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When Freedoms Collide: Balancing Individual Rights & the Common Justice Stephens recognized the tension of deciding such disputes in.
Table of contents
- Roseanne's implosion: when art, freedom of speech and social media collide - Faculty of Law
- Roseanne's implosion: when art, freedom of speech and social media collide
- A 'Muslims in the West' reaction essay
Roseanne's implosion: when art, freedom of speech and social media collide - Faculty of Law
The three Google executives were sentenced to six months in prison for failing to block a video showing an autistic boy being bullied by other students. The video was on line for two months in , and was promptly removed after Google received a formal complaint. The prison sentences were suspended. And given the borderless quality of the Internet, that balance has the potential to affect nations that prefer to tilt toward the values protected by the First Amendment. In Europe, privacy comes first. Americans like privacy, too, but they think about it in a different way, as an aspect of liberty and a protection against government overreaching, particularly into the home.
Continental privacy protections, by contrast, focus on protecting people from having their lives exposed to public view, especially in the mass media. American experience has been entirely different, said Lee Levine, a Washington lawyer who has taught media law in America and France. It was not until that Samuel Warren and Louis D. Influential though it was, it came awfully late in the life of the republic. The word privacy does not appear in the Constitution, and, outside the context of government searches, the document has almost nothing to say about the concept.
This was perhaps best demonstrated by how hard the Supreme Court had to work in Griswold v. Connecticut, the ruling that established a right to marital privacy. That right, Justice William O. In , the European Court of Human Rights relied on it to rule that Princess Caroline of Monaco could block German magazines from publishing pictures of her — quite tame pictures — that had been taken in public. Zupancic of Slovenia wrote in a concurrence.
The differing conceptions can have profound consequences. Sarah Joseph , Monash University. Another one bites the dust. In posting a racist tweet that resulted in the US network ABC summarily cancelling her show , Roseanne Barr joins a long line of people who have blown up their career with a social media post. Human rights, including the right of free speech under both international law and US constitutional law, generally apply with regard to government sanctions.
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Read more: Commercial TV's rare leadership on Roseanne is a breath of fresh air. Having said that, governments have obligations under international law to protect people from infringements of their rights by other people. Given the history of such language in the US and in Australia , that tweet classifies as hate speech.
Roseanne's implosion: when art, freedom of speech and social media collide
ABC clearly has the latitude under human rights principles to respond by taking Barr off of its platform. Despite familiar moans about political correctness, hefty consequences for acts of speech are mounting across the political spectrum. I suspect many of his supporters are outraged by the cancellation of Roseanne, especially given the scarcity of Trump-supporting characters on network television. The outrage over those knees, stoked by Trump on Twitter, has led the NFL to introduce fines for such protests in the future. Read more: Free speech is at risk in Australia — and it's not from Section 18C.
A 'Muslims in the West' reaction essay
With social media, grievances are recorded and shared, which can spur many, even hundreds and thousands, to pile on to that criticism. There is now a record of what one has said, the reactions to it, and then reactions to the reactions. ABC is a corporation with a brand to protect. Those values are shaped, increasingly, by a perceived need to respond to social media in a way that did not happen with the old water cooler. To be fair to ABC, part of its adherence to, or at least proclamation of, such values will be directed at preserving the morale of its own employees rather than simply to preserving profit.
Furthermore, the rebooted Roseanne was enormously popular, so it is difficult to assert that its brand protection in this instance will save it rather than lose it money. And that presumption will lead inevitably to the exercise of greater control, generally, of employers over the actions and words of their employees, inside and outside work. However, this may be another inevitable consequence of social media.
The public nature of the latter type of speech, essentially the now-visible and potentially global water cooler, demonstrates that a person cannot necessarily avoid this blurring of public and private by staying off social media themselves. This is not only a problem for public figures like Barr. Unknowns, like one Justine Sacco whose offending tweet was sent to followers, have also lost their careers.
The above concerns regarding public consequences for private behaviour seem less applicable in her case. Barr is most famous for creating a groundbreaking s comedy called Roseanne, which centres on the blue-collar Conner family. The rebooted version was very successful and largely but not totally well received. Whether one likes her comedy or not, it is fair to call her an artist. Roseanne was not cancelled due to anything said by Roseanne Conner, but by something said by her creator, Roseanne Barr.
Art is being removed due to disapproval of the artist. Even reruns of the old Roseanne have been cancelled alongside the reboot. There are other examples of art being removed due to disgust at the artist. The following examples move beyond disapproval of speech into disapproval of the alleged awful actions of artists. Kevin Spacey has been deleted from a movie.