Free Speech On Trial
Free Speech On Trial

Author: Richard A. Parker

Publisher: University of Alabama Press

Published: 2003-07-21

Total Pages: 356

ISBN-13: 081735025X

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Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them. At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices. Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures. Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.

Campus Hate Speech on Trial
Campus Hate Speech on Trial

Author: Timothy C. Shiell

Publisher:

Published: 2009

Total Pages: 276

ISBN-13:

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Ban it! the initial arguments for campus speech codes -- Wayne dick's plea: the critics fight back -- See you in court: the campus hate speech cases -- Hostile environment takes a front seat -- The attack on hostile environment -- And the verdict is -- The debate: 1998-2008.

Free Speech and Democracy in Ancient Athens
Free Speech and Democracy in Ancient Athens

Author: Arlene W. Saxonhouse

Publisher: Cambridge University Press

Published: 2005-12-19

Total Pages: 247

ISBN-13: 1139447424

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This book illuminates the distinctive character of our modern understanding of the basis and value of free speech by contrasting it with the very different form of free speech that was practised by the ancient Athenians in their democratic regime. Free speech in the ancient democracy was not a protected right but an expression of the freedom from hierarchy, awe, reverence and shame. It was thus an essential ingredient of the egalitarianism of that regime. That freedom was challenged by the consequences of the rejection of shame (aidos) which had served as a cohesive force within the polity. Through readings of Socrates's trial, Greek tragedy and comedy, Thucydides's History, and Plato's Protagoras this volume explores the paradoxical connections between free speech, democracy, shame, and Socratic philosophy and Thucydidean history as practices of uncovering.

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

The Fight for Free Speech
The Fight for Free Speech

Author: Ian Rosenberg

Publisher: NYU Press

Published: 2023-05-16

Total Pages: 311

ISBN-13: 1479825913

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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.

How Free Speech Saved Democracy
How Free Speech Saved Democracy

Author: Christopher M. Finan

Publisher: Steerforth Press / Truth to Power

Published: 2022-04-26

Total Pages: 193

ISBN-13: 1586422995

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“A historical demonstration of the indispensability of the First Amendment [and] … an earnest and timely argument for [its] enduring value.” —Kirkus Reviews "Great storytelling about the history and importance of the First Amendment, from someone who has spent his life defending — and using — it." —Mary Beth Tinker Free speech is not an obstacle to change: it is the way change happens Uncovering vivid and engaging stories about First Amendment pioneers, How Free Speech Saved Democracy shows how their struggle made possible the surging protests that aim to expand democracy today. How Free Speech Saved Democracy is a revealing reminder that First Amendment rights have often been curtailed in efforts to block progress, and that current measures to reduce hurtful language and to end hate speech could backfire on those who promote them. To those who see free speech as a threat to democracy, Finan offers engaging evidence from a long and sometimes challenging history of free speech in America to show how free speech has been essential to expanding democracy. From the beginning of American history, free speech has been used to advocate for change. In the 19th century, abolitionists, advocates for women’s rights, and leaders of the labor movement had to fight for free speech. In the 20th century, the civil rights and anti-war movements expanded free speech, creating a shield for every protest movement we see today. Written by a historian who became a full-time defender of civil liberties and has spent four decades advocating for the rights of victims of censorship, this book grew out of Finan’s desire to address the declining support for free speech that is occurring as our country becomes increasingly polarized. Through his evocative storytelling Finan demonstrates how the most effective antidote for the growth of hate speech and violence is support for and cultivation of the robust alternative of free speech.

Howl on Trial
Howl on Trial

Author: Bill Morgan

Publisher: City Lights Books

Published: 2021-01-06

Total Pages: 244

ISBN-13: 0872868451

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To celebrate the 50th anniversary of Howl and Other Poems, with nearly one million copies in print, City Lights presents the story of editing, publishing and defending Allen Ginsberg’s landmark poem within a broader context of obscenity issues and censorship of literary works. This collection begins with an introduction by publisher Lawrence Ferlinghetti, who shares his memories of hearing Howl first read at the 6 Gallery, of his arrest and of the subsequent legal defense of Howl’s publication. Never-before-published correspondence of Ginsberg, Ferlinghetti, Kerouac, Gregory Corso, John Hollander, Richard Eberhart and others provides an in-depth commentary on the poem’s ethical intent and its social significance to the author and his contemporaries. A section on the public reaction to the trial includes newspaper reportage, op-ed pieces by Ginsberg and Ferlinghetti and letters to the editor from the public, which provide fascinating background material on the cultural climate of the mid-1950s. A timeline of literary censorship in the United States places this battle for free expression in a historical context. Also included are photographs, transcripts of relevant trial testimony, Judge Clayton Horn’s decision and its ramifications and a long essay by Albert Bendich, the ACLU attorney who defended Howl on constitutional grounds. Editor Bill Morgan discusses more recent challenges to Howl in the late 1980s and how the fight against censorship continues today in new guises.

Encyclopedia Of First Amendment Set
Encyclopedia Of First Amendment Set

Author: John Vile

Publisher: CQ Press

Published: 2008-09-25

Total Pages: 1464

ISBN-13: 9780872893115

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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.