In modern democratic states people should be able to freely express themselves without fear of censorship or breaching the law. Discuss

Posted on by

Normal
0

false
false
false

EN-GB
X-NONE
X-NONE

/* Style Definitions */
table.MsoNormalTable
{mso-style-name:”Table Normal”;
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-parent:””;
mso-padding-alt:0cm 5.4pt 0cm 5.4pt;
mso-para-margin-top:0cm;
mso-para-margin-right:0cm;
mso-para-margin-bottom:8.0pt;
mso-para-margin-left:0cm;
line-height:107%;
mso-pagination:widow-orphan;
font-size:11.0pt;
font-family:”Calibri”,sans-serif;
mso-ascii-font-family:Calibri;
mso-ascii-theme-font:minor-latin;
mso-hansi-font-family:Calibri;
mso-hansi-theme-font:minor-latin;
mso-bidi-font-family:”Times New Roman”;
mso-bidi-theme-font:minor-bidi;
mso-ansi-language:EN-GB;}

ESSAY QUESTION

In modern democratic states people should be able to freely express themselves without fear of censorship or breaching the law. 

Discuss

–        4,500 words (including footnotes but excluding bibliography). 4,500 is the word limit, no more.

 

The clash of freedoms: expression and non-discrimination

Reading

  • Temperman, J., Freedom of Expression and the Religious Sensitivities in Pluralist Societies: Facing the Challenge of Extreme Speech, 2011 available at:  http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2604&context=lawreview
  • Bacquet, S., Freedom of Expression v. Hate Speech: An illustration of the Dilemma through an in-depth analysis of judicial approaches in England and France (2011: VDM Verlag Dr. Müller e.K)

·       Read Kevin Boyles Article on “HATE SPEECH THE UNITED STATES VERSUS THE REST OF THE WORLD”

·       Look at Kevin Boyle’s book, article etc! He is key and has good stuff on this topic

·       Look at the Oxford Journal of Law and Religion

·       Read Temperman J and other articles by Temperman J and Kevin Boyle

  • Boyle K., ‘Hate Speech – The United States versus the Rest of the World’, 53 Maine Law Review 488 2001
  • Boyle K., ‘The Danish Cartoons’, Netherland Quarterly of Human Rights, Vol 24/2. 185-191, 2006 

 

Case Studies

  • The Satanic Verses controversy / Salman Rushdie Affair
  • The Danish Cartoons
  • The case of Abdullah El-Faisal
  • See also Abu Hamza, Abu Qatada
  • Neo-Nazism

 

Questions to guide Discussion

1)     Is there a right to be protected in your religious sensibilities from scorn ridicule satire or any other similar criticism?

 

2)     Should speech be limited by reason of national security?

 

3)     Can censorship ever be justified?

 

4)     Can freedom of religion be enjoyed without freedom of expression? 

 

 

Defamation of religion, Freedom of expression

Criticism of religion vs freedom of expression – are the two compatible. You need to discuss each

·       You need to look at censorship

·       You need to look at the offence of blasphemy which in the UK has been abolished, which has also been recently abolished in Denmark but still exists in quite a few countries etc.

·       Look at solutions beyond the law.

·       Look at Kevin Boyle’s book, article etc! He is key and has good stuff on this topic

·       Look at the reading I posted as well as the reading suggested in the instructions documents

·       You really need to engage with the literature on this topic, and precisely on the topic of “criticisms of religion”

·       Look at the Oxford Journal of Law and Religion

·       Consider both sides

·       Look at the propositions suggested on UN Level for an offence of defamation and religion, people are arguing for and against – what are the reasons for this

·       Take and use case studies as suggested in INSTRUCTIONS document, in depth case studies

·       Ensure you get the theoretical arguments

·       Read Temperman J and other articles by Temperman J and Kevin Boyle

·       Look at Article 19 on blasphemy

·       Look at both side of the arguments in depth and then come to a solution beyond the law, what are you proposing. What solution do you propose?

·       You need to make it crystal clear in the essay what is the difference between hate crime, hate speech, holocaust denial etc.

·       Look at the united states position, (for example in the united states you can deny the holocaust but in other countries you cannot it is against the law)

·       Read Kevin Boyles Article on “HATE SPEECH THE UNITED STATES VERSUS THE REST OF THE WORLD”