Rethinking Press Rights of Equal Access
In: Washington and Lee Law Review, Band 66, Heft 3
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In: Washington and Lee Law Review, Band 66, Heft 3
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In: Washington and Lee Law Review, Band 65, Heft 1103
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First, Professor Baker explores an instrumentalist argument for special press rights going beyond those protected by a liberty theory of freedom of speech. Then, in Part II, he examines the threats of -government power and private economic power to freedom of the "press" and considers the permissible extent of government intervention to structure the press or to protect it from private threats.
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In: America's freedoms
This volume examines the evolution of press freedom in America. A historical overview of philosophical and English origins precedes an exploration into the judicial, regulatory, social, political and economic developments that have shaped press freedoms
The ouster of authoritarian President Kurmanbek Bakiev in April 2010 was heralded as opening the door to a new era of human, press, and political rights protections in Kyrgyzstan. However, the interim administration of President Roza Otunbaeva and the accession of her democratically elected successor, President Almazbek Atambaev, on 1 December, 2011, failed to produce the anticipated, significant commitment to restore and safeguard press rights. Drawing on interviews with journalists and mass media experts in Bishkek and Osh, this article examines the press rights situation and restraints in the first year of the Atambaev administration. It concludes that achievement of a strong press rights record will be neither easy nor swift in light of Kyrgyzstan's Soviet-era and post-independence history, economic constraints, and political fragility.
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Working paper
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Working paper
In: Central Asia and the Caucasus: journal of social and political studies, Band 14, Heft 1, S. 144-156
ISSN: 1404-6091
World Affairs Online
In: University of Pennsylvania Journal of Constitutional Law, Forthcoming
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In: Journal of social philosophy, Band 28, Heft 2, S. 68-78
ISSN: 1467-9833
Even the most ardent defenders of a legal right to freedom of the press are likely to regard this right as having limitations; but how precisely the right should be limited is a matter of considerable disagreement. This issue is at least partly moral in character: it concerns the moral acceptability of laws which regulate or protect the activities of members of the press. I propose here to address this moral issue, and to do so within the broader framework of considering whether establishing a legal right to freedom of the press—regardless of how it might be limited—is justifiable on moral grounds. In pursuing this investigation, I will devote special attention to familiar claims about the relation between press rights on the one hand, and "the people's right to know" on the other.
In: Patterns of prejudice: a publication of the Institute for Jewish Policy Research and the American Jewish Committee, Band 1, Heft 1, S. 11-12
ISSN: 1461-7331
In: Social transformations in chinese societies, Band 18, Heft 2, S. 122-136
ISSN: 2515-8481
Purpose
Against the background of the 2019 anti-extradition bill protests, this paper aims to examine the legal-political negotiations over equal press rights in Hong Kong, focusing specifically on "the rights to newsgathering" – the rights of all journalistic actors to get access to certain places and events to collect first-hand news information, such as on the streets, during protests and in government events.
Design/methodology/approach
This paper adopts a comparative approach to the question of equal press rights by comparing Hong Kong's situations with those of Taiwan and Malaysia. Drawing upon secondary sources such as existing studies and news archives, this paper attempts to delineate the legal-political negotiations over equal press rights in the three places in the past two decades.
Findings
This paper finds that in Hong Kong, there are signs of increasing suppression of press rights amidst the city's authoritarian backlash in recent years. While the Hong Kong Government was willing to broaden the rights of online independent media a few years back, it has started to tighten its control over them after the 2019 anti-extradition bill protests. Without a constitutional guarantee of equal press rights, it remains to be seen how the online independent media would fare in the future, especially after the introduction of the national security law.
Originality/value
While Hong Kong is home to a variety of non-mainstream media, the issue of their press status has remained largely unrecognized by the public. This paper pays attention to this understudied yet important issue.
World Affairs Online