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John Shattuck and Matthias Risse. 2/15/2021. “Freedom of Speech and Media.” Reimagining Rights and Responsibilities in the United States, 013. See full text.Abstract

The First Amendment guarantees some of the most fundamental rights provided to Americans under the Constitution. The right to free expression is a foundational tenet of American values. In fact, it was the First Amendment rights to freedom of speech and the press that provided much of the basis for the revolution that led to America’s founding. The First Amendment provides broad protection from government censure of speech, although limitations on some forms of published or broadcast speech, such as obscenity and hate speech, have been allowed. 

As the traditional public square governed and protected by federal regulation moves online to spaces governed by private corporations, the rules for how speech is both expressed and censored are also changing. How should legal protections for speech adapt to these new tech-powered, private forums? This chapter will explore the current landscape of free speech and the associated information landscape as well as the threats that they face. 

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See other issues of the Reimagining Rights and Responsibilities series. 



John Shattuck and Mathias Risse. 2/4/2021. “Immigration.” Reimagining Rights and Responsibilities in the United States, 10. See full text.



John Shattuck, Mathias Risse, and Timothy Patrick McCarthy. 1/6/2021. “LGBTQ Rights.” Reimagining Rights and Responsibilities in the United States, 007. See full text.Abstract

"Queer" people have always been here—since antiquity, they’ve lived across communities and intersections of every class, color, creed, condition, and country. Though not always marked as “deviant” or designated “illegal,” lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have also more often than not been victims of personal prejudice, social and cultural stigma, and legal and political discrimination. This has certainly been the case in the modern era, the same time that “human rights” has gained currency and frequency as a rallying cry for various struggles and peoples seeking freedom, equality, and justice. That’s is not a coincidence: as the formal infrastructure of human rights and state-sanctioned homophobia expanded simultaneously in the middle of the 20^th century, so, too, did the modern movement for LGBTQ+ rights in the United States first emerge. This “paradox of progress”—the persistent battle between progress and prejudice—is a key characteristic of the history of social justice movements, including those for queer liberation and rights.

Read the full paper.

See the full Reimagining Rights and Responsibilities series here. 



John Shattuck and Mathias Risse. 11/30/2020. “Civic Education.” Reimagining Rights and Responsibilities in the United States, 2020-004. See full text.Abstract

A well-informed citizenry is essential in a democracy to preserve American values and make sound decisions in every area, from the school board meeting to the voting booth. Yet, arguably, in no other way have Americans fallen so short from what the Framers intended than in their understanding of and participation in democratic governance. A 2019 survey by the Annenberg Public Policy Center of the University of Pennsylvania found that only 39 percent of respondents could name all three branches of government, and 22 percent could not name any. Voting rates average only 56 percent in presidential elections, and are as low as 40 percent in mid-terms, ranking the U.S. far below most other democracies in voting participation. In short, the American people are not well-informed about their own government, do not turn out to vote in high numbers, and do not engage significantly in politics and civics.

In addition to providing a set of policy recommendations, this issue of the Reimagining Rights and Responsibilities paper series outlines historical origins of civic education, the status of state and federal requirement, the dearth of federal funding, and the current political tensions within civic education. 

Read the full paper here.  

See all the issues of the Reimagining Rights and Responsibilities paper series here. 



Brittan Heller. 6/12/2020. “Reimagining Reality: Human Rights and Immersive Technology.” Carr Center Discussion Paper Series, 2020-008. See full text.Abstract

This paper explores the human rights implications of emergent technology, and focuses on virtual reality (VR), augmented reality (AR), and immersive technologies. Because of the psychological and physiological aspects of immersive technologies, and the potential for a new invasive class of privacy-related harms, she argues that content creators, hardware producers, and lawmakers should take increased caution to protect users. This will help protect the nascent industry in a changing legal landscape and help ensure that the beneficial uses of this powerful technology outweigh the potential misuses.

In the paper, Heller first reviews the technology and terminology around immersive technologies to explain how they work, how a user’s body and mind are impacted by the hardware, and what social role these technologies can play for communities. Next she describes some of the unique challenges for immersive media, from user safety to misalignment with current biometrics laws. She introduces a new concept, biometric psychography, to explain how the potential for privacy-related harms is different in immersive technologies, due to the ability to connect your identity to your innermost thoughts, wants, and desires. Finally, she describe foreseeable developments in the immersive industry, with an eye toward identifying and mitigating future human rights challenges. The paper concludes with five recommendations for actions that the industry and lawmakers can take now, as the industry is still emerging, to build human rights into its DNA.
 



Erica Chenoweth and Margherita Belgioioso. 8/5/2019. “The Physics of Dissent and the Effects of Movement Momentum.” Nature Human Behaviour. See full text.Abstract

How do ‘people power’ movements succeed when modest proportions of the population participate?

Here we propose that the effects of social movements increase as they gain momentum. We approximate a simple law drawn from physics: momentum equals mass times velocity (p = mv). We propose that the momentum of dissent is a product of participation (mass) and the number of protest events in a week (velocity). We test this simple physical proposition against panel data on the potential effects of movement momentum on irregular leader exit in African countries between 1990 and 2014, using a variety of estimation techniques. Our findings show that social movements potentially compensate for relatively modest popular support by concentrating their activities in time, thus increasing their disruptive capacity. Notably, these findings also provide a straightforward way for dissidents to easily quantify their coercive potential by assessing their participation rates and increased concentration of their activities over time.

Read the full article here



Steven Livingston and Mathias Risse. 6/7/2019. “The Future Impact of Artificial Intelligence on Humans and Human Rights.” Ethics and International Affairs, 33, 2, Pp. 141-158. See full text.Abstract

What are the implications of artificial intelligence (AI) on human rights in the next three decades?

Precise answers to this question are made difficult by the rapid rate of innovation in AI research and by the effects of human practices on the adaption of new technologies. Precise answers are also challenged by imprecise usages of the term “AI.” There are several types of research that all fall under this general term. We begin by clarifying what we mean by AI. Most of our attention is then focused on the implications of artificial general intelligence (AGI), which entail that an algorithm or group of algorithms will achieve something like superintelligence. While acknowledging that the feasibility of superintelligence is contested, we consider the moral and ethical implications of such a potential development. What do machines owe humans and what do humans owe superintelligent machines?

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Zoe Marks, Erica Chenoweth, and Jide Okeke. 4/25/2019. “People Power is Rising in Africa.” Foreign Affairs. See full text.Abstract

New article in Foreign Affairs from Carr Center's Zoe Marks and Erica Chenoweth, with Jide Okeke, delineates how protest movements are succeeding where even global arrest warrants can’t.

A new tide of people power is rising in Africa. On April 2, a nonviolent resistance movement in Algeria succeeded in pressuring Abdelaziz Bouteflika to resign after 20 years as president. Nine days later, protesters in Sudan were celebrating the ouster of Omar al-Bashir, Sudan’s president of 30 years, after a three-month-long uprising against his regime.

The nonviolent overthrows of Bouteflika and Bashir are not aberrations. They reflect a surprising trend across the continent: despite common perceptions of Africa as wracked by violence and conflict, since 2000, most rebellions there have been unarmed and peaceful. Over the past decade, mass uprisings in Africa have accounted for one in three of the nonviolent campaigns aiming to topple dictatorships around the world. Africa has seen 25 new, nonviolent mass movements—almost twice as many as Asia, the next most active region with 16.

Read the full article on Foreign Affairs.



Luís Roberto Barroso. 4/4/2019. “Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies.” The American Journal of Comparitive Law. See full text.Abstract

Justice Luis Roberto Barroso's latest article on Countermajoritarian, Representative, and Enlightened: The Roles of Constitutional Courts in Democracies.

The primary purpose of this article is to examine the roles of constitutional courts in contemporary democracies. It aims to demonstrate that such courts perform, in addition to the countermajoritarian role traditionally recognized in constitutional theory, two other roles: representative and, occasionally, enlightened. In the construction of the argument, the Article analyzes the phenomena of the judicialization of politics and judicial activism, as well as the issue of the difficult demarcation of the border between law and politics in the complex and plural societies of today. Although it presents several examples of the constitutional experience of the United States, the Article’s conclusions are generalizable, looking at the roles of constitutional courts from the perspective of a global constitutionalism whose categories have become common practice in the democracies of the world.

See full text. 



Averell Schmidt and Kathryn Sikkink. 2/20/2019. “Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm.” Journal of Global Security Studies, 4, 1, Pp. 105-122. See full text.Abstract

Breaking the Ban? The Heterogeneous Impact of US Contestation of the Torture Norm recent journal article by Kathryn Sikkink and Averell Schmidt

Following the attacks of 9/11, the United States adopted a policy of torturing suspected terrorists and reinterpreted its legal obligations so that it could argue that this policy was lawful. This article investigates the impact of these actions by the United States on the global norm against torture. After conceptualizing how the United States contested the norm against torture, the article explores how US actions impacted the norm across four dimensions of robustness: concordance with the norm, third-party reactions to norm violations, compliance, and implementation. This analysis reveals a heterogeneous impact of US contestation: while US policies did not impact global human rights trends, it did shape the behavior of states that aided and abetted US torture policies, especially those lacking strong domestic legal structures. The article sheds light on the circumstances under which powerful states can shape the robustness of global norms.

Read more here: https://academic.oup.com/jogss/article-abstract/4/1/105/5347914?redirectedFrom=fulltext

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