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Spain and the Old Regime of Post-truth

Freedom of Speech, Ritualised Politics, and Postmemory on Social Media

Raquel Campos Valverde

The Spanish legal framework inherited from the Franco dictatorship (1939‒75) and its recent development foster political dynamics that ordain it as an old regime of post-truth, where denialism of fascist history is the official truth. Through digital ethnography I demonstrate that this kind of post-truth is further amplified through digital platforms, although there is also room for countercultural practices of antifascist truth-making in Spanish digital media. The lack of freedom of speech and the ritualisation of political discussion can hinder democratic truth-making practices, but postmemory forms of engagement with digital media also offset the impact of denialist post-truth. The conclusion questions whether the democratic liminality of the Spanish public sphere online and offline provide a breeding ground for post-truth.

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Theory Versus Practice

History Says That Practice Makes Perfect (And That Judges Are Better Too)

Scott Merriman

Theory argues that rights-based judicial review fails because it does not have popular support. However, examining actual events in battles over freedom of speech, privacy and civil rights demonstrates that this theory often fails when applied. Those arrested during the First World War in America often only received redress through administrative agencies. Civil rights protestors' experiences prove that the federal courts were the only ones generally to protect their rights, and that the legislatures failed to act. Similarly, judicial review increased the freedom of the press during the 1960s, which in turn boosted the civil rights movement. Finally, it was the courts which helped Americans to realize their right to privacy. Included in that right to privacy was the right for people to marry regardless of their race. Overall, courts and administrative agencies, particularly at the federal level, do a better job at protecting rights than legislatures.

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“Clear and Present Danger”

The Legacy of the 1917 Espionage Act in the United States

Petra DeWitt

that although these laws set important precedents for the eventual passage of the Espionage Act, “Congress rarely attempted to place limits upon the freedoms of speech and press.” 6 During World War I, however, the federal government expanded its

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The End of Arrogance, the Advent of Persuasion

Public Art in a Multicultural Society

Henri Beunders

In Western societies, the boundaries of the freedom of expression had traditionally been expanding, while the boundaries of religion and 'good morals' had been receding. Since the last decade however, this expansion has slowed down, come to a halt, and ultimately reversed. In Europe, anxiety over the expression of protest through violent means has steadily caused governments to abandon the traditional, seemingly limitless adherence to freedom of expression. Political fear over controversy has come to dominate the climate of commissioning public art. In a polarized world, the debate on what is tolerable has taken on an acute urgency. The art world itself no longer has an answer. After a half-century of autonomy, it has succeeded in demolishing its own authority by ridiculing every aspect of external criticism. The only solution now will be a new form of dialogue with all stakeholders involved.

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From Illiberal Legislation to Intolerant Democracy

Mordechai Kremnitzer and Shiri Krebs

Democracy is not just about free and fair elections. It requires at least some minimal substantial guarantees, such as freedom of speech and freedom of assembly, that formulate and enable free choice of autonomous and equal agents. These notions are well founded in Israeli constitutional law, but in recent years it seems that this basic understanding of the democratic process is weakening, especially as reflected in the actions of the Knesset. Several recent examples of Knesset legislation processes suggest that Israeli democratic culture is being eroded, as some of democracy’s fundamental notions are abandoned in favor of national-chauvinism and intolerance.

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La modernité, invention médiatique

Alain Vaillant

Abstract

During the nineteenth century, not only did the extraordinary development of the printed press transform the cultural environment, but it also brought about major formal changes in literature. This article explores these trasnformations through a focus on the contemporary use of the concept of “modernity.” The word dates back to 1688 at least, but it was mostly employed during the nineteenth century to describe post-revolutionary France and especially to criticize its consumerism and materialistic “bourgeoisie.” Nineteenth-century media culture embodied the triumph of “modernity,” especially in the form of the petite presse (“small press”). Born in a world where censorship still compromised the freedom of speech, the petite presse was an illustrated, satirical, ironical, and wisecracking medium. It aspired to a generalized non-seriousness which would, for a long time, be viewed as the “Parisian spirit.”

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The Politics of Publishing During The Second Empire

The Trial of Madame Bovary Revisited

Christine Haynes

The limited objections raised by members of the book trade to the press law at the time of the trial of Madame Bovary serve to highlight some fundamental characteristics and contradictions of liberalism in mid-nineteenth-century France. In general, liberalism in this time and place emphasized commercial freedom and property rights, at the expense of freedom of speech. In contrast to Anglo-American liberals, French liberals readily sacrificed this last freedom in the interest of "order," which was deemed necessary to promote the growth of commerce. As some of the most recent scholarship on the political culture of the Second Empire (and early- to mid-nineteenth-century France more generally) has shown, property, alongside education, was the main priority for liberals. It was only because property and education seemed to require it that freedom of the press eventually became important to French liberals and republicans. Intellectual freedom entered the political culture, for authors and publishers as well as statesmen, only through the back door of economic liberalism.

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Criticizing Israel Is Not Antisemitism

Geoffrey Bindman

Rights Act 1998 2 enacts the identical provision in the European Human Rights Convention which embodies the same principle, though with necessary qualifications. Section 10(2) of the Act allows the right to freedom of speech to be subject to restrictions

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Editors’ Note

general freedom of speech and academic freedom, both of which must continue to be liberally interpreted. Speaking of which, we believe that we have liberally interpreted our own mandate to present you with a wide variety of articles in the current issue

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Israel’s Recent Unionizing Drives

The Broader Social Context

Jonathan Preminger

noting that the main issue was a clash between the right (of workers) to organize and the freedom of speech and property rights (of the employer), the judges dedicated some 30 paragraphs to debating the balance between these rights (Collective Dispute