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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.
“It’s a free country—I can say whatever I want!” Most Americans agree about the importance of free speech. But many don’t understand the scope and limitations of this treasured liberty. Learn about the history, complexities, and conflicts related to free speech rights, from flag-burning to the treatment of hate speech. Then, decide where YOU stand on this important issue. The Shaping the Debate series is designed to help readers in grades 5-9 understand social issues from multiple viewpoints and to articulate their own opinions. Each book in this series explains the title issue and how it affects people and policy; introduces people and movements involved in bringing awareness to the issue; highlights applicable major U.S. laws, judicial decisions, and progressive to moderate to conservative viewpoints; and touches on global implications of activism, awareness, and policy change
American democracy owes much to the rights guaranteed to individuals in the U.S. Constitution and specifically in its first 10 amendments, known as the Bill of Rights. Each book in the new six-volume American Rights set provides the history of a specific right or rights, from the right to vote to the right to bear arms. The volumes begin with brief colonial history, discussing the war fought by American Revolutionaries to gain independence from Great Britain - and their opportunity to decide what rights every American should possess. Coverage also includes later and ongoing struggles by groups such as women and people of color to gain these rights - both in law and in practice. Students will learn to appreciate the value of these rights by reading of the battles fought to secure them and, in some cases, by learning of their relative rarity around the world. Graphs, maps, photographs, and box features enhance the lively and accessible narrative, calling out important details and bringing this exciting material to life. Providing a wealth of information, American Rights is a thought-provoking, must-have set perfect for the young readers of today.
How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly uninhibited, robust, and wide-open. Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty. By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it. Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.
Whether free speech is defended as a fundamental right that inheres in each individual, or as a guarantee that all of society's members will have a voice in democratic decision-making, the central role of expressive freedom in liberating the human spirit is undeniable. Freedom of expression will, as the essays in this volume illuminate, encounter new and continuing controversies in the twenty-first century. Advances in digital technology raise pressing questions regarding freedom of speech and, with it, intellectual property and privacy rights. Campaign finance reform limits the formerly sacrosanct category of 'political speech'. Expressive liberties may face their greatest challenge from government efforts to thwart terrorism. The twelve legal scholars and philosophers whose work appears in this volume examine the history of free speech doctrine, its relevance to other social and personal values, and the radical critiques it has withstood in recent years.
One of the deepest veins of debate over freedom of expression and speech is that of age; should a child or teen, who is still learning about what is appropriate to express and what is not, be granted the same free speech rights as adults? This compilation of essays debate the various sides of a teenager's rights to free speech and expression. Readers will evaluate just what areas free speech should protect, including free speech that impacts the safety, privacy, and rights of others. This book analyzes the impact of this right on our clothing choices and the controversial causes we might wish to support.