Without the freedom of the press the road to fanaticism and totalitarianism lies wide open. This book focuses on how the press reacted under strain in a number of cases in the 20th and 21st century. Both academics and journalists give their views on censorship, self-censorship and press-ethics challenging the reader to find his own position.

Mr. Bork discusses concern over press power and irresponsibility, particularly the attitude of the press that the public's "right to know" gives them the right to publish anything. He expresses concern that the public backlash could lead to excessive restrictions on the press.

In lieu of an abstract, here is a brief excerpt of the content:David Hume and the Danish Debate about Freedom of the Press in the 1770sJohn Christian LaursenWhen the reception history of David Hume’s political writings is written, there will have to be some discussion of their fate in “peripheral” countries like Denmark. Hume’s “Of Liberty of the Press” was translated into Danish as early as 1771. It is not widely known that Denmark was the first country (...) officially to declare freedom of the press and that a lively debate broke out once such freedom was declared. Hume’s essay was put to work in that debate. The story of this translation provides insights into the influence of Hume’s ideas in peripheral countries in Europe, and of Denmark in continental European ideas. Among other things, here we have an example of Hume’s work used in a concrete propaganda battle.The Danish translation of Hume’s essay was published as the last of three supplemental essays in a 31-page pamphlet entitled Mr. F. A. de Voltaire’s Letter to His Majesty the King of Denmark concerning freedom of the press in his states, together with some essays of relevant content. 1 A copy can be found at the Royal Library in Copenhagen in volume twenty of the forty-five bound volumes of pamphlets and booklets from 1770 to 1773 which make up Luxdorph’s Collection of Press Freedom Writings. 2 These pamphlets, in German, French, and (mostly) Danish, were collected at the time by Bolle Willum Luxdorph, a Danish man of letters and court counselor. [End Page 167]The occasion for Voltaire’s letter and our pamphlet was King Christian VII’s declaration of freedom of the press in his territories (the Kingdoms of Norway and Denmark and the Duchy of Schleswig-Holstein) on 4 September 1770. It was in the form of a Cabinet Order to his Danish Chancellery, in the following words:We are fully convinced that it is as harmful to the impartial search for truth as it is to the discovery of obsolete errors and prejudices, if upright patriots, zealous for the common good and what is genuinely best for their fellow citizens, because they are frightened by reputation, orders, and preconceived opinions, are hindered from being free to write according to their insight, conscience, and conviction, attacking abuses and uncovering prejudices. And thus in this regard, after ripe consideration, we have decided to permit in our kingdoms and lands in general an unlimited freedom of the press of such a form, that from now on no one shall be required and obliged to submit books and writings that he wants to bring to the press to the previously required censorship and approval, and thus to submit them to the control of those who have undertaken the business until now of inspecting them; so have we graciously revealed and made known this our will concerning our kingdoms to our Danish Chancellery. Given at Friedrichsberg, the 4 September 1770. Christian. 3The foregoing cabinet order was largely the idea of Johann Friedrich Struensee, court physician and soon to be Prime Minister for Christian VII. 4 Less than ten years earlier, two periodicals he was involved with when he lived in Danish Altona had been suppressed, 5 and when he came to power by a series of accidents, one of his first acts was to arrange for the king to declare freedom of the press. [End Page 168]Response to this declaration was immediate. In Denmark it led to a flurry of pamphlets on a myriad of topics, including the high cost of living and the salaries of ministers, 6 monopolies and trade issues (vol. III), coinage (vol. IV), civil servants, the public debt, the agricultural economy (vol. V), the abolition of tenant farmers’ work obligations (vol. VI), the Iceland trade (vol. VII), marriage law, breweries (vol. VIII), banks, lotteries (vol. IX), soldiers’ and sailors’ pay (vol. X), the Norwegian economy (vol. XI), the universities and academies (vol. XII), the power of women (vol. XIII), irreligion and impiety (vol. XIV), prophecies of doom (vol. XV), fables, allegories and libels (vols. XVI–XVIII), and the eternity of hell (vol. XIX).Many pamphlets discussed press freedom... (shrink)

Laws, Mind, and Free Will is a highly valuable book for anyone interested in philosophy of science, philosophy of mind, or in the problem of free will and moral responsibility. The book has three distinct but related parts. The first presents an anti-empiricist position on the laws of nature, according to which the point of the laws is not primarily to predict kinematic outcomes, but rather to characterize dynamics. One upshot of the account is that the laws have an attenuated (...) role in determining and prediction of actual motion, and this has an important consequence for the relevance of the laws to the prospects for libertarian free will. This consequence is developed in detail in the second part of the book. A further feature of the account is that proposed laws and the theories in which they are embedded are models in a sense that reflects our interests and involves idealization. In Horst’s view, this is true for theories and laws across the sciences—from physics to psychology. The l .. (shrink)

Opponents and proponents alike of the freedom of the UK press to print prejudicial content about marginalised groups typically frame the debate in classic ‘free speech’ vs ‘harm principle’ terms. Those in favour of press freedom argue that the print press' right to freedom of expression beats any perceived or actual harm caused, and those against argue the opposite. Predictably, little progress is made in either party convincing the other. I suggest that we ought (...) to instead ask, what grounds the freedom of the press? I propose that one plausible answer is: the value of agential epistemic participation. And I argue that we cannot uphold that value at the same time as permitting discriminatory reporting against collectives of individuals. This offers a strong basis from which to argue for a change in UK press regulatory policy, to allow discrimination claims against groups of individuals to be heard. Further, when we consider the role of epistemic participation in one’s ability to perform as a person, we ought to find that most complaints will in practice find in the favour of the group in question, rather than the PPM. (shrink)

When government officials can look you in the eye and invoke the Federal Freedom of Information Act, they know full well that they have donned a cloak of invisibility. They are saying, in effect, "You can't touch me," and they are calculating that you will get the message and go away. Worse yet, they are putting a premium on "access" journalism—they are elevating the importance of access, of authorized leaks, of journalists currying favor with the right government officials to (...) get information and to get information quickly, when they are on deadline and they need answers. Simply put, if journalists cannot rely on being able to go to source documents in a reasonably fast way, they are in a terribly weakened position when it comes to actually dealing day-in and day-out with high government officials. (shrink)

Stuart Hampshire's essay on human freedom offers an important analysis of concepts surrounding the central idea of intentional action. The author contrasts the powers of animals and of inanimate things; examines the relation between power and action; and distinguishes between two kinds of self-knowledge. Explaining human freedom by means of this distinction, he focuses his attention on self-knowledge gained by introspection. He writes: "...an individual who acquires more systematic knowledge of the causes of states of mind, emotion, and (...) desires, insofar as these are not the outcome of his decision, thereby becomes more free than he previously was to control and direct his own life:...there will in general be a closer correlation between that which he sets himself to do and that which he actually achieves in his life." In a postscript on determinism and psychological explanation, the author provides a detailed account of some of the ways in which explanation of states of mind differs from explanation of physical states. Originally published in 1975. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

According to Tocqueville, the freedom of the press, which he treats as an extension of the freedom of speech, is a primary constituent element of liberty. Tocqueville treats the freedom of the press in relation to and as an extension of the right to assemble and govern one’s own affairs, both of which he argues are essential to preserving liberty in a free society. Although scholars acknowledge the importance of civil associations to liberty in Tocqueville’s (...) political thought, they routinely ignore the importance he places on the freedom of the press and speech. His reflections on the importance of the free press and speech may help to shed light on the dangers of recent attempts to censor the press and speech. (shrink)

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem (...) to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

This will be an admittedly opinionated review that gives with one hand and takes with the other. Let me be clear though from the outset that there is much to admire and agree with here. Perhaps, the biggest complaint is the failure of the author to engage with other highly relevant literature in philosophy of science and metaphysics that would yield her natural allies or would provide natural foils that ought to be named and engaged. On the allies side, there (...) are many people now writing in the vein of emergence that have made many of the same claims and used many of the same case studies to bolster their claims as Thalos. Surely, this requires a response on her part given that “emergence” is one of her primary foils. Rather than discussing those people’s work, she chooses to focus on a particular brand of emergence as a foil and thereby throws out the baby with the bathwater. Thalos also fails to engage the huge and highly relevant literature on the causal (or d .. (shrink)

The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential for (...) indirect democracy. A discussion’s depth, quality and comprehensiveness constitute important factors which determine the correctness of choices made by citizens and politicians. Mainly, it is the free press which fosters communication between political parties and citizens. The role of the “watchdog” is fundamental to revealing the circumstances under which politicians or other public persons make different political and administrative decisions. This is what permits the identification of motives for rulings and the circumstances under which they were approved. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the (...) powerful.[Brown, 2009, 13 January]1 Effective protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Over the last eight years, there has been a sharp increase in government censorship and officially sponsored persecution of the Moroccan free press. The Moroccan press still enjoys greater freedoms now than under the late King Hassan II, thanks to the liberalization efforts he facilitated toward the end of his life, which were also continued in the early years of his son’s reign. However, the freedoms media activists worked so hard to obtain at the end of the last (...) century have rapidly begun to erode, particularly after the 2003 terrorist attacks in Casablanca. Morocco remains an important Arab ally to both the United States and Europe, but the monarchy risks that relationship by tightening the reigns on speech and violating international human rights laws. Moreover, the monarchy puts itself at risk domestically every time it imprisons a journalist or imposes a bankrupting fine on a popular periodical, as Moroccan human rights groups grow less enchanted by their king. Over the last two years, criminal charges against the media have increased significantly, causing some publications to close and leaving a number of journalists in jail for their writings. In addition, since 2008, the Moroccan government has begun to censor the Internet, arresting bloggers and satirists and temporarily suspending access to popular websites, such as YouTube. This article explores Morocco's obligations under international and domestic law relating to freedom of expression and examines some recent court cases involving the Moroccan media. (shrink)

There are few who would deny that P. F. Strawson’s “Freedom and Resentment” (1962) ranks among the most significant contributions to modern moral philosophy. Although any number of essays have been devoted to it, Pamela Hieronymi’s 'Freedom, Resentment, and the Metaphysics of Morals' is the first book-length study. The aim of Hieronymi’s study is to show that Strawson’s “central argument” has been “underestimated and misunderstood.” Hieronymi interprets this argument in terms of what she describes as Strawson’s “social naturalism”. (...) Understood this way, Hieronymi maintains, “the argument is powerful”. In what follows I argue that while Hieronymi’s discussion is stimulating and provides valuable insights into “Freedom and Resentment,” neither the interpretation advanced nor the social naturalist position that it describes is convincing. (shrink)

The right of freedom of religion is one of the fundamental rights guaranteed in the Malaysian Constitution. The provision over the right to freedom of religion is seen as one of the most crucial provisions ever stated in the Federal Constitution. Article 11 has never been amended. Indeed, provision in Article 3 reiterates the right of individuals, especially the non-Muslims to profess and practise their religion freely, without any fear and interference. The special status of the religion of (...) Islam enshrined in Article 3 does not mean that non-Muslims have no right in matter of freedom of religion. However, the Federal Constitution seems to restrict the right to freedom of religion, in the sense that freedom of religion in Malaysia is not absolute. There have been several restrictions imposed not only within the constitutional framework but also other general legislations. Among provisions that furnished such restrictions can be seen in Articles 11, 11 and 10 of the Federal Constitution. Moreover, the Parliament had also passed several legislations allowing such restrictions. This can be seen, among others, the Internal Security Act of 1960, the Societies Act of 1966, the Police Act of 1967, the Printing Presses and Publications Act of 1984, the Town and Country Planning Act of 1976 and the Penal Code. As such, Muslims and non-Muslims alike must adhere to certain religious constraints for the sake of public order, public health and morality.While freedom of religion is guaranteed for individuals in the Malaysian Constitution, some states in Malaysia have penalised Muslims who renounced the Islamic faith. Although there is no death penalty for apostasy in Malaysia, apostates are subject to punishments like fine, imprisonment and to a certain extent whipping. In certain states, apostates are detained at the rehabilitation centre for up to 36 months. These have brought concern to human rights activists because such punishments and detention may seem contrary to the right to freedom of religion enshrined under Article 11 of the Federal Constitution and Article 5 that guarantees individual liberty. This article attempts to investigate whether restrictions over the right of freedom of religion particularly when Muslims renounce the Islamic faith is constitutionally valid. It also intends to highlight the conflict in the laws surrounding the punishment for apostasy in various states in Malaysia. (shrink)

Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and self-respect (...) are all dependent on the preservation of personal integrity. I respond to two objections, one pressed by Andrew Koppelman and the other by Richard Arneson, to the claim that personal integrity is valuable, and to a further argument by Arneson to the effect that it is unfair to others claiming accommodations to exempt those with conscience-based claims. (shrink)

The debate over press liberty before and during the pre-Revolutionary era (1763-1775) in America reveals how a once-unified, if rudimentary, tradition gave rise to two sophisticated and contrary doctrines, aspects of which continue to infuse current free speech discourse. The vague, republican and liberal discourse of the `free and open' press bifurcated as a result of the competing political and ideological forces involved in the pre-Revolutionary crisis. Through an examination of this historical debate over press liberty, this (...) essay seeks to recast two current scholarly debates . First, this study undermines the polarized debate over early American political thought and substantiates recent abstract attempts to demonstrate the complex relationship between republicanism and liberalism. Second, this interpretation uncovers a central dynamic in the development of the American tradition of press liberty, thus calling into question a wide variety of previous studies that ignore this crucial feature. (shrink)

DIVTranslated into English for the first time, this work portrays a different side of Hegel -- not just as a philosopher preoccupied with abstract ideas but a man deeply enmeshed and active in the pressing, concrete political issues of his time./div.

Freedom of speech and of the press have long been central rights within democratic polities, but there is little agreement as to their content, scope or justification. These essays take up fundamental issues concerning freedom of communication in general, and some controversial areas as well.

In his latest book, Philip Pettit begins with the apt observation that analyses of freedom in the context of human agency and the free will problem are typically kept separate from discussions of that concept in the political realm. This he regards as an unfortunate departure from the classical view that the psychological freedom of the agent and the political freedom of the citizen are intimately connected. Indeed, the book is a sustained argument for replacing this dichotomy (...) with a single, comprehensive account of freedom as "fitness to be held responsible". Petitt argues that such an analysis is not only intuitively plausible but can be supported on coherentist grounds because, while our intuitions about freedom in each of the two spheres radically underdetermine an overall theory in that domain, "the combination of those sets of intuitions is capable of significantly constraining the choice of a single, unified theory of freedom". The central claim of this intricately argued book is that fitness to be held responsible is most plausibly equated with a conception of freedom that is at once psychological and social. (shrink)

Tracking the relationship between the theory of press control and the realities of practicing daily press censorship prior to publication, this volume on the suppression of dissent in early modern Europe tackles a topic with many elusive and under-researched characteristics. Pre-publication censorship was common in absolutist regimes in Catholic and Protestant countries alike, but how effective it was in practice remains open to debate. The Netherlands and England, where critical content segued into outright lampoonery, were unusual for hard-wired (...) press freedoms that arose, respectively, from a highly competitive publishing industry and highly decentralized political institutions. These nations remained extraordinary exceptions to a rule that, for example in France, did not end until the revolution of 1789. Here, the author’s European perspective provides a survey of the varying censorship regulations in European nations, as well as the shifting meanings of ‘freedom of the press’. The analysis opens up fascinating insights, afforded by careful reading of primary archival sources, into the reactions of censors confronted with manuscripts by authors seeking permission to publish. Tortarolo sets the opinions on censorship of well-known writers, including Voltaire and Montesquieu, alongside the commentary of anonymous censors, allowing us to revisit some common views of eighteenth-century history. How far did these writers, their reasoning stiffened by Enlightenment values, promote dissident views of absolutist monarchies in Europe, and what insights did governments gain from censors’ reports into the social tensions brewing under their rule? These questions will excite dedicated researchers, graduate students, and discerning lay readers alike. (shrink)

This paper reflects on the articles submitted for the Symposium Confronting the Internet’s Dark Side. I discuss some of the criticisms of the book’s theory and my treatment of hate speech. The responsibilities of Internet Service Providers and Web-Hosting Services are in the fore, arguing that as they are the gatekeepers, they need to be proactive far more than they are now. This paper, like my book, strives to suggest an approach that harnesses the strengths and capabilities of the public (...) and the private sectors in offering practical solutions to pressing problems. (shrink)

Would suppressing deepfakes violate freedom of expression norms? The question is pressing because the deepfake phenomenon in its more poisonous manifestations appears to call for a response, and automated targeting of some kind looks to be the most practically viable. Two simple answers are rejected: that deepfakes do not deserve protection under freedom of expression legislation because they are fake by definition; and that deepfakes can be targeted if but only if they are misleadingly presented as authentic. To (...) make progress, following a discussion of why freedom of expression deserves protection in a democracy, the question is reframed. At issue is not whether the arrival of deepfakes brings new and potentially serious dangers (it does), nor whether these dangers call for measures that potentially limit freedom of expression (they do), but whether the need for such measures raises any new and unfamiliar freedom-of-expression challenges. The answer to that question, surprisingly, is no. The balancing act needed to cope with the arrival of deepfakes brings plenty of difficulties, certainly, but none of the measures likely to be effective in tackling deepfake harms raises freedom-of-expression concerns that aren’t familiar from consideration of non-deepfake harms. In that respect, at least, the arrival of deepfakes makes no difference. (shrink)

A Hegelian Liberal Theory of the Penal Law Content Type Journal Article Category Book Review Pages 219-224 DOI 10.1007/s11572-011-9119-8 Authors Alfonso Donoso, Pontificia Universidad Cat’olica de Chile, ICP, Santiago, Chile Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791 Journal Volume Volume 5 Journal Issue Volume 5, Number 2.