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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 rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law. 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, re ...
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United States District Court For The Eastern District Of Michigan
The United States District Court for the Eastern District of Michigan (in case citations, E.D. Mich.) is the United States district court, federal district court with jurisdiction over the eastern half of the Lower Peninsula of the State of Michigan. The Court is based in Detroit, with courthouses also located in Ann Arbor, Michigan, Ann Arbor, Bay City, Michigan, Bay City, Flint, Michigan, Flint, and Port Huron, Michigan, Port Huron. The United States Court of Appeals for the Sixth Circuit has appellate jurisdiction over the court (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). , the acting United States attorney is Julie A. Beck. History The United States District Court for the District of Michigan was established on July 1, 1836, by , with a single judgeship.
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University Of Pennsylvania
The University of Pennsylvania (Penn or UPenn) is a Private university, private Ivy League research university in Philadelphia, Pennsylvania, United States. One of nine colonial colleges, it was chartered in 1755 through the efforts of founder and first president Benjamin Franklin, who had advocated for an educational institution that trained leaders in academia, commerce, and public service. The university has four undergraduate schools and 12 graduate and professional schools. Schools enrolling undergraduates include the College of Arts and Sciences, the University of Pennsylvania School of Engineering and Applied Science, School of Engineering and Applied Science, the Wharton School, and the University of Pennsylvania School of Nursing, School of Nursing. Among its graduate schools are its University of Pennsylvania Law School, law school, whose first professor, James Wilson (Founding Father), James Wilson, helped write the Constitution of the United States, U.S. Cons ...
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Water Buffalo Incident
The water buffalo incident was a controversy at the University of Pennsylvania in 1993, in which a 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. Incident 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. Others had shouted at the crowd, but Jacobowitz was the only one charged. Members of the sorority stated that they had been rehearsing for an event which involved stepping, a traditional dance among African Americans. 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 ...
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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. Usage in the United States Historical u ...
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Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ...
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Due Process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a 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 or mentally. The term is not used in contemporary ...
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Academic Freedom
Academic freedom is the right of a teacher to instruct and the right of a student to learn in an academic setting unhampered by outside interference. It may also include the right of academics to engage in social and political criticism. Academic freedom is often premised on the conviction that 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 the fear of being repressed, losing their job or being imprisoned. 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. Academic tenure protects academic freedom by ensuring ...
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Harvey Silverglate
Harvey Allen Silverglate (born May 10, 1942) is an American attorney, journalist, writer, and a co-founder of the Foundation for Individual Rights and Expression (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. Early life and education Born in New York City, Silverglate graduated in 1960 from Bogota High School in Bogota, New Jersey. 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 counsel to the Boston-based law firm Zalkind ...
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Alan Charles Kors
Alan Charles Kors (born July 18, 1943) is an American historian who is the 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. Education Kors graduated with a Bachelor of Arts, ''summa cum laude'', from Princeton University in 1964, and received a M.A. (1965) and Ph.D. (1968) in European history from 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 Silverglate a ...
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Nadine Strossen
Nadine Strossen (born August 18, 1950) is an American legal scholar and civil liberties activist who served as the president of the American Civil Liberties Union (ACLU) from 1991 to 2008. A liberal feminist, she was the first woman to 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 and education Strossen was born in Jersey City, New Jersey, on August 18, 1950. Her maternal grandfather was an immigrant to the United States from Yugoslavia and was a conscientious objector during World War I, causing him to be publicly humiliated at the courthouse in Hudson County. Strossen's father, Woodrow J. Strossen, was born in Germany, where he was labeled as a half-Jew and spoke against Nazism. He was removed from school and placed in the Buchenwald concentration camp until being liberated by American troops. Strossen's mother, a member of the National Organization for Women and su ...
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Multiculturalism
Multiculturalism is the coexistence of multiple cultures. The word is used in sociology, in political philosophy, and colloquially. In sociology and everyday usage, it is usually a synonym for ''Pluralism (political theory), ethnic'' or cultural pluralism in which various ethnic and cultural groups exist in a single society. It can describe a mixed ethnic community area where multiple cultural traditions exist or a single country. Groups associated with an Indigenous peoples, indigenous, aboriginal or wikt:autochthonous, 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 nation's communities. On a smaller scale, this can occur artificially when a jurisdiction is established or expanded by amalgamating areas with two or more di ...
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