Free Speech As Civic Structure

Author : Ronald J. Krotoszynski, Jr.
Publisher : Oxford University Press
ISBN 13 : 0197662196
Total Pages : 329 pages
Book Rating : 4.99/5 ( download)

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Download or read book Free Speech As Civic Structure written by Ronald J. Krotoszynski, Jr. and published by Oxford University Press. This book was released on 2024 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular national legal system. The author argues that, across jurisdictions, text or its absence will serve merely as a starting point for judicial efforts to protect speech activity.

Author : Alexander Meiklejohn
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584770872
Total Pages : 126 pages
Book Rating : 4.79/5 ( download)

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Download or read book Free Speech and Its Relation to Self-Government written by Alexander Meiklejohn and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. "Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne." --JOHN P. FRANK, Texas Law Review 27:405-412. ALEXANDER MEIKLEJOHN [1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin- Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963.

Author : Mark Tushnet
Publisher : Edward Elgar Publishing
ISBN 13 : 1786437163
Total Pages : 144 pages
Book Rating : 4.67/5 ( download)

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Download or read book Advanced Introduction to Freedom of Expression written by Mark Tushnet and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Advanced Introduction to Freedom of Expression provides an overview of major issues in the doctrinal structure of a law of freedom of expression, relevant to discussions of freedom of expression under many national constitutions. Assuming familiarity with basic theories of free expression, this book addresses the implications of reasonable disagreement between legislatures and courts about whether a specific measure violates freedom of expression, the implications of the fundamental proposition that speech can cause harm, the distinction between the coverage of freedom of expression and the protections it affords, and the appropriate doctrinal forms when speech is said to conflict with other rights such as equality, or merely other social interests. The book will be of interest to anyone, including students, teachers, researchers and policymakers wanting to learn more about the freedom of expression and the law.

Author : Owen Fiss
Publisher : Harvard University Press
ISBN 13 : 9780674036918
Total Pages : 122 pages
Book Rating : 4.13/5 ( download)

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Download or read book The Irony of Free Speech written by Owen Fiss and published by Harvard University Press. This book was released on 2009-06-01 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Spoma Jovanovic
Publisher : Rowman & Littlefield
ISBN 13 : 1793630941
Total Pages : 291 pages
Book Rating : 4.40/5 ( download)

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Download or read book Expression in Contested Public Spaces written by Spoma Jovanovic and published by Rowman & Littlefield. This book was released on 2021-08-06 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expression in Contested Public Spaces: Free Speech and Civic Engagement addresses how people express themselves and their differences, in ways that amplify the many voices central to the mission of democracy. This book investigates in what ways and in what discursive forms people interrupt the status quo or unjust practices to advance positive social change. The chapters feature research activity, engaged scholarship, and creative expression to boldly frame the issues of free speech—amid attempts to chill and silence expressions of dissent—in order to demonstrate how community organizers, activists, and scholars use their voices to advance peace and justice befitting the human condition. Scholars and students of communication and the social sciences will find this book particularly interesting.

Author : Geoffrey R. Stone
Publisher : Oxford University Press, USA
ISBN 13 : 0190841370
Total Pages : 377 pages
Book Rating : 4.79/5 ( download)

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Download or read book The Free Speech Century written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2018-12-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Robert M. O'Neil
Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.36/5 ( download)

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Download or read book Free Speech; Responsible Communication Under Law written by Robert M. O'Neil and published by . This book was released on 1972 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Timothy Zick
Publisher : Oxford University Press
ISBN 13 : 0190841435
Total Pages : 248 pages
Book Rating : 4.30/5 ( download)

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Download or read book The Dynamic Free Speech Clause written by Timothy Zick and published by Oxford University Press. This book was released on 2018-08-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

Author : Cass R. Sunstein
Publisher : Simon and Schuster
ISBN 13 : 1439105359
Total Pages : 554 pages
Book Rating : 4.51/5 ( download)

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Download or read book Democracy and the Problem of Free Speech written by Cass R. Sunstein and published by Simon and Schuster. This book was released on 1995-02-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Rodney A. Smolla
Publisher : Alfred A. Knopf
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.26/5 ( download)

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Download or read book Free Speech in an Open Society written by Rodney A. Smolla and published by Alfred A. Knopf. This book was released on 1992 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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