Article on Free Speech and Terrorism
posted by Gerard Magliocca
I want to draw your attention to a paper by my colleague Shawn Boyne that examines the tension between free speech values and counterterrorism efforts. Shawn is doing some terrific work on comparative criminal law issues. Here is the Abstract:
Since the 9/11 attacks in 2001, the United States and many European states have sought ways to disrupt the radicalization process that leads individuals to join the call to Islamic jihad. This strategy has included attempts to prosecute individuals who post or help to circulate calls to jihad that appear on the internet. While this speech is unpopular, it is an open question whether the speech, standing alone, incites violence. More importantly, these prosecutions may both chill speech and open the door to wider governmental efforts to regulate unpopular speech. To explore the tension between security and civil liberties triggered by such strategies, I analyze three recent criminal cases in Germany, the United Kingdom, and the United States. I examine the prosecution strategies and the legal hurdles that prosecutors faced in securing convictions. I show that, in an effort to surmount the legal problems inherent in prosecuting these cases, prosecutors have broadly branded the defendants as terrorists and evil-doers. The broader impact of these strategies, risks shaking a core element of democratic governance.
August 11, 2009 at 2:34 pm
Posted in: International & Comparative Law
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