Ian Cram - Academia.edu (original) (raw)

Papers by Ian Cram

Research paper thumbnail of Political Expression: Political Parties, Voters and Candidates

Research paper thumbnail of Liberal Democracy, Law and the Citizen Speaker

Research paper thumbnail of A Virtue Less Cloistered : Courts, Speech and Constitutions

A Virtue Less Cloistered : Courts, Speech and Constitutions, 2002

We live in an era characterized by strong preferences for democratic institutions and constitutio... more We live in an era characterized by strong preferences for democratic institutions and constitutional rights. Two of the most cherished of those rights are free expression and impartial trials. Most of the citizenry of most democracies, most of the time, accept the coexistence of these freedoms as unproblematic birthrights. In A VIRTUE LESS CLOISTERED, Ian Cram undertakes a comparative study of the interplay in the jurisprudence and practice exhibited by some democratic societies in the exercise of these two core rights. His survey fleshes out in some detail the profound and interesting tensions that the full realization of both rights often embody. His analyses are concerned primarily with the laws that regulate press access to and right to comment on criminal proceedings in the United Kingdom, United States, Canada and Australia, but he also devotes significant attention to developments in the European Court of Human Rights (ECHR) and the Tribunal Constitucional of Spain.

Research paper thumbnail of Introduction: Republican moments, Machiavelli and digital communications

Citizen Journalists

Any serious discussion of freedom of expression and news gathering/ dissemination-one that seeks ... more Any serious discussion of freedom of expression and news gathering/ dissemination-one that seeks not to have become obsolescent in as short a time frame as ten or 15 years in the future-needs to consider the available evidence about emerging trends in which news content is generated and disseminated. In September 2012, the Pew Research Center-a Washington DC-based, independent public opinion research centre-published data about the consumption of news stories by US citizens. 1 Not only did the research confirm a previously detected decline in print newspaper sales, 2 it also revealed that television news had begun to lose a younger generation of news consumers. This group (comprising adults under the age of 30) is turning increasingly to online/mobile sources of news information. Across all age groups, the percentage of US citizens that acquired their news from a social networking site more than doubled from 9 per cent in 2010 to 19 per cent in 2012. For the under-30s, social networking sites provided the preferred source of news for 33 per cent of this group. By comparison, television news broadcasts were viewed by 34 per cent of under-30s while just 13 per cent obtained their news from a newspaper (in print and digital formats). More recent data from Pew confirms that among 'millennials' (persons born between

Research paper thumbnail of The Danish Cartoons, Offensive Expression, and Democratic Legitimacy

Extreme Speech and Democracy

This chapter presents a legal and constitutional examination of the legitimacy of ‘offence’ as a ... more This chapter presents a legal and constitutional examination of the legitimacy of ‘offence’ as a ground for limiting expression by the coercive force of law. It sets out to tackle a number of questions. First, it discusses the likely outcome of a challenge before the European Court of Human Rights to national authorities' restrictions on expressive activities, where those restrictions rest on the claim that the expression in question does or is likely to cause offence to genuinely held religious beliefs. It discusses some reasons in favour of tolerating offensive expression, including what for many is the least deserving form of offensive expression, namely, ‘gratuitously offensive’ speech. Finally, some issues around the outer limits of offensive expression are explored.

Research paper thumbnail of Reform of the House of Lords (UK Parliament)

Research paper thumbnail of Conclusion: The sceptical cyber-republican

Research paper thumbnail of Tan valiosa como constitucionalmente precaria

El control judicial de los medios de comunicación, 2015

Research paper thumbnail of Countering terrorism through limits on inciteful speech

Extremism, Free Speech and Counter-Terrorism Law and Policy, 2019

Research paper thumbnail of A digital republic of citizens

Research paper thumbnail of Blasphemy, the Public Sphere and Democratic Self-Government

Research paper thumbnail of Beyond the Fourth Estate: Rethinking the privileges of ‘journalists’ in the era of new media

Research paper thumbnail of The law of contempt

Preface by Lord Justice Sedley, Royal Court of Justice PART 1 - OVERVIEW 1. Introduction 2. Const... more Preface by Lord Justice Sedley, Royal Court of Justice PART 1 - OVERVIEW 1. Introduction 2. Constitutional context 3. Internet and globalisation PART 2 - STRICT LIABILITY 4. Overview of the 1981 Act (include common law) 5. Criminal contempt 6. Civil contempt PART 3 - REPORTING THE COURTS 7. Criminal 8. Civil 9. Family PART 4 - INTERFERENCE WITH THE ADMINISTRATION OF JUSTICE 10. Interference with witnesses 11. Scandalising the court 12. Misconduct in court PART 5 -CONTEMPT PROCEEDINGS 13. Bringing contempt proceedings 14. Responsibility for contempt by publication PART 6 - MISCELLANEOUS 15. Journalist source 16. Tribunals of inquiry 17. The future Appendices Contempt of Court Act 1981 Human Rights Act 1998

Research paper thumbnail of Keeping the demos out of liberal democracy? Participatory politics, ‘fake news’ and the online speaker

Journal of Media Law, 2019

How do liberal democracies respond to the fact of multiple speakers in public discourse? Previous... more How do liberal democracies respond to the fact of multiple speakers in public discourse? Previous approaches to media regulation were predicated upon a few speakers-many readers/listeners/viewers m...

Research paper thumbnail of Google and the ‘unvirtuous’ juror? A comparative constitutional analysis of some digital challenges to fair trials

Research paper thumbnail of Automatic Reporting Restrictions in Criminal Proceedings and Article 10 of the ECHR

Research paper thumbnail of House of Lords

Journal of Criminal Law, 2004

Research paper thumbnail of Terror and the war on dissent: Freedom of expression in the age of Al-Qaeda

Page 1. Ian Cram Terror and the War on Dissent Freedom of Expression in the Age of Al-Qaeda <£... more Page 1. Ian Cram Terror and the War on Dissent Freedom of Expression in the Age of Al-Qaeda <£) Springer Page 2. Terror and the War on Dissent Page 3. Ian Cram Terror and the War on Dissent Freedom of Expression in the Age of Al-Qaeda Page 4. Prof. ...

Research paper thumbnail of Against civility? Arguments for protecting ‘bad taste’, disrespectful and anonymous online speakers

Research paper thumbnail of The Protection of Dissent in International Human Rights Law

Terror and the War on Dissent

Research paper thumbnail of Political Expression: Political Parties, Voters and Candidates

Research paper thumbnail of Liberal Democracy, Law and the Citizen Speaker

Research paper thumbnail of A Virtue Less Cloistered : Courts, Speech and Constitutions

A Virtue Less Cloistered : Courts, Speech and Constitutions, 2002

We live in an era characterized by strong preferences for democratic institutions and constitutio... more We live in an era characterized by strong preferences for democratic institutions and constitutional rights. Two of the most cherished of those rights are free expression and impartial trials. Most of the citizenry of most democracies, most of the time, accept the coexistence of these freedoms as unproblematic birthrights. In A VIRTUE LESS CLOISTERED, Ian Cram undertakes a comparative study of the interplay in the jurisprudence and practice exhibited by some democratic societies in the exercise of these two core rights. His survey fleshes out in some detail the profound and interesting tensions that the full realization of both rights often embody. His analyses are concerned primarily with the laws that regulate press access to and right to comment on criminal proceedings in the United Kingdom, United States, Canada and Australia, but he also devotes significant attention to developments in the European Court of Human Rights (ECHR) and the Tribunal Constitucional of Spain.

Research paper thumbnail of Introduction: Republican moments, Machiavelli and digital communications

Citizen Journalists

Any serious discussion of freedom of expression and news gathering/ dissemination-one that seeks ... more Any serious discussion of freedom of expression and news gathering/ dissemination-one that seeks not to have become obsolescent in as short a time frame as ten or 15 years in the future-needs to consider the available evidence about emerging trends in which news content is generated and disseminated. In September 2012, the Pew Research Center-a Washington DC-based, independent public opinion research centre-published data about the consumption of news stories by US citizens. 1 Not only did the research confirm a previously detected decline in print newspaper sales, 2 it also revealed that television news had begun to lose a younger generation of news consumers. This group (comprising adults under the age of 30) is turning increasingly to online/mobile sources of news information. Across all age groups, the percentage of US citizens that acquired their news from a social networking site more than doubled from 9 per cent in 2010 to 19 per cent in 2012. For the under-30s, social networking sites provided the preferred source of news for 33 per cent of this group. By comparison, television news broadcasts were viewed by 34 per cent of under-30s while just 13 per cent obtained their news from a newspaper (in print and digital formats). More recent data from Pew confirms that among 'millennials' (persons born between

Research paper thumbnail of The Danish Cartoons, Offensive Expression, and Democratic Legitimacy

Extreme Speech and Democracy

This chapter presents a legal and constitutional examination of the legitimacy of ‘offence’ as a ... more This chapter presents a legal and constitutional examination of the legitimacy of ‘offence’ as a ground for limiting expression by the coercive force of law. It sets out to tackle a number of questions. First, it discusses the likely outcome of a challenge before the European Court of Human Rights to national authorities' restrictions on expressive activities, where those restrictions rest on the claim that the expression in question does or is likely to cause offence to genuinely held religious beliefs. It discusses some reasons in favour of tolerating offensive expression, including what for many is the least deserving form of offensive expression, namely, ‘gratuitously offensive’ speech. Finally, some issues around the outer limits of offensive expression are explored.

Research paper thumbnail of Reform of the House of Lords (UK Parliament)

Research paper thumbnail of Conclusion: The sceptical cyber-republican

Research paper thumbnail of Tan valiosa como constitucionalmente precaria

El control judicial de los medios de comunicación, 2015

Research paper thumbnail of Countering terrorism through limits on inciteful speech

Extremism, Free Speech and Counter-Terrorism Law and Policy, 2019

Research paper thumbnail of A digital republic of citizens

Research paper thumbnail of Blasphemy, the Public Sphere and Democratic Self-Government

Research paper thumbnail of Beyond the Fourth Estate: Rethinking the privileges of ‘journalists’ in the era of new media

Research paper thumbnail of The law of contempt

Preface by Lord Justice Sedley, Royal Court of Justice PART 1 - OVERVIEW 1. Introduction 2. Const... more Preface by Lord Justice Sedley, Royal Court of Justice PART 1 - OVERVIEW 1. Introduction 2. Constitutional context 3. Internet and globalisation PART 2 - STRICT LIABILITY 4. Overview of the 1981 Act (include common law) 5. Criminal contempt 6. Civil contempt PART 3 - REPORTING THE COURTS 7. Criminal 8. Civil 9. Family PART 4 - INTERFERENCE WITH THE ADMINISTRATION OF JUSTICE 10. Interference with witnesses 11. Scandalising the court 12. Misconduct in court PART 5 -CONTEMPT PROCEEDINGS 13. Bringing contempt proceedings 14. Responsibility for contempt by publication PART 6 - MISCELLANEOUS 15. Journalist source 16. Tribunals of inquiry 17. The future Appendices Contempt of Court Act 1981 Human Rights Act 1998

Research paper thumbnail of Keeping the demos out of liberal democracy? Participatory politics, ‘fake news’ and the online speaker

Journal of Media Law, 2019

How do liberal democracies respond to the fact of multiple speakers in public discourse? Previous... more How do liberal democracies respond to the fact of multiple speakers in public discourse? Previous approaches to media regulation were predicated upon a few speakers-many readers/listeners/viewers m...

Research paper thumbnail of Google and the ‘unvirtuous’ juror? A comparative constitutional analysis of some digital challenges to fair trials

Research paper thumbnail of Automatic Reporting Restrictions in Criminal Proceedings and Article 10 of the ECHR

Research paper thumbnail of House of Lords

Journal of Criminal Law, 2004

Research paper thumbnail of Terror and the war on dissent: Freedom of expression in the age of Al-Qaeda

Page 1. Ian Cram Terror and the War on Dissent Freedom of Expression in the Age of Al-Qaeda <£... more Page 1. Ian Cram Terror and the War on Dissent Freedom of Expression in the Age of Al-Qaeda <£) Springer Page 2. Terror and the War on Dissent Page 3. Ian Cram Terror and the War on Dissent Freedom of Expression in the Age of Al-Qaeda Page 4. Prof. ...

Research paper thumbnail of Against civility? Arguments for protecting ‘bad taste’, disrespectful and anonymous online speakers

Research paper thumbnail of The Protection of Dissent in International Human Rights Law

Terror and the War on Dissent