Simmons & Anton Strezhnev, Human Rights and Human Welfare: Looking for a ‘Dark Side’ to International Human Rights Law, (In: The Future of Human Rights 60-87 (Jack Snyder et al. eds., Cambridge University Press, 2018).Stijn Smet, Free Speech versus Religious Feelings, the Sequel: Defamation of the Prophet Muhammad in E.S. v Austria, (European Constitutional Law Review, Forthcoming).From SmartCILP;Theresa Finley & Mark Koyama, Plague,… [read post]

(Pix (c) Larry Catá Backer 2013) In his 2004 Storrs Lecture, Gunther Teubner asked:how is constitutional theory to respond to the challenge arising form three current major trends—digitization, privatization and globalization—for the inclusion/exclusion problem? [read post]

He pointed to the very liberal approach taken by the US Supreme Court to controversial messages, as exemplified in its recent decision in Snyder v Phelps et al 562 U.S. (2011) (a case concerning homophobic picketing outside military funerals by a church group who wanted to communicate their belief that God hated the US for its tolerance of homosexuality in the American military). [read post]