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Google圖書搜尋
Human Rights: Group Defamation, Freedom of Expression and the Law of Nations
Thomas David Jones
出版
BRILL
, 2021-09-27
主題
Law / International
Political Science / Human Rights
Political Science / Political Ideologies / Democracy
ISBN
9004481672
9789004481671
URL
http://books.google.com.hk/books?id=hbFFEAAAQBAJ&hl=&source=gbs_api
EBook
SAMPLE
註釋
In his book
Human Rights: Group Defamation, Freedom of Expression and the Law of Nations
, Thomas David Jones presents a discussion and analysis of the laws governing group defamation and speech inciteful of racial hatred in Great Britain, Canada, India, Nigeria, and the United States. Although there exists no federal group defamation law in the United States, a few state legislatures have promulgated group defamation statutes, while a cause of action for group defamation has been recognized as justiciable in the decision law of other states. Mr Jones describes his theory as constitutional minimalism because he does not advocate the legal proscription of all derogatory hate speech. Only the sub-category of hate speech that fulfills the standard elements of proof found in common law defamation claim will be prosecuted criminally by the federal government. The author further asserts that a carefully and narrowly drafted federal criminal group defamation statute will pass constitutional muster without creating a conflict with First Amendment rights.