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Professor Smolla has revised & greatly expanded the 1985 first edition of Professor Melville Nimmer's wonderfully crafted text on Free Speech. Professor Nimmer, now deceased, was a Professor of Law at UCLA from 1962 to 1985, & one of the country's foremost authorities on the First Amendment. Professor Smolla has been active in litigation on First Amendment issues & has written widely in the area. His book, Free Speech in an Open Society (1992) received the William O. Douglas Prize of the Speech Communication Association, the leading professional organization for college instructors in this field. This 1200-page text can serve as a core coursebook for a Free Speech or First Amendment course or as an exceptionally lucid supplemental book for the free speech component of a basic Constitutional Law course. It thoroughly covers all aspects of free speech, from theoretical doctrines to practical applications of those doctrines. Each of the following topics receives full-chapter treatment: Historical Background, Overview of Theory & Method, Overview of Modern Free Speech Doctrine, Incitement, Symbolic Speech, "Hate" Speech, Obscene & Pornographic Speech, Prior Restraints, Political Speech, Government-Related Speech, Tort Liability, Commercial & Proprietary Speech, selected aspects of Freedom of the Press, and Regulation of Electronic Mass Media.
"Should we tolerate speech designed to spread intolerance? As we grope for a response, we find our constitutional and moral imperatives for tolerance and equality in conflict with the equally imperative value of free speech. This is but one of the many such pressing issues dealt with in this timely, important book." "Exploring the question "What should freedom of speech mean in a democracy?," Rodney Smolla argues that it is a value of overarching significance. Freedom of speech, he says, is not merely an aid to self-governance, but is uniquely connected to all that defines the human spirit--to imagination, creativity, enterprise, rationality, love, worship, and wonder." "In a complex modern society, freedom of speech is constantly threatened by other social interests and values, which often seem more important in the short term: national security, personal reputation and privacy, eliminating racism and sexism, instilling values of decency and tolerance in children, controlling the corrupting influences of money on the political process, and bringing order to global electronic communications--all worthy social interests." "Smolla shows how even seemingly reasonable regulation of speech tends to progress inexorably toward censorship. He takes on the difficult issue of Who Decides, and he analyzes symbolic and violent dissent, and the "clear and present danger" doctrine. He probes the disturbing issues of hate speech, obscenity, tolerating intolerance, and truth and falsehood in political campaigns. He looks at personal confidentiality, ponders the possible criteria for creating an objective definition of newsworthiness and public speech--especially with reference to governmental funding of the arts, education, and broadcasting--and explores the implications of the Noriega case, Persian Gulf censorship issues, attempts to export the American concept of free speech, and the challenge of new technologies." "Throughout, the discussion of pros and cons is balanced, yet Smolla helps us see clearly why we should defend vigorously our endangered First Amendment rights."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index