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Modern Power and Free Speech explores the complicated relationship between the First Amendment and culturally disempowered groups within the United States. By focusing on hate speech, Internet pornography, and political dissent, Chris Demaske analyzes First Amendment discourse and doctrine, and questions the role of the concept of the autonomous individual. Demaske asserts that the presupposed equality of so-called autonomous individuals does not exist and goes on to show how these specious claims to equality only serve to further silence those marginalized members of American society. Combining legal analysis. First Amendment theory, feminist theory, and political theory, Demaske addresses the inadequacies of current free
“The best history of free speech ever written and the best defense of free speech ever made.” —P.J. O’Rourke Hailed as the “first freedom,” free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Through captivating stories of free speech’s many defenders—from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Rāzī, to the anti-lynching crusader Ida B. Wells and modern-day digital activists—Mchangama reveals how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Yet the desire to restrict speech, too, is a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all stripes. Meticulously researched and deeply humane, Free Speech demonstrates how much we have gained from this principle—and how much we stand to lose without it.
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
The rights to free speech, press, religion, assembly, and petition are among the most important in a democracy. Without freedom to express one's ideas, democratic values such as the right to criticize government and society become hollow. To protect these freedoms, citizens must understand the roots, of the First Amendment, how it is challenged, and why it is so essential to a free people. The Power of Free Expression in America introduces the five freedoms protected by the First Amendment and explores the historic roots of freedom of expression from John Milton's Areopagitica to current law. It teaches the value of free speech, the role of the press in a free society, and the public's right to know. It defines news, addresses journalism ethics, public trust in the news media, hate speech, media ownership, broadcast regulations, invasion of privacy, and more -- including advice for using the power of free speech effectively. The text includes examples, articles, and court cases to illustrate the First Amendment in action and discuss its power. The second edition features new content that speaks to "fake news," expression in the digital age, and the impact of social media on free speech. Chapters on the Internet, the news, politics and the media, and what the future might hold have been updated to reflect recent developments. The Power of Free Expression in America is ideal for courses in journalism, communication, media studies, history, government, civics, or any course that explores the First Amendment and press in the United States. It is a valuable tool for teachers and students as society wrestles with the evolving role of First Amendment rights in America.
Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.
A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.
Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation. -- Akhil Amar, Southmayd Professor, Yale Law School This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy. -- Joshua Cohen, Massachusetts Institute of Technology How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject. -- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University
This book explores the renewed and vociferous defence of free speech witnessed in relation to a number of high-profile events, including the Charlie Hebdo massacre, the Brexit and Trump campaigns, and recent campus politics. Anthony Leaker argues that the defence of free speech has played a pivotal role in a resurgent right-wing nationalism, that it is the rallying point for a wider set of reactionary political demands, a form of aggrieved liberalism at best and patriarchal white supremacy at worst, aided by a complicit liberal centre. By focusing on these events and situating them within the wider geopolitical context of a post-democratic, post-truth world of austerity, ongoing conflict in the Middle East, Pasokification, and rising fascism, Leaker critiques the role that the defence of free speech has played in legitimising the scapegoating of oppressed minorities while deflecting attention from the egregious operations of power that have led to ever greater inequality, injustice and capitalist destruction. This powerful book shows that free speech is in fact a myth, an ideological tool employed by those in power to sustain existing power relations.
“We, the free, face a daunting opportunity. Previous generations could only dream of a free world. Now we can begin to make it.” In his welcome alternative to the rampant pessimism about Euro-American relations, award-winning historian Timothy Garton Ash shares an inspiring vision for how the United States and Europe can collaborate to promote a free world. At the start of the twenty-first century, the West has plunged into crisis. Europe tries to define itself in opposition to America, and America increasingly regards Europe as troublesome and irrelevant. What is to become of what we used to call “the free world”? Part history, part manifesto, Free World offers both a scintillating assessment of our current geopolitical quandary and a vitally important argument for the future of liberty and the shared values of the West.
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