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Category: General

‘The Adventures of Huckleberry Finn’ – Removing the N Word from Huck Finn: Top 10 Censored Books – TIME

7 January, 2011
| No Comments
| Censorship, General

The Adventures of Huckleberry Finn

By Mark Twain

In 1885, the Concord Public Library in Massachusetts banned the year-old book for its “coarse language” — critics deemed Mark Twain’s use of common vernacular (slang) as demeaning and damaging. A reviewer dubbed it “the veriest trash … more suited to the slums than to intelligent, respectable people.” Little Women author Louisa May Alcott lashed out publicly at Twain, saying, “If Mr. Clemens [Twain’s original name] cannot think of something better to tell our pure-minded lads and lasses he had best stop writing for them.” (That the N word appears more than 200 times throughout the book did not initially cause much controversy.) In 1905, the Brooklyn Public Library in New York followed Concord’s lead, banishing the book from the building’s juvenile section with this explanation: “Huck not only itched but scratched, and that he said sweat when he should have said perspiration.” Twain enthusiastically fired back, and once said of his detractors: “Censorship is telling a man he can’t have a steak just because a baby can’t chew it.” Luckily for him, the book’s fans would eventually outnumber its critics. “It’s the best book we’ve had,” Ernest Hemingway proclaimed. “All American writing comes from that.

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Robert A. Kahn on “Tragedy, Farce or Legal Mobilization? The Danish Cartoons in Court in France and Canada” « The Trial Warrior Blog

7 January, 2011
| No Comments
| Censorship, General

Robert A. Kahn on “Tragedy, Farce or Legal Mobilization? The Danish Cartoons in Court in France and Canada”

By Antonin I. Pribetic

Robert A. Kahn  (University of St. Thomas School of Law (Minnesota)) has posted “Tragedy, Farce or Legal Mobilization? The Danish Cartoons in Court in France and Canada” on SSRN. Here’s the abstract:

Why would anyone prosecute the Danish Cartoons? Even as North Americans and Europeans debated whether the cartoons should have been commissioned by the Jyllands Posten or republished elsewhere, most agreed that prosecutions were totally out of line in a liberal Western state. And, yet, there were prosecutions in both France and Canada. While each prosecution ultimately failed from a legal perspective, both cases also operated on the level of symbolic politics. Here the results were mixed. While the Muslim groups that sued Charlie Hebdo won a partial victory when a French court conceded that the turban cartoon was, standing alone, offensive to Muslims, the Canadian Human Rights prosecution against Ezra Levant ended with the entire system of human rights proceedings on trial. This paper tells the story of these two cases.

via thetrialwarrior.com

 

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Harvard University Press Blog : Addressing the Internet’s Dark Side

7 January, 2011
| No Comments
| Censorship, General, Privacy

A central paradox of the Internet as we know it is that there’s no privacy unless you’re there to invade someone else’s. Indeed, while living our lives online has effectively signaled the end of privacy for people as subjects, it provides a veil of anonymity for anyone who wants to use it. The Internet lets people bully, badmouth, berate, and spread misinformation without having to show their faces or sign their names. The resulting effects of the Internet on speech, privacy, and reputation are the subjects of The Offensive Internet, a new collection of essays edited by Saul Levmore, William B. Graham Professor of Law at the University of Chicago Law School, and Martha C. Nussbaum, Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago.

From the book’s introduction, written by Levmore and Nussbaum:

“The speed with which reputations can be made and altered is just one way in which the Internet has changed everything. It surely is the case that most of the changes are for the better but, sadly, the Internet is a curse when one is the subject of negative information, whether self-presented, and then indelible, or communicated by others. And yet the Internet has changed nothing, which is to say it has returned us to the world of the village.”

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News: ‘Academic Freedom in the Post-9/11 Era’ – Inside Higher Ed

7 January, 2011
| No Comments
| Academic Freedom, General

It’s not just civil libertarians who worry that 9/11 has been used to justify insidious state overreach; academics have a mounting set of concerns, too. A new essay collection, Academic Freedom in the Post 9/11 Era (Macmillan), whose contributors include Cornel West, Noam Chomsky and Henry Giroux, makes the case that universities are in trouble. Its editors are Edward J. Carvalho and David B. Downing.

The book presents academe as bullied by corporate interests, saddled by the need to curb its rhetoric to match national political agendas, and pressured by the military. Its message so piqued Stanley Fish that he used its authors as characters in a short Kantian morality play on his New York Times blog, pitting them against conservative academic David Horowitz and provoking a few hundred comments.

via insidehighered.com
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Setting tone from the Top | The DOBlog

7 January, 2011
| No Comments
| data retention, General, Privacy

“Privacy by Design” is becoming the mantra of Data Protection enforcement world wide. Simply cutting and pasting a solution from another jurisdiction into an Irish or EU context invites breaches of legislation and failures of the required governance and controls. This is not just a technology issue.

Given that politicians are asking us to trust them, they should ensure that they take the necessary steps to earn that trust. Just like any other organisation embracing new technologies, they must ensure that the necessary due diligence and governance structures are in place to ensure that they are acting in compliance with long established legislation. If they are promoting a “tough on regulation” policy platform, then they must lead with a clear “tone from the top” of Compliance and good Governance.

via obriend.info
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Law & Humanities Blog: Semiotics, Law, and Copyright

6 January, 2011
| No Comments
| Copyright, Fair use, General

Semiotics, Law, and Copyright


Posted by
Christine Corcos
H. Brian Holland, Texas Wesleyan School of Law, is publishing Social Semiotics in the Fair Use Analysis in a forthcoming issue of the Harvard Journal of Law and Technology. Here is the abstract.

This article presents an argument for an expansion of fair use, based not on theories of authorship or rights of autonomy but rather on a theory of the audience linked to social practice. The article asks, in essence, whether audiences determine the meaning, purpose, function, or social benefit of an allegedly infringing work, often regardless of what the work’s creator did or intended. If so, does this matter for the purpose of a fair use analysis based on a claim of transformativeness?

via lawlit.blogspot.com
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Koncision » Indemnification: A Misunderstood Concept

6 January, 2011
| No Comments
| Contract, General

Indemnification: A Misunderstood Concept

Posted on January 6, 2011 by Kenneth A. Adams

In this recent blog post I explained why I’m not a fan of imposing on a contract party an obligation that it doesn’t have control over. Rather than engage in that sort of indirect and counterintuitive risk allocation, I’d rather make my risk allocation explicit. One way to do that is by providing for indemnification.

via koncision.com
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Contradictions in Defamation Cases « Strasbourg Observers

6 January, 2011
| No Comments
| General

Contradictions in Defamation Cases

January 6, 2011

 

by Stijn Smet

Before its holiday break, the European Court of Human Rights released two judgments in defamation cases, Novaya Gazeta V Voronezhe v. Russia and Sofranschi v. Moldova. Both cases concern allegations of abuse and irregularities. While both judgments contain good elements, in my opinion they also reveal faulty reasoning on the part of the Court. Most interestingly, the judgments contradict each other on some crucial points. Thus one judgment provides alternatives to the shortcomings of the other.

via strasbourgobservers.com

 

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Welcome

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Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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