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Seditious Speech In The United States
Sedition and seditious libel were criminal offences under English common law, and are still criminal offences in Canada. Sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order: if the statement is in writing or some other permanent form it is seditious libel. Libel denotes a printed form of communication such as writing or drawing. American scholar Leonard W. Levy argues that seditious libel "has always been an accordion-like concept, expandable or contractible at the whim of judges". England, Wales and Northern Ireland Under the common law of England, Wales and Northern Ireland, a statement was seditious under the common law if it brought into "hatred or contempt" either the Queen or her heirs, the government and constitution, either House of Parliament, or the administration of justice; or if it incited people to attempt to change any matter of Church or state established by la ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Franklin D
Franklin may refer to: People * Franklin (given name) * Franklin (surname) * Franklin (class), a member of a historical English social class Places Australia * Franklin, Tasmania, a township * Division of Franklin, federal electoral division in Tasmania * Division of Franklin (state), state electoral division in Tasmania * Franklin, Australian Capital Territory, a suburb in the Canberra district of Gungahlin * Franklin River, river of Tasmania * Franklin Sound, waterway of Tasmania Canada * District of Franklin, a former district of the Northwest Territories * Franklin, Quebec, a municipality in the Montérégie region * Rural Municipality of Franklin, Manitoba * Franklin, Manitoba, an unincorporated community in the Rural Municipality of Rosedale, Manitoba * Franklin Glacier Complex, a volcano in southwestern British Columbia * Franklin Range, a mountain range on Vancouver Island, British Columbia * Franklin River (Vancouver Island), British Columbia * Franklin Strai ...
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Peterloo Massacre
The Peterloo Massacre took place at St Peter's Field, Manchester, Lancashire, England, on Monday 16 August 1819. Fifteen people died when cavalry charged into a crowd of around 60,000 people who had gathered to demand the reform of parliamentary representation. After the end of the Napoleonic Wars in 1815 there was an acute economic slump, accompanied by chronic unemployment and harvest failure due to the Year Without a Summer, and worsened by the Corn Laws, which kept the price of bread high. At that time only around 11 percent of adult males had the vote, very few of them in the industrial north of England, which was worst hit. Reformers identified parliamentary reform as the solution and a mass campaign to petition parliament for manhood suffrage gained three-quarters of a million signatures in 1817 but was flatly rejected by the House of Commons. When a second slump occurred in early 1819, radical reformers sought to mobilise huge crowds to force the government to back d ...
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Libel Trial Of Joseph Howe
The Libel trial of Joseph Howe was a court case heard 2 March 1835 in which newspaper editor Joseph Howe was charged with seditious libel by civic politicians in Nova Scotia. Howe's victory in court was considered monumental at the time. In the first issue of the ''Novascotian'' following the acquittal, Howe claimed that "the press of Nova-Scotia is Free."Beck (1974), 39. Scholars, such as John Ralston Saul, have argued that Howe's libel victory established the fundamental basis for the freedom of the press in Canada. Historian Barry Cahill writes that the trial was significant in colonial legal history because it was a long delayed replay of the Zenger case (1734). Background During the year 1834, Howe was starting to attract attention to himself due to his strong independent viewpoints in his editorials in the ''Novascotian'', the Government was starting to take notice. Howe had eventually reached his breaking point and in late 1834 wrote in the ''Novascotian'' that he was ...
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Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native English-speakers, and the province's population is 969,383 according to the 2021 Census. It is the most populous of Canada's Atlantic provinces. It is the country's second-most densely populated province and second-smallest province by area, both after Prince Edward Island. Its area of includes Cape Breton Island and 3,800 other coastal islands. The Nova Scotia peninsula is connected to the rest of North America by the Isthmus of Chignecto, on which the province's land border with New Brunswick is located. The province borders the Bay of Fundy and Gulf of Maine to the west and the Atlantic Ocean to the south and east, and is separated from Prince Edward Island and the island of Newfoundland by the Northumberland and Cabot straits, ...
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John Peter Zenger
John Peter Zenger (October 26, 1697 – July 28, 1746) was a German printer and journalist in New York City. Zenger printed '' The New York Weekly Journal''. He was accused of libel in 1734 by William Cosby, the royal governor of New York, but the jury acquitted Zenger, who became a symbol for freedom of the press. In 1733, Zenger began printing '' The New York Weekly Journal'', which voiced opinions critical of the colonial governor, William Cosby. On November 17, 1734, on Cosby's orders, the sheriff arrested Zenger. After a grand jury refused to indict him, the Attorney General Richard Bradley charged him with libel in August 1735. Zenger's lawyers, Andrew Hamilton and William Smith, Sr., successfully argued that truth is a defense against charges of libel. Early life Peter Zenger was born in 1697 in the German Palatinate. Most of the details of his early life are obscure. He was a son of Nicolaus Eberhard Zenger and his wife Johanna. His father was a school teacher in Imp ...
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Alien And Sedition Acts Of 1798
The Alien and Sedition Acts were a set of four laws enacted in 1798 that applied restrictions to immigration and speech in the United States. The Naturalization Act increased the requirements to seek citizenship, the Alien Friends Act allowed the president to imprison and deport non-citizens, the Alien Enemies Act gave the president additional powers to detain non-citizens during times of war, and the Sedition Act criminalized false and malicious statements about the federal government. The Alien Friends Act and the Sedition Act expired after a set number of years, and the Naturalization Act was repealed in 1802. The Alien Enemies Act is still in effect. The Alien and Sedition Acts were controversial. They were supported by the Federalist Party, and supporters argued that the bills strengthened national security during the Quasi-War, an undeclared naval war with France from 1798 to 1800. The acts were denounced by Democratic-Republicans as suppression of voters and violation of ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Alien (law)
In law, an alien is any person (including an organization) who is not a citizenship, citizen or a nationality, national of a specific country, although definitions and terminology differ to some degree depending upon the continent or region. More generally, however, the term "alien" is perceived as synonymous with foreign national. (explaining that "the term 'foreign national' means.... (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not green card, lawfully admitted for permanent residence, as defined by section 1101(a)(20) of title 8."). Lexicology The term "alien" is derived from the Latin ''alienus'', which in turn is derived from the Oscan ''mancupatis'', (a proto-Etruscan tribe), meaning a slave. The Latin later came to mean a stranger, a foreigner, or someone not related by blood. Similar terms to "alien" in this context include ''foreigner'' and ''lander''. Categor ...
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Coroners And Justice Act 2009
The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales. Among its provisions are: *preventing criminals from profiting from publications about their crimes *abolishing the anachronistic offences of sedition and seditious, defamatory and obscene libel *re-enacting the provisions of the emergency Criminal Evidence (Witness Anonymity) Act 2008 so that the courts may continue to grant anonymity to vulnerable or intimidated witnesses where this is consistent with a defendant's right to a fair trial *criminalising possession of pornographic non-photographic images depicting under-18s, and of adults where the "predominant impression conveyed" is of a person under the age of 18. *criminalising the holding of someone in slavery or servitude, or requiring them to perform forced or compulsory labour *provision for the abolition of the office of Coroner of the Queen's Household ...
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Racial And Religious Hatred Act 2006
The Racial and Religious Hatred Act 2006 (c. 1) is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion. The Act was the Labour Government's third attempt to bring in this offence: provisions were originally included as part of the Anti-Terrorism, Crime and Security Bill in 2001, but were dropped after objections from the House of Lords. The measure was again brought forward as part of the Serious Organised Crime and Police Bill in 2004-5, but was again dropped in order to get the body of that Bill passed before the 2005 general election. The Act is notable because two amendments made in the House of Lords failed to be overturned by the Government in the House of Commons. Most of the Act came into force on 1 October 2007. Previous attempts at legislation After the terrorist attacks of 11 September 2001, the Government in Britain brought forward the Anti-Terrorism, Crim ...
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Blasphemous Libel
Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It consists of the publication of material which exposes the Christian religion to scurrility, vilification, ridicule, and contempt, with material that must have the tendency to shock and outrage the feelings of Christians. It is a form of criminal libel. Historically, the common law offences of blasphemy and blasphemous libel were adopted from the common law of England as common law offences in British colonies and territories. From the late 19th century, several colonies and countries replaced the common law offences with adopted versions of the draft code called "the Stephen Code" written by Sir James Fitzjames Stephen as part of a Royal Commission in England in 1879. The Stephen Code included the offence of blasphemous libel but omitted blasphemy. The ...
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