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The aim of this book is to a launch a polemic for the freedom of the press against all of the attempts to police, defile and sanitise journalism today. Once the media reported the news. Now it makes it. From the phone-hacking scandal to rows about press regulation, super-injunctions, leaks, libel and privacy laws, the power of the Murdoch empire, and the future of the BBC, the media has become the story. The British press is in crisis and under scrutiny as never before. In the fall-out from the phone-hacking scandal one national newspaper has already been closed down and some would like to see others go the same way. However, this book argues that there is not too much media freedom in Britain today, but too little. There are not too few controls and restrictions on what can legitimately be published and broadcast, but too many - both formal and informal. Some newspapers in Britain and elsewhere might be going 'free' in financial terms, under pressure from declining sales and the new online media. But in almost every way that matters, the press is less free - thanks both to external constraints and the internal corrosion of the foundations of good journalism. This book aims to shake up the one-way 'debate' about the freedom of the media. It will argue that the media's standing has been undermined both from without and within, and put the case for standing up both to the censors and to the conformists in all their guises.
In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values (the timeless transcendence of which they themselves have conveniently identified), and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances (of time and history) to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza (the author and former Reagan White House policy analyst), Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested." In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars.
The aim of this book is to a launch a polemic for the freedom of the press against all of the attempts to police, defile and sanitise journalism today. Once the media reported the news. Now it makes it. From the phone-hacking scandal to rows about press regulation, super-injunctions, leaks, libel and privacy laws, the power of the Murdoch empire, and the future of the BBC, the media has become the story. The British press is in crisis and under scrutiny as never before. In the fall-out from the phone-hacking scandal one national newspaper has already been closed down and some would like to see others go the same way. However, this book argues that there is not too much media freedom in Britain today, but too little. There are not too few controls and restrictions on what can legitimately be published and broadcast, but too many - both formal and informal. Some newspapers in Britain and elsewhere might be going 'free' in financial terms, under pressure from declining sales and the new online media. But in almost every way that matters, the press is less free - thanks both to external constraints and the internal corrosion of the foundations of good journalism. This book aims to shake up the one-way 'debate' about the freedom of the media. It will argue that the media's standing has been undermined both from without and within, and put the case for standing up both to the censors and to the conformists in all their guises.
How far does the idea of academic freedom extend to professors in an era of racial reckoning? The protests of summer 2020, which were ignited by the murder of George Floyd, led to long-overdue reassessments of the legacy of racism and white supremacy in both American academe and cultural life more generally. But while universities have been willing to rename some buildings and schools or grapple with their role in the slave trade, no one has yet asked the most uncomfortable question: Does academic freedom extend to racist professors? It's Not Free Speech considers the ideal of academic freedom in the wake of the activism inspired by outrageous police brutality, white supremacy, and the #MeToo movement. Arguing that academic freedom must be rigorously distinguished from freedom of speech, Michael Bérubé and Jennifer Ruth take aim at explicit defenses of colonialism and theories of white supremacy—theories that have no intellectual legitimacy whatsoever. Approaching this question from two angles—one, the question of when a professor's intramural or extramural speech calls into question his or her fitness to serve, and two, the question of how to manage the simmering tension between the academic freedom of faculty and the antidiscrimination initiatives of campus offices of diversity, equity, and inclusion—they argue that the democracy-destroying potential of social media makes it very difficult to uphold the traditional liberal view that the best remedy for hate speech is more speech. In recent years, those with traditional liberal ideals have had very limited effectiveness in responding to the resurgence of white supremacism in American life. It is time, Bérubé and Ruth write, to ask whether that resurgence requires us to rethink the parameters and practices of academic freedom. Touching as well on contingent faculty, whose speech is often inadequately protected, It's Not Free Speech insists that we reimagine shared governance to augment both academic freedom and antidiscrimination initiatives on campuses. Faculty across the nation can develop protocols that account for both the new realities—from the rise of social media to the decline of tenure—and the old realities of long-standing inequities and abuses that the classic liberal conception of academic freedom did nothing to address. This book will resonate for anyone who has followed debates over #MeToo, Black Lives Matter, Critical Race Theory, and "cancel culture"; more specifically, it should have a major impact on many facets of academic life, from the classroom to faculty senates to the office of the general counsel.
. Renewal of Life by Transmission. The most notable distinction between living and inanimate things is that the former maintain themselves by renewal. A stone when struck resists. If its resistance is greater than the force of the blow struck, it remains outwardly unchanged. Otherwise, it is shattered into smaller bits. Never does the stone attempt to react in such a way that it may maintain itself against the blow, much less so as to render the blow a contributing factor to its own continued action. While the living thing may easily be crushed by superior force, it none the less tries to turn the energies which act upon it into means of its own further existence. If it cannot do so, it does not just split into smaller pieces (at least in the higher forms of life), but loses its identity as a living thing. As long as it endures, it struggles to use surrounding energies in its own behalf. It uses light, air, moisture, and the material of soil. To say that it uses them is to say that it turns them into means of its own conservation. As long as it is growing, the energy it expends in thus turning the environment to account is more than compensated for by the return it gets: it grows. Understanding the word "control" in this sense, it may be said that a living being is one that subjugates and controls for its own continued activity the energies that would otherwise use it up. Life is a self-renewing process through action upon the environment.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
A consideration of the ideological gridlock paralyzing academic and political exchange in the nineties. The author dissects the controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, and takes both the left and the right equally to task.
How do journalists around the world view their roles and responsibilities in society? Based on a landmark study that has collected data from more than 27,500 journalists in 67 countries, Worlds of Journalism offers a groundbreaking analysis of the different ways journalists perceive their duties, their relationship to society and government, and the nature and meaning of their work. Challenging assumptions of a universal definition or concept of journalism, the book maps a world populated by a rich diversity of journalistic cultures. Organized around a series of key questions on topics such as editorial autonomy, journalistic ethics, trust in social institutions, and changes in the profession, it details how the practice of journalism differs across the world in a range of political, social, and economic contexts. The book covers how journalism as an institution is created and re-created by journalists and how they experience their profession in very different ways, even as they retain a commitment to some basic, widely shared professional norms and practices. It concludes with a global classification of journalistic cultures that reflects the breadth of worldviews and orientations found in disparate countries and regions. Worlds of Journalism offers an ambitious, comparative global understanding of the state of journalism in a time when it is confronting a series of economic and political threats.