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Speech Code
A speech code is any rule or regulation that limits, restricts, or bans speech beyond the strict legal limitations upon freedom of speech or press found in the legal definitions of harassment, slander, libel, and fighting words. Such codes are common in the workplace, in universities,Uelmen, Gerald (1992). The Price of Free Speech: Campus Hate Speech Codes. *Issues in Ethics - V. 5, N. 2, Summer 1992. Murkkula Center For Applied Ethic/ref> and in private organizations. The term may be applied to regulations that do not explicitly prohibit particular words or sentences. Speech codes are often applied for the purpose of suppressing hate speech or forms of social discourse thought to be disagreeable to the implementers. Use of the term is in many cases valuable; those opposing a particular regulation may refer to it as a speech code, while supporters will prefer to describe it as, for example and depending on the circumstances, a harassment policy. This is particularly the case in ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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Public University
A public university or public college is a university or college that is in owned by the state or receives significant public funds through a national or subnational government, as opposed to a private university. Whether a national university is considered public varies from one country (or region) to another, largely depending on the specific education landscape. Africa Egypt In Egypt, Al-Azhar University was founded in 970 AD as a madrasa; it formally became a public university in 1961 and is one of the oldest institutions of higher education in the world. In the 20th century, Egypt opened many other public universities with government-subsidized tuition fees, including Cairo University in 1908, Alexandria University in 1912, Assiut University in 1928, Ain Shams University in 1957, Helwan University in 1959, Beni-Suef University in 1963, Zagazig University in 1974, Benha University in 1976, and Suez Canal University in 1989. Kenya In Kenya, the Ministry o ...
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Water Buffalo Incident
The water buffalo incident was a controversy at the University of Pennsylvania in 1993, in which an Israeli-born Jewish student, Eden Jacobowitz, was charged with violating the university's racial harassment policy. The incident received widespread publicity as part of the increasing debate about political correctness in the United States in the 1990s. History The incident occurred on January 13, 1993, when Eden Jacobowitz shouted, "Shut up, you water buffalo! If you're looking for a party, there's a zoo a mile from here," out of his window to a crowd of mostly black Delta Sigma Theta sorority sisters making noise outside his dorm. Initially Jacobowitz had an advisor assigned to him, who urged him to accept the University's offer of a settlement. The settlement required him to admit to violating the racial harassment policy. Instead, he contested the university's decision under the advice of Penn history professor and libertarian activist Alan Charles Kors. Jacobowitz, who was ...
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Implied Covenant Of Good Faith And Fair Dealing
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement. History In U.S. law, the legal concept of ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of th ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, b ...
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Academic Freedom
Academic freedom is a moral and legal concept expressing the conviction that the freedom of inquiry by faculty members is essential to the mission of the academy as well as the principles of academia, and that scholars should have freedom to teach or communicate ideas or facts (including those that are inconvenient to external political groups or to authorities) without fear of repression, job loss, or imprisonment. While the core of academic freedom covers scholars acting in an academic capacity - as teachers or researchers expressing strictly scholarly viewpoints -, an expansive interpretation extends these occupational safeguards to scholars' speech on matters outside their professional expertise. Especially within the anglo-saxon discussion it is most commonly defined as a type of freedom of speech, while the current scientific discourse in the Americas and Continental Europe more often define it as a human right with freedom of speech just being one aspect among many within th ...
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Harvey Silverglate
Harvey Allen Silverglate (born May 10, 1942) is an attorney, journalist, writer, and co-founder of the Foundation for Individual Rights in Education (FIRE). Silverglate was a member of the board of the Massachusetts chapter of the American Civil Liberties Union and also taught at Harvard Law School, the University of Massachusetts Boston, and at the Cambridge Rindge and Latin School. He is an attorney in Cambridge, Massachusetts. He practices in academic freedom, civil liberties, criminal defense, and students' rights cases. He co-founded FIRE with Alan Charles Kors. He served as chairman of the board of directors, and remains a member of the board. Early life and education He holds degrees from Princeton University (cum laude, 1964) and Harvard Law School (1967). He is a practicing attorney, specializing in civil liberties litigation, criminal defense, academic freedom, and students' rights cases. He is Of Counsel to the Boston-based law firm Zalkind Duncan & Bernstein. ...
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Alan Charles Kors
Alan Charles Kors (born July 18, 1943) is Henry Charles Lea Professor Emeritus of History at the University of Pennsylvania, where he taught the intellectual history of the 17th and 18th centuries. He has received both the Lindback Foundation Award and the Ira Abrams Memorial Award for distinguished college teaching. Kors graduated A.B. summa cum laude at Princeton University in 1964, and received his M.A. (1965) and Ph.D. (1968) in European history at Harvard University. Career Kors has written on the history of skeptical, atheistic, and materialist thought in 17th and 18th-century France, on the Enlightenment in general, on the history of European witchcraft beliefs, and on academic freedom. He was also the Editor-in-Chief of the Encyclopedia of the Enlightenment, which was published in four volumes by Oxford University Press in 2002. Kors co-founded – with civil rights advocate Harvey Silverglatem and served from 2000 to 2006 as chairman of the board of directors of the Found ...
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Nadine Strossen
Nadine Strossen (born August 18, 1950) is an American civil liberties activist who was president of the American Civil Liberties Union (ACLU) from February 1991 to October 2008. A liberal feminist, she was the first woman to ever lead the ACLU. A professor at New York Law School, Strossen is a member of the Council on Foreign Relations and other professional organizations. Early life Strossen was born in Jersey City, New Jersey. Her maternal grandfather was an immigrant from Yugoslavia who held Marxist views. Her father was born in Germany and defined as a half-Jew by Hitler's racial laws because his mother was Jewish, although he was raised Lutheran. She has stated that the experiences of her family were her inspiration to pursue a career in civil liberties. "My father was a Holocaust survivor and my mother's father was a protester during World War I when he came to this country as an immigrant, and he was literally spat upon for not going to fight in the war", said Strossen in ...
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Multiculturalism
The term multiculturalism has a range of meanings within the contexts of sociology, political philosophy, and colloquial use. In sociology and in everyday usage, it is a synonym for " ethnic pluralism", with the two terms often used interchangeably, and for cultural pluralism in which various ethnic groups collaborate and enter into a dialogue with one another without having to sacrifice their particular identities. It can describe a mixed ethnic community area where multiple cultural traditions exist (such as New York City or London) or a single country within which they do (such as Switzerland, Belgium or Russia). Groups associated with an indigenous, aboriginal or autochthonous ethnic group and settler-descended ethnic groups are often the focus. In reference to sociology, multiculturalism is the end-state of either a natural or artificial process (for example: legally-controlled immigration) and occurs on either a large national scale or on a smaller scale within a natio ...
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