Democracy And The Problem Of Free Speech
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Democracy And The Problem Of Free Speech
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Author : Cass R. Sunstein
language : en
Publisher:
Release Date : 1995-02
Democracy And The Problem Of Free Speech written by Cass R. Sunstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-02 with History categories.
Includes bibliographical references and index.
Democracy And The Problem Of Free Speech
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Author : Cass R. Sunstein
language : en
Publisher:
Release Date : 1993
Democracy And The Problem Of Free Speech written by Cass R. Sunstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with History categories.
Instead, we should conceive of free speech first and foremost as a means to achieve civic deliberation and true popular sovereignty. Building on James Madison, Sunstein proposes a "New Deal" for the first Amendment, a new interpretation that attacks undifferentiated absolutism and replaces it with a vision of responsible public life. Sunstein examines broadcasting, campaign finance, hate speech, pornography, government art funding, commercial speech, and the privacy of rape victims. He insists that political speech, essential for the functioning of any democracy, must not only be protected, but encouraged. If the government, say were to use broadcasting markets to encourage attention to public issues and diverse points of view, the First Amendment would not stand in the way. Nonpolitical speech, on the other hand, should be less fully protected when it conflicts with other interests and rights such as that of privacy.
Policing Public Opinion In The French Revolution
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Author : Charles Walton
language : en
Publisher: Oxford University Press
Release Date : 2009-02-02
Policing Public Opinion In The French Revolution written by Charles Walton and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-02 with History categories.
In the 1789 Declaration of the Rights of Man and of the Citizen, French revolutionaries proclaimed the freedom of speech, religion, and opinion. Censorship was abolished, and France appeared to be on a path towards tolerance, pluralism, and civil liberties. A mere four years later, the country descended into a period of political terror, as thousands were arrested, tried, and executed for crimes of expression and opinion. In Policing Public Opinion in the French Revolution, Charles Walton traces the origins of this reversal back to the Old Regime. He shows that while early advocates of press freedom sought to abolish pre-publication censorship, the majority still firmly believed injurious speech--or calumny--constituted a crime, even treason if it undermined the honor of sovereign authority or sacred collective values, such as religion and civic spirit. With the collapse of institutions responsible for regulating honor and morality in 1789, calumny proliferated, as did obsessions with it. Drawing on wide-ranging sources, from National Assembly debates to local police archives, Walton shows how struggles to set legal and moral limits on free speech led to the radicalization of politics, and eventually to the brutal liquidation of "calumniators" and fanatical efforts to rebuild society's moral foundation during the Terror of 1793-1794. With its emphasis on how revolutionaries drew upon cultural and political legacies of the Old Regime, this study sheds new light on the origins of the Terror and the French Revolution, as well as the history of free expression.
Social Media Freedom Of Speech And The Future Of Our Democracy
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Author : Lee C. Bollinger
language : en
Publisher: Oxford University Press
Release Date : 2022
Social Media Freedom Of Speech And The Future Of Our Democracy written by Lee C. Bollinger and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Law categories.
A broad explanation of the various dimensions of the problem of "bad" speech on the internet within the American context.One of the most fiercely debated issues of this era is what to do about "bad" speech-hate speech, disinformation and propaganda campaigns, and incitement of violence-on the internet, and in particular speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow,Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era.
The Fight For Free Speech
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Author : Ian Rosenberg
language : en
Publisher: NYU Press
Release Date : 2021-02-09
The Fight For Free Speech written by Ian Rosenberg and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-09 with Law categories.
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.
Free Expression And Democracy
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Author : Kevin W. Saunders
language : en
Publisher: Cambridge University Press
Release Date : 2017-03-21
Free Expression And Democracy written by Kevin W. Saunders and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-21 with Law categories.
An examination of differences in how the world's democracies address a variety of issues involving free expression.
The Oxford Handbook Of Freedom Of Speech
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Author : Adrienne Stone
language : en
Publisher: Oxford University Press
Release Date : 2021-01-26
The Oxford Handbook Of Freedom Of Speech written by Adrienne Stone and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-26 with Law categories.
Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.
Hate Speech And Democratic Citizenship
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Author : Eric Heinze
language : en
Publisher: Oxford University Press
Release Date : 2016-02-05
Hate Speech And Democratic Citizenship written by Eric Heinze and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-05 with Law categories.
Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.
It S Not Free Speech
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Author : Michael Bérubé
language : en
Publisher: JHU Press
Release Date : 2022-04-26
It S Not Free Speech written by Michael Bérubé and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-26 with Education categories.
"This books takes up the hot-button issues at the intersection of free speech, hate speech, and academic freedom on the contemporary college campus. It questions whether scholarship and "extramural" speech that is deemed racist, homophobic, or sexist should be exempt from the protections of academic freedom and sanctioned on campus"--
The Free Speech Century
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Author : Geoffrey R. Stone
language : en
Publisher: Oxford University Press
Release Date : 2018-11-02
The Free Speech Century written by Geoffrey R. Stone and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.
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.