UID:
almafu_9959232397802883
Format:
1 online resource (339 p.)
Edition:
1st ed.
ISBN:
94-6274-233-2
Content:
This book is a 'follow-up' of a book that appeared in 2011 in Dutch. That year saw the trial of Geert Wilders, parliamentarian and party leader of one of the largest political parties in The Netherlands. Central questions were: Should a parliamentarian be allowed more freedom of expression than an 'ordinary citizen'? How should 'group insult' and 'incitement to hatred and discrimination' be interpreted? What is the significance of the European Convention on Human Rights for freedom of speech? Is there a tension between freedom of speech de iure and de facto? These questions have lost none of t
Note:
Description based upon print version of record.
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Cover; Table of Contents; 1 The Various Aspects of Freedom of Speech; Introduction; General; About this book; Part I The National Dimension of Freedom of Speech; 2 The Curious History of Group Discrimination in the Netherlands; Introduction; 'Roaring Thirties'; The Original Article 137c; The New York Convention; The Legislative Amendments of 1992, 2003 and 2005; The Rationale Underlying Article 137c; A Few Components; Publicly; Making Insulting Comments; About a Group of People; Case Law; Contextual Review; The value of contextual review; The public debate; Professional debaters; Conclusion
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3 An Indefinable HatredIntroduction; Speech and harmful effect; Democracy and incitement to discrimination; Hatred and Outrage; Religion and Philosophy of Life versus Race; Conclusion; 4 Freedom of Speech: 'It's Politics all the Way Down'; There is no such thing as 'free speech'; Group Insult; Incitement to Hatred and Discrimination; Some Observations with Respect to the Jurisprudence Regarding Group Insult and Incitement to Hatred and Discrimination; Some Legal Theoretical and Concluding Remarks; 5 Extension of Parliamentary Immunity; Introduction
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History of the Doctrine of Parliamentary ImmunitySome Foreign Systems; The European Court of Human Rights and Parliamentary Immunity; Arguments For and Against Broadening the Reach of Parliamentary Immunity in Dutch Legal Literature; Extending the Scope of Parliamentary Immunity in the Netherlands; Possible Models; Conclusion; 6 Free Speech: A Look Back and a Look Ahead; Introduction; History of free speech; Analysis of American Free Speech Jurisprudence; Current issues; Final Word; Part II The International Dimension of Freedom of Speech; 7 Changing course by stealth; Introduction
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The Court's established case law regarding free speechA comparison with U.S. case law; The Court's Recent Deviation from the Path; Conclusion; 8 Hate Speech in the case law of the European Court of Human Rights; Introduction; Hate Speech and Liberal Constitutional Theory; The Court's Complex Formal Approach to Freedom of Speech; The Court's Substantive Approach to Hate Speech; Denialism: An Easy Case Becoming Hard?; Conclusion; 9 Extreme Speech in a Religious Context; Introduction; Legal Theory; The European Convention on Human Rights; Analysis and Conclusion
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10 Restricting Free Speech in Times of Terror: An ECHR PerspectiveIntroduction; Freedom of Expression and its Limits: The ECHR Framework; Prohibition and Punishment of Expressions of Support for Separatism and Terrorism: The Turkish Cases; Some Conclusions Based on the Turkish Cases; New Dimensions in the Post-9/11 era: The Transnational Nature of Terrorism and Religious Extremism; Legal Clarity, Foreseeability and Effectiveness: Legislative Struggles on the Issue of Criminalizing Terrorism-Related Speech; Conclusions; 11 The Civilizational Limitation of Freedom of Speech; Introduction
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Legal Limits of the Freedom of Speech at the International Level
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English
Additional Edition:
ISBN 94-6290-027-2
Language:
English
Keywords:
Electronic books.
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