FREEDOM OF SPEECH / FREEDOM OF EXPRESSION


FREEDOM OF SPEECH / FREEDOM OF EXPRESSION

Freedom of speech is the freedom to speak without censorship and/or limitation. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used [United Nations, 1966, 1976]. The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression". Furthermore freedom of speech is recognized in European, inter-American and African regional human rights law [United Nations, 1966, 1967]. Freedom of speech, or the freedom of expression, is recognized in international and regional human rights law. The right is enshrined in Article 19 of the International Covenant on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights and Article 9 of the African Charter on Human and Peoples' Rights [Andrew Puddephatt & Hodder Arnold, 2005; Kumar, Ambika, 2006].

In Islamic ethics freedom of speech was first declared in the Rashidun period by the caliph Umar in the 7th century. In the Abbasid Caliphate period, freedom of speech was also declared by al-Hashimi (a cousin of Caliph al-Ma'mun) in a letter to one of the religious opponents he was attempting to convert through reason.

According to George Makdisi and Hugh Goddard, "the idea of academic freedom" in universities was "modelled on Islamic custom" as practiced in the medieval Madrasah system from the 9th century. Islamic influence was "certainly discernible in the foundation of the first deliberately-planned university" in Europe [Boisard, Marcel A., 1980].

* Selected REFERENCES / Sources:

Amnesty International: Annual Reports: URLhttp://www.amnesty.org/ailib/aireport/index.html Andrew Puddephatt & Hodder Arnold. (2005). Freedom of Expression: The Essentials of Human Rights. United Publishers. Boisard, Marcel A. (July 1980), "On the Probable Influence of Islam on Western Public and International Law", International Journal of Middle East Studies 11 (4): 429–50. Goddard, Hugh. (2000). A History of Christian-Muslim Relations. Edinburgh: Edinburgh University Press. Kumar, Ambika. (2006). ‘Using Courts to Enforce the Free Speech Provisions of the International Covenant on Civil and Political Rights.’ Published by Chicago Journal of International Law. Summer 2006. URLhttp://www.allbusiness.com/corporate-governance/4082846-1.html United Nations: ‘International Covenant on Civil and Political Rights.’ Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16th December 1966: Entry into force 23 March 1976, in accordance with Article 49. URLhttp://www2.ohchr.org/english/law/ccpr.htm (United Nations) Wikipedia. (2010). ‘Freedom of Speech.’ Wikimedia Foundation, Inc. URLhttp://en.wikipedia.org/wiki/Freedom_of_expression

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01 January 2020

Tesla must face lawsuit claiming racism at California factory



SOURCE:
https://malaysia.news.yahoo.com/tesla-must-face-lawsuit-claiming-175735149.html




Tesla must face lawsuit claiming racism at California factory

By Jonathan Stempel

By Jonathan Stempel
(Reuters) - A federal judge rejected Tesla Inc's effort to dismiss claims by two former workers that the California electric car factory where they worked was a hotbed of racial hostility, clearing the way for a possible trial.
In a decision on Monday, U.S. District Judge William Orrick in San Francisco found open questions over whether Owen Diaz and his son Demetric Di-az faced "severe and pervasive racial harassment" in 2015 and 2016 at Tesla's factory in suburban Fremont, which employs more than 10,000 people.
The plaintiffs, who are black, said they were subjected to repeated racial epithets dozens of times, as well as racist cartoons, and that supervisors engaged in or did little to stop the racism.
Orrick said Diaz could pursue claims that Tesla allowed and did not take reasonable steps to stop racial harassment.
He said punitive damages might be available if Tesla must have known about the harassment and "ratified" it, even if only lower level workers were directly involved.
"The n-word is perhaps the most offensive and inflammatory racial slur in English, a word expressive of racial hatred and bigotry," Orrick wrote. "This case will proceed to trial."
A trial is scheduled for May 11, 2020.
Tesla and its lawyers did not immediately respond to requests for comment.
The Palo Alto, California-based company has faced multiple racial harassment lawsuits, but is not the only automaker to face such claims in recent years.
In 2017, Ford Motor Co agreed to pay up to $10.1 million to settle a federal probe into alleged harassment at two Chicago plants.
Tesla has in court papers said it "did not hesitate" to address racial abuse at the Fremont factory, and there was no proof of "oppression, malice, or fraud."
Orrick also said Diaz could pursue claims against a staffing agency that assigned him to the factory, and a liaison between Tesla and that agency.
Lawrence Organ, the plaintiffs' lawyer, said his clients are seeking damages "in the millions" of dollars.
"Tesla is not sending a message that this kind of conduct in the workplace is not permitted," he said in an interview.
Owen Diaz said he worked at Tesla for 11 months as an elevator operator, while Demetric Di-az spent two months as a production associate.
Allegations included a claim that Diaz's supervisor admitted to drawing a cartoon of "a black face person with a bone in his hair" and captioned "booo," supposedly short for "jigaboo."
"You people can't take a joke," Diaz said the supervisor told him.
The case is Di-az et al v Tesla Inc et al, U.S. District Court, Northern District of California, No. 17-06748.

(Reporting by Jonathan Stempel in New York; editing by Grant McCool)



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