Stigma, State Expressions and the Law: Implications of Freedom of Speech

Cover
Half Title
Title Page
Copyright Page
Dedication
Table of Contents
Introduction
	1 A picture says more than a thousand words, but a presidential tweet says much more still
	2 Key issues that will be raised in this book
	3 Some comments on the scope of this book
	Bibliography
1. What are state expressions and how can they be stigmatizing?
	1 Introduction
	Part 1: Expression as a function of the state – comparison to other
functions
	1 Public statements as a mode of operation for states – the art of
governance
	2 Nodality as the least intrusive type of state tool
	3 Nodality instruments – state activities that can bring about
stigmatization
	4 Nodality – an instrument that ‘does not constrain individuals’ – a
position that does not take into account the serious psychological
effects of stigmatization?
	5 Control of nodal governance – a weak spot in terms of individual
protection?
	6 State expressions – a constraint free way of using authority?
	7 State expressions are becoming more important with the growth of
the ‘information society’
	Part 2: Illustrative example of state expressions
	1 Statements made to further important aims of the state (‘functional stigmatization’)
	2 Security issues – stigmatization in the age of the ‘war on terror’
	3 Statements made concerning behaviour considered anti-social or dangerous, e.g. drink driving (‘fair criticism’)
	4 Statements made for political purposes
	3 Conclusion
	Bibliography
2. Defining stigma and its potential harm
	1 Introduction
	2 Stigmatization – an age old concept that came of age in the
twentieth century
	3 The study of stigmatization post-Goffman
	4 Stigma as an intra and inter-personal experience
	5 Stigmatization from a sociological perspective
	6 Differentiating stigmatization from similar concepts
	7 The main negative consequences that can be produced from stigmatization
	7 Conclusion
	Bibliography
3. Developing a normative approach towards the use of stigmatizing state expressions
	1 Introduction
	2 Stigmatization as a force capable of harming individual self-respect
	3 Rawls – self-respect as the primary social good
	4 Sen, Nussbaum and self-respect in terms of capability
	5 The relationship between self-respect and self-esteem (harmed by stigma)
	6 The duties of a society to foster self-respect - the concept of
Rawlsian neutrality and the difficulties of distribution of self-respect
	7 Harming self-esteem with stigmatizing expressions – the relevance
for self-respect
	8 A positive or negative duty towards self-esteem?
	9 The importance of Rawls’ lexical priority
	10 ‘Functional stigmatization’
	11 Harming self-esteem with public statements based on inaccurate information
	12 Harming the self-esteem of groups considered to be undertaking unacceptable activities (i.e. fair criticism)
	13 Statements or expressions made for political reasons
	14 Conclusion
	Bibliography
4. Stigmatizing state expression as hate speech
	1 Introduction
	2 Criminal law is only suitable for preventing extreme expressions
	3 The libertarian approach as exemplified by the American First Amendment
	4 The pragmatic approach
	5 The dignity centred approach’ as exemplified by Germany
	7 Using the criminal law against the state
	8 The immunity of political figures linked to the state
	9 Conclusion
	Bibliography
5. The importance of the lack of binding effects produced by SSEs
	1 Introduction
	Part 1: Anti-discrimination law and SSEs
	2 Discrimination and stigmatization are common bed fellows
	3 The ECHR and its anti-discrimination directives
	4 The EU and its anti-discrimination initiatives
	5 A third anti-discrimination approach described by the CJEU
in Feryn?
	Part II: Administrative law
	6 The concept and need of administrative law
	7 Most systems of administrative law are unlikely to recognize expressive acts as administrative acts
	Conclusion
	Bibliography
6. Stigmatizing state expressions – a threat to privacy?
	1 Introduction
	2 Varying concepts of privacy and their relationship with SSEs
	3 Information privacy approaches and SSE
	4 The ECHR and informational privacy attacks against individuals
	5 Legal approaches related to wide concepts of privacy – attacks
on groups
	Conclusion
	Bibliography
7. Carte blanche to stigmatize or a pragmatic reality in a liberal democracy?
	1 Introduction
	2 The expressive freedom of the state can exist in a de jure or de facto
sense
	3 An impossible balance – the benefits and harms of constraining state
expression
	4 Alternative forms of control to binding law
	5 Control over spending on expressive activities
	6 Ethical codes, codes of professional conduct and the democratic process
	Conclusion
	Bibliography
Author’s note
Index