Law Liberalism And Free Speech
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Law Liberalism And Free Speech
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Author : D. F. B. Tucker
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 1985
Law Liberalism And Free Speech written by D. F. B. Tucker and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.
Contested Words
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Author : Ian Cram
language : en
Publisher: Routledge
Release Date : 2016-05-13
Contested Words written by Ian Cram and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-13 with Political Science categories.
In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, such judicial intervention has trivialized and impoverished democratic politics. For others judges have contributed to a dynamic and healthy dialogue between the different spheres of the constitution, removed from pressures imposed on elected representatives to respond to popular sentiment. This book provides a critical evaluation of ongoing debates surrounding the judicial role in protecting fundamental human rights, focusing in particular on legislative/executive abridgment of a core freedom in western society - namely, liberty of expression. A range of types of expression are considered, including expression related to electoral processes, political expression in general and sexually explicit forms of expression.
Freeing The First Amendment
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Author : David S. Allen
language : en
Publisher: NYU Press
Release Date : 1995-11
Freeing The First Amendment written by David S. Allen and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-11 with Law categories.
In a society that prides itself on the most expansive legal guarantees of free speech in history, why are so many individuals and groups frustrated by the American system of freedom of expression? As the public sphere continues to be redefined by advances in technology, and new debates about this technology crop up daily, the time has come to move from reflexive discussions about the value of more speech to a detailed assessment of the real power and limits of speech.Why, this volume asks, does the First Amendment--the very document intended to ensure the freedom of U.S. citizens--need to be freed? And from what?Long an icon in American law, politics, and journalism, the First Amendment--and the potential and real dilemmas with which it presents us--have only recently begun to be scrutinized. Challenging the idea that the only champions of free speech are traditional liberal theorists who oppose alternatives to the mainstream interpretation of the First Amendment, the contributors to this volume, among them such prominent thinkers as Frederick Schauer, Owen Fiss, and Cass Sunstein, explore new and provocative ways to think about freedom of expression. By reformulating traditional liberal and libertarian approaches to the First Amendment, this volume convincingly disputes the notion that those who question an unwavering reliance on free- and-open competition between individuals to produce free expression are necessarily enemies of free speech. It argues instead that these alleged enemies can in fact be champions as well.
No Escape
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Author : Paul Passavant
language : en
Publisher: NYU Press
Release Date : 2003-10
No Escape written by Paul Passavant and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-10 with Law categories.
Conventional legal and political scholarship places liberalism, which promotes and defends individual legal rights, in direct opposition to communitarianism, which focuses on the greater good of the social group. According to this mode of thought, liberals value legal rights for precisely the same reason that communitarians seek to limit their scope: they privilege the individual over the community. However, could it be that liberalism is not antithetical to social group identities like nationalism as is traditionally understood? Is it possible that those who assert liberal rights might even strengthen aspects of nationalism? No Escape argues that this is exactly the case, beginning with the observation that, paradoxical as it might seem, liberalism and nationalism have historically coincided in the United States. No Escape proves that liberal government and nationalism can mutually reinforce each other, taking as its example a preeminent and seemingly universal liberal legal right, freedom of speech, and illustrating how it can function in a way that actually reproduces nationally exclusive conditions of power. No Escape boldly re-evaluates the relationship between liberal rights and the community at a time when the call has gone out for the nation to defend the freedom to live our way of life. Passavant challenges us to reconsider traditional modes of thought, providing a fresh perspective on seemingly intransigent political and legal debates.
Democracy And The Mass Media
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Author : Judith Lichtenberg
language : en
Publisher: Cambridge University Press
Release Date : 1990-05-25
Democracy And The Mass Media written by Judith Lichtenberg 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 1990-05-25 with Philosophy categories.
These essays discuss US policy in regulating the media and the reconciliation of the First Amendment.
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.
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.
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.
Speech Rights In America
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Author : Laura Stein
language : en
Publisher: University of Illinois Press
Release Date : 2010-10-01
Speech Rights In America written by Laura Stein and has been published by University of Illinois Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-01 with Law categories.
The First Amendment is the principle guarantor of speech rights in the United States. But the Supreme Court's interpretations of it often privilege the interests of media owners over those of the broader citizenry. Laura Stein argues that such rulings alienate citizens from their rights, corrupt the essential workings of democracy, and prevent the First Amendment from performing its critical role as a protector of free speech. Drawing on the best of the liberal democratic tradition, Stein demonstrates that there is a significant gap between First Amendment law and the speech rights necessary to democratic communication, and proposes an alternative set of principles to guide future judicial, legislative, and cultural policy on old and new media.
There S No Such Thing As Free Speech
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Author : Stanley Fish
language : en
Publisher: Oxford University Press
Release Date : 1994-12-15
There S No Such Thing As Free Speech written by Stanley Fish 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 1994-12-15 with Literary Criticism categories.
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.