Suchergebnisse

Cover -- Introduction -- I. Of What We Speak -- II. Why Study the Regulation of Speech: The Canary in a Coal Mine -- III. The Lens of this Research -- 1. Social Control as a paradigm of Criminal Law -- 2. Moral Panic and Social Control -- 3. Economic Status Quo -- IV. Road Map -- Chapter 1 Regulation of Sexualized Speech in the United States -- I. Protected v. Unprotected Sexualized Speech -- 1. The Scarlet Letter of Speech: Obscenity Regulation 1791 to 1957 -- a) Early Years of the Republic to the Civil War -- b) The Comstock Era

Freedom of expression in abstraction is easily professed, yet often controversial and unsatisfying. As states attempt to balance the interest of liberty, speech is often at the intersection. In its practical application, it is easy to lose sight of the interest of expression, as the damage of the expression is much more concrete than that of the abstraction of speech idea is. This work is a unique, comprehensive study of sexualized speech regulation, reviewing the paradigms of enforcement and looking forward to determine how governments will react to challenges in an interconnected world. A challenge will be to find a balance between freedom of expression and protection of societal interests. Challenges of the freedom of expression are many and often. Often restrictions seem reasonable and justified. The ideal of free expression is often more noble than the speech that is suppressed. It is particularly because of the unpopularity of some of this sexualized speech and some speakers that eternal vigilance may be required.

Über das Ideal der freien Meinungsäußerung kann sich schnell verständigt werden. Doch beim konkreten staatlichen Abwägen verschiedener Freiheitsrechte lässt sich dieses Ideal oft nicht aufrecht erhalten.Das Werk untersucht, unter welchen Voraussetzungen es möglich ist, ein Gleichgewicht zwischen Meinungsfreiheit und dem Schutz anderer gesellschaftlicher Interessen zu schaffen. Oft scheinen Einschränkungen der Meinungsfreiheit durchaus gerechtfertigt, gerade dort, wo sexistische Sprache gebraucht wird. Wie Regierungen in einer vernetzten Welt auf diesen Konflikt reagieren, ist Gegenstand der vorliegenden Untersuchung

Recently, the Court of Justice of the European Union issued decision C-131/12, which was considered a major breakthrough in Internet data protection. The general public welcomed this decision as an actualization of the controversial "right to be forgotten", which was introduced in the initial draft for a new regulation on data protection and repeatedly amended, due to objections by various Member States and major companies involved in massive processing of personal data. This paper attempts to delve into the content of that decision and examine if it indeed involves the right to be forgotten, if such a right exists at all, and to what extent it can be stated and enforced.

AbstractAs the digital generation grows up, societies' norms are being challenged by changing views of what is acceptable communication. Young people live much of their lives online: texting and 'sexting' their thoughts and images to their intimates and strangers alike. These changes have challenged the legal structures committed to protecting society's youth. This paper explores the development of the law in the United States and Germany concerning sexualized text messages or 'sexts'. It asks whether and under what conditions such communications are pornographic and represent a signal for prosecution or protection.

Recently, the Court of Justice of the European Union issued decision C-131/12, which was considered a major breakthrough in Internet data protection. The general public welcomed this decision as an actualization of the controversial "right to be forgotten", which was introduced in the initial draft for a new regulation on data protection and repeatedly amended, due to objections by various Member States and major companies involved in massive processing of personal data. This paper attempts to delve into the content of that decision and examine if it indeed involves the right to be forgotten, if such a right exists at all, and to what extent it can be stated and enforced.

Regulation of sexualized speech in the United States --Regulation of sexualized speech in Europe : transnational level --Sexualized speech regulation in Europe : national level --The prosecution and defence of sexualized material --Concluding summary:The road ahead.