Free Speech on Campus

Free Speech on Campus

Author: Erwin Chemerinsky

Publisher: Yale University Press

Published: 2017-09-12

Total Pages: 216

ISBN-13: 0300231865

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Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.


The Oxford Handbook of Freedom

The Oxford Handbook of Freedom

Author: David Schmidtz

Publisher: Oxford University Press

Published: 2018-02-01

Total Pages: 545

ISBN-13: 0199989435

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We speak of being 'free' to speak our minds, free to go to college, free to move about; we can be cancer-free, debt-free, worry-free, or free from doubt. The concept of freedom (and relatedly the notion of liberty) is ubiquitous but not everyone agrees what the term means, and the philosophical analysis of freedom that has grown over the last two decades has revealed it to be a complex notion whose meaning is dependent on the context. The Oxford Handbook of Freedom will crystallize this work and craft the first wide-ranging analysis of freedom in all its dimensions: legal, cultural, religious, economic, political, and psychological. This volume includes 28 new essays by well regarded philosophers, as well some historians and political theorists, in order to reflect the breadth of the topic. This handbook covers both current scholarship as well as historical trends, with an overall eye to how current ideas on freedom developed. The volume is divided into six sections: conceptual frames (framing the overall debates about freedom), historical frames (freedom in key historical periods, from the ancients onward), institutional frames (freedom and the law), cultural frames (mutual expectations on our 'right' to be free), economic frames (freedom and the market), and lastly psychological frames (free will in philosophy and psychology).


Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights

Author: Bychawska-Siniarska, Dominika

Publisher: Council of Europe

Published: 2017-08-04

Total Pages: 124

ISBN-13:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.


Expression Vs. Equality

Expression Vs. Equality

Author: J. Tobin Grant

Publisher: Ohio State University Press

Published: 2004

Total Pages: 154

ISBN-13: 0814209653

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In Expression vs. Equality, J. Tobin Grant and Thomas J. Rudolph argue that although public opinion plays a vital role in judicial rulings on the legalities of various finance reform options, political scientists have yet to realize fully the complexities and nuances of public attitudes toward campaign financing. The issue of campaign finance reform exposes a real conflict between the core democratic values of equality and expression. Economic inequalities, reformers argue, allow certain groups and individuals to exert undue influence in the political process, thereby threatening the democratic value of political equality. Opponents tend to frame the issue as a question of free speech: restrictions on campaign contributions are viewed as a threat to the democratic value of political expression. In the context of campaign finance, how do committed Americans rank the importance of equality and expression? How do they resolve the conflict between these competing democratic values? The answers to these questions, say the authors, depend heavily on whose influence and whose rights are perceived to be at stake. Using a series of unique experiments embedded in a national survey of the American electorate, they find that citizens' commitment to the values of expression and equality in the campaign finance system is strongly influenced by their feelings or affect toward those whose rights and influence are perceived to be at stake. Freedom of speech is more highly valued in contexts where the respondent agrees with the issue in question; equity, on the other hand, is more highly valued when the respondent disagrees with the issue. These findings have implications not only for the continuingpublic debate over campaign finance reform, but also for our understanding of how citizens make tradeoffs between competing democratic values.


HATE

HATE

Author: Nadine Strossen

Publisher: Oxford University Press

Published: 2018-04-02

Total Pages: 233

ISBN-13: 019085913X

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The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.


The Cost of Free Speech

The Cost of Free Speech

Author: A. Levin

Publisher: Springer

Published: 2010-09-29

Total Pages: 223

ISBN-13: 0230293964

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The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.


Art and Freedom of Speech

Art and Freedom of Speech

Author: Randall P. Bezanson

Publisher: University of Illinois Press

Published: 2009

Total Pages: 330

ISBN-13: 0252034430

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Art on trial: exploring the Supreme Court's rulings on free expression


Defending Pornography

Defending Pornography

Author: Nadine Strossen

Publisher: NYU Press

Published: 2024-03-05

Total Pages: 218

ISBN-13: 1479830798

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Named a Notable Book by The New York Times Book Review in 1995, Defending Pornography examines a key question that has divided feminists for decades: is censoring pornography good or bad for women? Nadine Strossen makes a powerful case that increasing government power to censor sexual expression, beyond the limits that the First Amendment sensibly permits (for example, outlawing child pornography) would do more harm than good for women and others who have traditionally been marginalized due to sex or gender, She explains how the very anti-porn laws pushed by some feminists have led to the censorship of LGBTQ+ and feminist works, and she examines the startling connections between anti-porn feminists and right-wing fundamentalists. In an illuminating new Preface, Strossen lays out the multiple current assaults on sexual expression, which continue to come from across the ideological spectrum. She shows that freedom for such expression remains an essential prerequisite for the equality, safety, and dignity of women and sexual/gender minorities.


The First Amendment and LGBT Equality

The First Amendment and LGBT Equality

Author: Carlos A. Ball

Publisher: Harvard University Press

Published: 2017-03-27

Total Pages: 363

ISBN-13: 0674972198

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Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.