Free Speech And The State
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Free Speech And The State
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Author : David van Mill
language : en
Publisher: Springer
Release Date : 2017-01-23
Free Speech And The State written by David van Mill and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-23 with Political Science categories.
This book addresses the question: “What should be the appropriate limits to free speech?” The author claims that it is the state, rather than abstract principles, that must provide the answer. The book defends a version of Hobbesian absolutism and rejects the dominant liberal idea that there is a right (human or civil) setting the boundaries of free speech. This liberal view can be known as the “principled defence of free speech”, in which speech is established as a constitutional principle that has priority over the state. The author instead offers an “unprincipled approach to free speech”, suggesting that the boundaries of speech must necessarily be set by the state, which in liberal democracies means through social and political contestation. The final chapter applies the argument to the topic of hate speech and argues that it is appropriate to limit such speech when it causes harm and offense. The book will be of use to students and scholars across political theory, political science, sociology, philosophy and law.
Free Speech In The United States
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Author : Zechariah Chafee
language : en
Publisher:
Release Date : 1967
Free Speech In The United States written by Zechariah Chafee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1967 with Freedom of speech categories.
Free Speech And Hate Speech In The United States
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Author : Chris Demaske
language : en
Publisher: Routledge
Release Date : 2020-10-07
Free Speech And Hate Speech In The United States written by Chris Demaske and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-07 with Social Science categories.
Free Speech and Hate Speech in the United States explores the concept and treatment of hate speech in light of escalating social tensions in the global twenty-first century, proposing a shift in emphasis from the negative protection of individual rights toward a more positive support of social equality. Drawing on Axel Honneth’s theory of recognition, the author develops a two-tiered framework for free speech analysis that will promote a strategy for combating hate speech. To illustrate how this framework might impact speech rights in the U.S., she looks specifically at hate speech in the context of symbolic speech, disparaging speech, internet speech and speech on college campuses. Entering into an ongoing debate about the role of speech in society, this book will be of key importance to First Amendment scholars, and to scholars and students of communication studies, media studies, media law, political science, feminist studies, American studies, and history.
The Irony Of Free Speech
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Author : Owen Fiss
language : en
Publisher: Harvard University Press
Release Date : 2009-06-01
The Irony Of Free Speech written by Owen Fiss and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-01 with Political Science categories.
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.
Freedom Of Speech In The United States
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Author : Thomas L. Tedford
language : en
Publisher: Strata Publishing
Release Date : 2001
Freedom Of Speech In The United States written by Thomas L. Tedford and has been published by Strata Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This work covers the development of freedom of speech from Athens, through Rome, to England and the United States. It contains an up-to-date treatment of defamation and privacy, obscenity, commercial speech, prior retraint, free press/fair trial, copyright and broadcasting, and media access.
Free Speech
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Author : Jacob Mchangama
language : en
Publisher: Hachette UK
Release Date : 2022-02-08
Free Speech written by Jacob Mchangama and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-08 with Political Science categories.
“The best history of free speech ever written and the best defense of free speech ever made.” —P.J. O’Rourke Hailed as the “first freedom,” free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Through captivating stories of free speech’s many defenders—from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Rāzī, to the anti-lynching crusader Ida B. Wells and modern-day digital activists—Mchangama reveals how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Yet the desire to restrict speech, too, is a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all stripes. Meticulously researched and deeply humane, Free Speech demonstrates how much we have gained from this principle—and how much we stand to lose without it.
Encyclopedia Of First Amendment Set
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Author : John Vile
language : en
Publisher: CQ Press
Release Date : 2008-09-25
Encyclopedia Of First Amendment Set written by John Vile and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-25 with Reference categories.
In the first work of its kind, this new and exciting two-volume reference comprehensively examines all the freedoms in the First Amendment, including free speech, press, assembly, petition, and religion. Encyclopedia of the First Amendment covers the political, historical, and cultural significance of the First Amendment. It provides exclusive, singular focus on what most people consider the essential elements of the Bill of Rights and the basic liberties that Americans enjoy.
The Free Speech Century
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Author : Geoffrey R. Stone
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-12-04
The Free Speech Century written by Geoffrey R. Stone and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-04 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.
The Fight For Free Speech
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Author : Ian Rosenberg
language : en
Publisher: NYU Press
Release Date : 2023-05-16
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 2023-05-16 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.
Liberalism Divided
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Author : Owen Fiss
language : en
Publisher: Routledge
Release Date : 2018-10-08
Liberalism Divided written by Owen Fiss and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-08 with Political Science categories.
Freedom of expression, long an issue that united liberals, now serves to drive them apart. Many feminists demand the banning of pornography; representatives of ethnic groups campaign for curbs on hate speech; liberal reformers work to restrict the funding of political campaigns and to regulate the press. Focusing on such issues, this book examines the collision of the traditional liberal ideals of equality and freedom with modern social structures, and speculates on what role the State might play in furthering public debate. The author analyzes the pressure on liberal thought resulting from such controversies as pornography, Mapplethorpe and artistic expression, the rights of street-corner orators, and the rise of the communications media.