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Book part
Publication date: 31 December 2010

John W. Wertheimer

This chapter explores the “Constitutional Revolution” of the 1930s, as it played out beyond the walls of the U.S. Supreme Court. It argues that a radically revised historical…

Abstract

This chapter explores the “Constitutional Revolution” of the 1930s, as it played out beyond the walls of the U.S. Supreme Court. It argues that a radically revised historical memory of the Constitution accompanied the ascent New Deal liberalism. Prior core values associated with the Constitution's history, such as federalism and the sanctity of private property, were dramatically downgraded, while the civil liberties embodied in the Bill of Rights dramatically rose. By so redefining their historical memory of the Constitution, Americans could enjoy the active government that most desired while still celebrating the constitutional traditions of individual freedom and limited government.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-85724-615-8

Article
Publication date: 14 November 2016

Iftikhar Alam, Roshan Lal Raina and Faizia Siddiqui

The Hon’ble Supreme Court of India, in a landmark judgment, scrapped a draconian law [Section 66 (A)] that gave the police absolute power to put behind bars anybody who was found…

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Abstract

Purpose

The Hon’ble Supreme Court of India, in a landmark judgment, scrapped a draconian law [Section 66 (A)] that gave the police absolute power to put behind bars anybody who was found posting offensive or annoying comments online. This paper aims to examine the take of people on the “Free Speech via Social Media” issue and their attitude towards the way sensitive messages/information are posted, shared and forwarded on social media, especially, Facebook.

Design/methodology/approach

The research was carried out on a sample of 200 social media users, all picked up randomly, from five Indian states/Union Territories. Data were collected through a questionnaire, and users were contacted through e-mail. Data collected were analyzed through the Kolmogorov–Smirnov (K-S) Z test.

Findings

The findings indicate that hate posts/messages are on the rise, and more and more users are joining in. Besides, prosecution happens only when the aggrieved party is influential or powerful.

Practical implications

The findings of this research give a strong insight into the social media behaviour of users in relation to hate contents/posts. The study establishes the fact that Indian people are in favour of free speech, but with a sense of restraint and responsibility. The work could form the basis for future research on various aspects of hate speech on social media. Researchers could study the trials and prosecutions that have happened over the past few years and whether punishment has acted as a deterrent.

Originality/value

The research is likely to be important for those involved in work on freedom of speech or hate speech through social media. Social networking sites such as Facebook would also get some insights into users’ perception towards free and hate speech mechanism on social media.

Details

Journal of Information, Communication and Ethics in Society, vol. 14 no. 4
Type: Research Article
ISSN: 1477-996X

Keywords

Book part
Publication date: 19 March 2024

Deb Aikat

With 43.2 million coronavirus cases and 525,000 deaths in 2022, India ranked second worldwide, after the United States (84.6 million cases and 1 million deaths), according to the…

Abstract

With 43.2 million coronavirus cases and 525,000 deaths in 2022, India ranked second worldwide, after the United States (84.6 million cases and 1 million deaths), according to the latest available June 2022 COVID-19 impact data.

Amid people’s growing mistrust in the government, India’s news media enhanced the nation’s distinguished designation as the world’s largest and most populous democracy. India’s news media inform, educate, empower, and entertain a surging population of 1.4 billion people, which is roughly one-sixth of the world’s people.

Drawing upon the media agendamelding theoretical framework, we conducted a case study research into interplay between two prominent democratic institutions, the media and the government, to analyze the role of the COVID-19 pandemic in redefining India’s networked society.

India’s COVID-19 pandemic aggravated internecine tensions between media and government relating to four key freedom issues: (1) world’s largest COVID-19 lockdown affecting 1.3 billion Indians from March 25, 2020 to August 2020 with extensions and five-phased re-openings, to restrict the spread of COVID-19; (2) Internet shutdowns; (3) media censorship during the 1975–1977 “Emergency”; and (4) unabated murders of journalists in India.

Although the COVID-19 pandemic caused deleterious problems debilitating the tensions between the media and the government, India’s journalists thrived by speaking truth to power. This study delineates key aspects of India’s media agendamelding that explicates how the people of India form their media agendas. India’s news audiences meld media messages from newspapers, television, and social media to form a picture of the issues, insights, and ideas that define their lives and times in the 21st century digital age.

Case study
Publication date: 18 September 2012

Anurag K. Agarwal

The Constitution of India guarantees freedom of speech and expression to its citizens. This freedom is not absolute and the State can impose reasonable restrictions. Of late…

Abstract

The Constitution of India guarantees freedom of speech and expression to its citizens. This freedom is not absolute and the State can impose reasonable restrictions. Of late, certain incidents have shown this freedom to be under threat. The case highlights some of such events. It makes the readers think about the importance of this right, reasonableness of restrictions, and the measures needed to protect it.

Details

Indian Institute of Management Ahmedabad, vol. no.
Type: Case Study
ISSN: 2633-3260
Published by: Indian Institute of Management Ahmedabad

Keywords

Book part
Publication date: 7 May 2019

Cláudia Toriz Ramos

Democracy requires free speech, but the channels for free speech and communication vary across time and place. With reference to ongoing democratization processes, or to potential…

Abstract

Democracy requires free speech, but the channels for free speech and communication vary across time and place. With reference to ongoing democratization processes, or to potential ruptures inside of authoritarian regimes, the role of mass communication, both by means of the conventional press and the internet, is an unavoidable topic of study.

The chapter examines the specificities of the internet as a “public sphere” for processes of regime transition, notably its transnational character, its potential for informal communication, its interactive character, the networking capacity it creates, and its medium-term political socialization potential. It also covers new censorship strategies designed by states to limit the freedom of the internet.

The role of the internet in fostering democratization in four African cases (Tunisia, Egypt, Angola, and Zimbabwe) is then studied, namely by considering material infrastructures, underlying socio-cultural conditions, and the efforts made by governments to curb its political effects.

The conclusion discusses the potential of the internet for fostering the breakup of authoritarian regimes and subsequent democratization processes, with reference to the African cases studied.

Details

Politics and Technology in the Post-Truth Era
Type: Book
ISBN: 978-1-78756-984-3

Keywords

Article
Publication date: 6 May 2021

Miral Sabry AlAshry

The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan…

Abstract

Purpose

The purpose of this study is to investigate Libyan journalists’ perspectives regarding the media laws Articles 37,132, 38 and 46, which address media freedom in the new Libyan Constitution of 2017.

Design/methodology/approach

Focus group discussions were done with 35 Libyan journalists, 12 of them from the Constitution Committee, while 23 of them reported the update of the constitution in the Libyan Parliament.

Findings

The results of the study indicated that there were media laws articles that did not conform to the international laws and United Nations treaties, which the Libyan Parliament committee approved. Another finding from the journalists was the Constitution should provide and guarantee press freedom, while media laws articles approved to put a paragraph about “censorship” in the press and media as a tool to silence government opposition. In addition, journalists indicated future constitution should redraft Article 38 to conform with Article 19 of the “International Covenant on Civil and Political Rights,” to support the “principles of freedom of expression and information” without control. Moreover, Article 46 needs to be changed and linked to the “provisions of international law on the right of information access” to improve the access and dissemination of information in the media.

Practical implications

Redrafting the constitution articles in the future can be summarised as follows: First, the Libyan Constitution should provide and guarantee press freedom without any censorship and include clear articles to protect journalists in conflict zones. Second, Articles 37,132 and 38, about “freedom of information and publication,” need to be redrafted to link with Article 19 of the “International Covenant on Civil and Political Rights,” to support the principles of freedom of expression and information, and the use of this right must not be subject to prior control. Third, Article 46 needs to be changed and linked to the provisions of “International law on the Right of Access to Information” to improve access and dissemination of information in the media to protect confidentiality sources. The most important articles should be implemented (freedom of information and personal information act) because after the Arab Spring revolutions, there was a transitional period in societies and a change in the constitutions of Tunisia and Egypt. They developed legal articles about media freedom so that Libya resembles other Arab countries. From that point, the journalists recommended that all information should be protected from government interference to ensure transparency, combat corruption and protect independent journalists. These articles will open the way to add more development articles to media freedom rules in the Journalists’ Syndicate. Fourth, there are also various types of threats encountered by journalists in their work. In pursuit of their right and freedom of expression, they recommended that Libya must establish an independent self-regulatory media that are free from political and economic influence. Fifth, journalists need licenses for them to work through the syndicate. The new syndicate should play an active role to safeguard the rights of journalists, activists and media entities to carry out their work and end the self-censorship. Sixth, the constitution should also add articles to end the impunity and change the articles in the penal code. Overall, the journalists covering the conflict and war are encountering threats, violence and imprisonment. As a result, Libyan journalists must seek new legislation to defend independent journalism and freedom of expression in their deeply divided country. In addition, they need to have a strong central authority to defend journalists and journalism in wartime, where journalists are regularly threatened, abducted and sometimes killed. Also, the Libyan Journalists Syndicate should stress the importance of the media’s self-regulation to guarantee their rights to freedom of expression, grant their readers’ respect and minimise government’s interference. Finally, they need to develop new laws to grant media freedom from regulations and restrictions, as well as defend and promote democracy, the citizens’ right to be informed, as well as their right to discuss and disseminate information. There is also the need to implement articles in the constitution, articles about the protection of political speech, which would be specific enough to differentiate between what is legally permitted and what may be ethically offensive.

Originality/value

This study will help the new Libyan parliament after the legislative elections on 24 December 2021 to amend the media laws articles in the constitution.

Details

Journal of Information, Communication and Ethics in Society, vol. 19 no. 2
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 22 October 2018

Peter Buell Hirsch

This paper aims to highlight the unique challenges posed to corporations by the explosion of political speech in the workplace and proposes best practices for handling them. The…

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Abstract

Purpose

This paper aims to highlight the unique challenges posed to corporations by the explosion of political speech in the workplace and proposes best practices for handling them. The polarization of opinion taking place across many countries and the use of social media to propagate and debate these opinions has created huge new pressures for employers dealing with political speech in the workplace. Regulating political discussion in a work setting while preserving freedom of speech requires employers to walk a fine line, especially when that speech is critical of corporate policy. Enlightened consistency, clarity and common sense are key.

Design/methodology/approach

The author uses a variety of recent controversies on the subject of political speech in the workplace in different countries to suggest some rules for managing this increasingly contentious topic.

Findings

A review of real-world cases suggests that political speech in the workplace will always be messy, but employers can mitigate the damage that can be done by enlightened consistency and, above all, clarity about what is permissible.

Research limitations/implications

By definition, the sample of incidents reviewed is limited, and the conclusions drawn are the subjective views of the author.

Practical implications

By following the principles proposed, employers should be able to regulate political speech in the workplace in ways that preserve individual freedoms without jeopardizing the enterprise.

Social implications

In a world in which private and public personas are no longer separate, having sensible and effective rules about political speech in the workplace should lead to reduced tensions and a greater feeling of empowerment for people with strongly held beliefs.

Originality/value

While the subject of political speech in the workplace has received considerable attention, the author is not aware of any treatment that proposes new principles for employers in handling such speech.

Details

Journal of Business Strategy, vol. 39 no. 6
Type: Research Article
ISSN: 0275-6668

Keywords

Article
Publication date: 2 January 2023

Mabruk Derbesh

This paper aims to confront some of the many facets of academic freedom as a whole, including the shared concerns with Western academia, its relationship to the politics of Arab…

Abstract

Purpose

This paper aims to confront some of the many facets of academic freedom as a whole, including the shared concerns with Western academia, its relationship to the politics of Arab society and the relevance of these issues within local political domains. It attempts to profile the problems hindering societal progress beyond the seemingly defined truth. While this subject has many facets, this article only examines academic freedom within the scope of knowledge and inquiry derived from the revered text of the Qur'ãn, including its relation to democracy and radicalism. It is an effort to refocus Arab intellectual dialogue on its ailing academia. It also argues for Arab society to reclaim its core culture of Islam as an enabler of learning aside from the Eurocentric perspective of academic freedom.

Design/methodology/approach

This paper uses an expository and persuasive format in its novel perspective. This expository form sets out the argument of academic freedom as being indigenous to Arab-Islamic heritage and pursues a persuasive statement for its resolution. This format outlines the main familiar aspects of academic freedom and lays out its components within Arab-Islamic history.

Findings

This paper provides insights and arguments supporting its main theory. It suggests that Arabs must judiciously consider what their education will look like and accomplish in the next 100 years, considering the sociopolitical status quo and the chances of changing it. It argues that academic freedom is indigenous to Arab-Islamic early history, academia and knowledge governance. Therefore, Arab academia must not ignore its heritage to examine what hinders education and intellectualism. It concludes with the point that reinstalling a culture of knowledge will create a relevant democracy.

Research limitations/implications

The implications for research, practice and society are vast. Further academic freedom research would redefine terms of processes, change the role of academic leadership, debunk locally dominated politics, introduce learning-first policies, balance inequalities in gender, abolish academic tribalism and move past colonialist ideas and predominance. For researchers, this point of view would open doors for new scholastic approaches.

Practical implications

This paper includes practical implications that stem from an approach that would provoke practical possibilities and call for more academic conversations. Further conversations should explore and debate the gaps in Arab-Islamic knowledge history. The Global South of the Arab World or the Middle East and Northern Africa/Southwest Asia North Africa region could consider drafting a contemporary MENA account of a Magna Charta Libertatis Academicae or a Magna Charta Universitatum that is galvanized by Arab revivable heritage. Moreover, It would be productive if Western universities that operate in the Arab World would also take an active role in denouncing undemocratic practices and not merely operate as commercial enterprises.

Social implications

Realizing academic freedom in Arab institutions will have a positive spillover effect on Arab society, including thriving and free media, freedom of speech and gender issues. Academic freedom is one of the main elements in structuring free political culture that adhere to the principles of tolerance. Academic freedom is necessary for showing all contesting ideas in a better light and, ultimately, achieving a form of intellectual equipoise.

Originality/value

This paper concerns academic freedom in the Arab-Islamic World. The majority of academic freedom scholarship today assumes a Western democratic context in discussing or even arguing against it. The paper's focus is a novel expansion of that literature.

Details

On the Horizon: The International Journal of Learning Futures, vol. 31 no. 2
Type: Research Article
ISSN: 1074-8121

Keywords

Article
Publication date: 1 July 2012

Karon N. LeCompte and Michelle Bauml

We present an instructional strategy in which children utilize critical thinking skills to interpret images related to social studies concepts. To illustrate, we focus on teaching…

Abstract

We present an instructional strategy in which children utilize critical thinking skills to interpret images related to social studies concepts. To illustrate, we focus on teaching First Amendment freedoms; however, we encourage teachers to apply the strategy with other social studies concepts. Using visual media such as paintings and photographs to teach abstract social studies concepts can be especially helpful for teachers working with English language learners and young children. Suggested resources for locating images for classroom use are provided.

Details

Social Studies Research and Practice, vol. 7 no. 2
Type: Research Article
ISSN: 1933-5415

Keywords

Article
Publication date: 18 December 2020

Md. Nurul Momen, Harsha S. and Debobrata Das

This paper aims to highlight the very recent cases of internet shutdown during the creation of Union territory of Jammu and Kashmir and enactment of Citizenship Amendment Act and…

Abstract

Purpose

This paper aims to highlight the very recent cases of internet shutdown during the creation of Union territory of Jammu and Kashmir and enactment of Citizenship Amendment Act and the detention under Section 66 (A) of Information Technology Act 2000.

Design/methodology/approach

This study takes up a broad explorative discussion of the challenges posed to the consolidation of democracy in India due to frequent internet shutdowns for online communication and social media usages.

Findings

As findings, it is narrated that due to politically motivated reasons, India compromises its commitment to the pluralism and diversity in views, in particular, individual rights to freedom of expression and opinion, enshrined in the constitution.

Originality/value

Right to freedom of speech and expression has now taken a new shape due to the emergence and availability of the internet that enriches the quality of democracy.

Details

Journal of Information, Communication and Ethics in Society, vol. 19 no. 2
Type: Research Article
ISSN: 1477-996X

Keywords

21 – 30 of over 9000