Freedom of Expression and Hate Speech

This is a study of free speech and hate speech with reference to the international standards and to the United States jurisprudence. The study, in a comparative and critical fashion, depicts the historical evolution and the application of the concept of ‘free speech,’ within the context of ‘hate speech.’ The main question of this article is how free speech can be discerned from hate speech, and whether the latter should be restricted. To this end, it examines the regulation of free speech under the First Amendment to the United States Constitution, and in light of the international standards, particularly under the International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Civil and Political Rights, and the European Convention on Human Rights and Fundamental Freedoms. The study not only illustrates how elusive the endeavour of striking a balance between free speech and other vital interests could be, but also discusses whether and how hate speech should be eliminated within the ‘marketplace of ideas.’

The Application of the Margin of Appreciation Doctrine in Freedom of Expression and Public Morality Cases

This paper discusses whether or not Strasbourg organs have created principled criteria governing the use of the doctrine within the context of free speech and public morals. The first part of the paper gives an overview of the doctrine and further examines how the doctrine has evolved within the European context. Part II focuses on the rationale behind the doctrine and discusses the legitimacy of the doctrine in light of its application to various forms of free speech. Part III covers one of the most problematic applications of the doctrine in matters concerning public morality, where Contracting States have a wide margin of appreciation. This part will discuss whether or not the “lack of European consensus” criterion is an elusive concept that might create a risk of abuse in the application of the doctrine. The paper concludes that while margin of appreciation today serves as a flexible instrument between the local necessities and the universal application of human rights, the imprecise and contradictory points might lead to its potential abuse that might endanger its future existence.

Home Confined Consumers’ Freedom through Surrogate Activities: the Role of Personal Communities

This article explores the nature of surrogate consumption activity with three cases of non-institutionalised home confined consumers. The role played by personal communities in their daily lives is explored from the constrained rural contexts in which they consume. Despite the barriers to achieving normalcy in the marketplace, home confined consumers are able to realise freedom and agency, and express identity through engagement in surrogate consumption activity. Surrogate consumption activity also provides home confined consumers with opportunities to reinforce and challenge traditional family practices (discourses of care) through the ability for relationship culture development and social capital creation. Findings in this study show that home confined consumers, labeled as 'limited-choice' (Gabel, 2005) have the ability to display power, make choices, and find their voice despite non-interaction in the marketplace.

Religious Geographies in Ireland: Pre-Famine, Post-Famine, Pre-Partition

This paper examines changes in religious geographies for Ireland from 1834 to 1911. It shows that in a period of dramatic social and economic change religious geographies remained remarkably stable. In this it challenges the accepted historiography. It makes use of new data in new ways with the full exploitation of the 1834 Enumeration of Religion and, in so doing, is able to examine the impact of the Great Irish Famine on geographies of religion. These data are visualised both using traditional choropleth maps and, more innovatively in this subject area, cartograms.

Translational Contestation of Religious Concepts: A Case of Conversion Narratives

Drawing on a case study incorporating two opposing conversion narratives and their translations, thispaper explores the relationship between language, religion and translation. By examining linguistic,paralinguistic and paratextual framing techniques used by authors, translators and publishers, itdemonstrates that translation can be a powerful means of contesting fundamental concepts – such as “conversion”, “church” or “faith” – in the processes of safeguarding one’s own or challenging another’s religious identity, especially in the context of asymmetrical power relations.

Measuring workforce segregation: religious composition of private-sector employees at individual sites in Northern Ireland

In this paper I examine the scope of publicly available information on the religious composition of employees in private-sector companies in Northern Ireland. I highlight the unavailability of certain types of monitoring data and the impact of data aggregation at company as opposed to site level. Both oversights lead to underestimates of the extent of workplace segregation in Northern Ireland. The ability to provide more-coherent data on workplace segregation, by religion, in Northern Ireland is crucial in terms of advancing equality and other social-justice agendas. I argue that a more-accurate monitoring of religious composition of workplaces is part of an overall need to develop a spatial approach in which the importance of ethnically territorialised spaces in the reproduction of ethnosectarian disputation is understood.

Democratic Participation, Engagement, and Freedom

It is commonly supposed that democracies should encourage greater political participation and civic engagement. This article identifies two distinct perspectives on political participation and civic engagement: a ‘freedom-centred’ model and an ‘ethical’ model. The ‘freedom-centred’ model defended here draws on the republican concept of freedom as non-domination, together with the political liberal notion of fair deliberative proceduralism, while the ethical model draws on Aristotelian, perfectionist, sources. It is argued that the ‘ethical’ model is overly concerned with the ‘moral renewal’ of modern social life, and is insensitive to problems of domination posed by its account of civic reciprocity and trust. By contrast, the ‘freedom-centred’ model developed offers a systematic account of personal and political freedom, which provides qualified support for deliberative modes of participation and engagement.