“Should there be a limit to freedom of expression?
Order Description
Make sure you have a 1) thesis statement/ argument and 2) road map for your paper (right at the beginning). Strong essays will refute counterarguments as well.
Draw out the themes/ large conceptual issues. Strong essays get beyond the empirics of the case studies and tie them to the larger theoretical issues.
If you have more than one case study make sure there is rationale for your case selection. What theme or subthemes are you addressing and how do these cases work
together? (Some students throw different cases together and consequently the essay lacks overall coherence.) There should be a red thread running through your paper.
Signal to your reader that you did the assigned readings for class. Do not cite only outside readings. Strong essays will do both but I first want to see that you
did the readings assigned for class.
Essays should be related to issues we discussed in class. Do not use material from other essays/ assignments.
Should we limit the freedom of expression?
-national security
-public order
-public health or morals
under what conditions should there be limits to FOE?
Mill-> FOE
Harm -> group or person
-emotional/ harm
-sexual physical
Anti-iconism-> God
->creates conflict
1. What is the freedom of expression? Why is it considered an important human right?
2. Where is it codified?
3. Under what conditions are limits to the freedom of expression considered acceptable?
4. What do critics of these provisions argue?
5. Was is the case of The Guardian and The Observer v. The United Kingdom (Spycatcher case)? Was was a stake here? What arguments did the Lords ultimately make? Who
won?
6. Who is David Irving? What is at stake in his case against Deborah Lipstadt?
7. What is the Jyllands-Posten controversy? Should the newspaper have refused to publish the cartoons?
8. What is hate speech? How was it used in Rwanda during the genocide?
9. What are the challenges that librarians and other curators of documents face regarding the freedom of expression? (See the Sturgis article)
10. What does Hussain argue are the differences between satirical representations of Islam and the Prophet Muhammad and Christianity (and Jesus)?
JohnStuart Mill On Liberty
If all mankind minus one were of one opinion and one and only one person were of the contrary opinion mankind would be no more justified in silencing that one
person than he if he had the power would be justified in silencing mankind.
Article 19 UDHR
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek receive and impart
information and ideas through any media and regardless of frontiers.
Improper and criminal behavior alleged:
(a) MI5 bugged all diplomatic conferences at Lancaster House in London throughout the 1950s and 1960s as well as the Zimbabwe independence negotiations in 1979;
(b) MI5 bugged diplomats from France Germany Greece and Indonesia as well as Mr Kruschevs hotel suite during his visit to Britain in the 1950s and was guilty
of routine burglary and bugging (including the entering of Soviet consulates abroad);
(c) MI5 plotted unsuccessfully to assassinate President Nasser of Egypt at the time of the Suez crisis;
(d) MI5 plotted against Harold Wilson during his premiership from 1974 to 1976;
(e) MI5 (contrary to its guidelines) diverted its resources to investigate left-wing political groups in Britain.
Source: European Court of Human Rights (ECHR)
The Attorney General instituted proceedings for breach of confidence in the Chancery Division of the High Court of Justice of England and Wales against O.G. seeking
permanent injunctions restraining them from making any publication of Spy Catcher material.
He based his claim on the principle that the information in the memoirs was confidential and that a third party coming into possession of information knowing that it
originated from a breach of confidence owed the same duty to the original confider as that owed by the original confidant. It was accepted that an award of damages
would have been an insufficient and inappropriate remedy for the Attorney General and that only an injunction would serve his purpose.
European Court of Human Rights
Jyllands-Posten cartoon scandal -September30 2005 Case Study”

  

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