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Special Edition - A conversation with Professor David Kaye, UN Special Rapporteur

Clear and Present Danger - A history of free speech

Release Date: 10/28/2019

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Clear and Present Danger - A history of free speech

This episode will focus on what role the dynamic between censorship and free speech has played in maintaining and challenging racist and oppressive societies. The episode will use American slavery and segregation, British colonialism, and South African apartheid as case studies.  

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Clear and Present Danger - A history of free speech

In this Special Edition, we will zoom in on current challenges to free speech – specifically in the US. With me to discuss this timely subject, I have  CEO of PEN America, Suzanne Nossel, who has just published her new book Dare to Speak: Defending Free Speech for All.

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Clear and Present Danger - A history of free speech

“Internet Speech Will Never Go Back to Normal” read a recent Atlantic article, that stated that “governments must play a large role in these practices to ensure that the internet is compatible with a society’s norms and values.” 

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Clear and Present Danger - A history of free speech

Since the coronavirus became a pandemic, governments around the world have adopted a wide range of measures affecting basic human rights. This includes many of the 47 member states of the Council of Europe all of whom are legally bound by the European Convention on Human Rights.

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Clear and Present Danger - A history of free speech

The Coronavirus has disrupted life as we know it. And the Internet overflows with torrents of data, news and updates about the ongoing crisis. But in parallel with the corona pandemic, WHO has warned of an “infodemic” of mis- and disinformation spreading through social media and messaging apps.

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Clear and Present Danger - A history of free speech

In this episode we will explore:

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Episode 39 - The Totalitarian Temptation – Part II - Der Untergang show art Episode 39 - The Totalitarian Temptation – Part II - Der Untergang

Clear and Present Danger - A history of free speech

Weimar Germany was deeply conflicted about the value of free speech. On the one hand, freedom of expression was constitutionally protected. On the other hand, the constitution allowed censorship of cinema and “trash and filth” in literature.

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Episode 38 - The Totalitarian Temptation – Part I show art Episode 38 - The Totalitarian Temptation – Part I

Clear and Present Danger - A history of free speech

In this first of a two-part episode on totalitarianism in Communist Russia, Fascist Italy, and Nazi Germany, we will focus on the rise of communism and Italian fascism and the effects of these ideologies on free expression. Hopefully this journey into the darkest of pasts will help shed light on how to grapple with one of democracy’s eternal and inevitable dilemmas: What should be the limits of free speech?  

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Episode 37 - Expert opinion: The History of Mass Surveillance, with Andreas Marklund show art Episode 37 - Expert opinion: The History of Mass Surveillance, with Andreas Marklund

Clear and Present Danger - A history of free speech

In this episode, we discuss the history of mass surveillance and its consequences for freedom of expression and information. With me is Andreas Marklund who is the head of research at the ENIGMA Museum of Communication, in Copenhagen.

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Episode 36 - Expert opinion: Thomas Healy on how Oliver Wendell Holmes changed the history of free speech in America show art Episode 36 - Expert opinion: Thomas Healy on how Oliver Wendell Holmes changed the history of free speech in America

Clear and Present Danger - A history of free speech

In this conversation, professor Thomas Healy explains how Wendell Holmes changed his mind on free speech and laid the foundation for the current strong legal protection of the First Amendment. Thomas Healy is a professor of law at Seton Hall University School of Law and the author of the award-winning book “The Great Dissent: How Oliver Wendell Holmes Changed His Mind--And Changed the History of Free Speech in America”. 

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In this special edition of Clear And Present Danger we leave the past and jump into the present for a discussion on how international human rights standards are relevant to the burning question of where to draw the limits of free speech online". With me to discuss this issue is Professor David Kaye, who is the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, as well as a professor of law at the University of California, Irvine. Professor Kaye is also the author of the recent book “Speech Police”. On Oct. 21, David Kaye presented a report to the UN General Assembly that attempts to provide guidance to both states and tech companies on how to safeguard online free expression while minimizing harms. 

The conversation delves into questions such as:

  • What is the state of free speech today;
  • Why a historical perspective is crucial to understanding current challenges to free expression;
  • How to reconcile the “schizophrenic” standards on free expression and hate speech under human rights law;
  • How the UN human rights system has developed standards that are more speech protective than the European human rights system;
  • Why the so-called digital era has resulted in more rather than fewer restrictions on free speech globally;
  • Whether tech companies should base their community standards on human rights principles;
  • Whether attempts by European democracies like Germany and France to limit online hate speech creates a risk of “moderation without representation” for users of social media platforms in the US and elsewhere;
  • How to assess Mark Zuckerberg´s recent speech on free expression at Georgetown University;