Freedom of Speech and the Function of Rhetoric in the United States

Freedom of Speech and the Function of Rhetoric in the United States

Author: Michael Donnelly

Publisher: Lexington Books

Published: 2016-11-30

Total Pages: 121

ISBN-13: 1498513565

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This book is about Freedom of Speech and public discourse in the United States. Freedom of Speech is a major component of the cultural context in which we live, think, work, and write, generally revered as the foundation of true democracy. But the issue has a great deal more to do with social norms rooted in a web of cultural assumptions about the function of rhetoric in social organization generally, and in a democratic society specifically. The dominant, liberal notion of free speech in the United States, assumed to be self-evidently true, is, in fact, a particular historical and cultural formation, rooted in Enlightenment philosophies and dependent on a collection of false narratives about the founding of the country, the role of speech and media in its development, and the relationship between capitalism and democracy. Most importantly, this notion of freedom of speech relies on a warped sense of the function of rhetoric in democratic social organization. By privileging individual expression, at the expense of democratic deliberation, the liberal notion of free speech functions largely to suppress rather than promote meaningful public discussion and debate, and works to sustain unequal relations of power. The presumed democratization of the public sphere, via the Internet, raises more questions than it answers—who has access and who doesn’t, who commands attention and why, and what sorts of effects such expression actually has. We need to think a great deal more carefully about the values subsumed and ignored in an uncritical attachment to a particular version of the public sphere. This book seeks to illuminate the ways in which cultural framing diminishes the complexity of free speech and sublimates a range of value-choices. A more fully democratic society requires a more critical view of freedom of speech.


The Free Speech Century

The Free Speech Century

Author: Lee C. Bollinger

Publisher:

Published: 2019

Total Pages: 377

ISBN-13: 0190841370

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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.


Sensitive Rhetorics

Sensitive Rhetorics

Author: Kendall Gerdes

Publisher: University of Pittsburgh Press

Published: 2024-02-27

Total Pages: 187

ISBN-13: 0822991306

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Claims that students are too sensitive are familiar on and around college campuses. The ideas of cancel culture, safe spaces, and political correctness are used to shut down discussion and prevent students from being recognized as stakeholders in higher education and as advocates for their own interests. Further, universities can claim that student activists threaten academic freedom. In Sensitive Rhetorics, Kendall Gerdes puts these claims and common beliefs into conversation with rhetorical theory to argue that critiques of sensitivity reveal a deep societal discomfort with the idea that language is a form of action. Gerdes poses important questions: What kind of harm can language and representation actually do, and how? What responsibilities do college and university teachers bear toward their students? Sensitive Rhetorics explores the answers by surfacing submerged assumptions about higher education, the role of instructors and faculty, and the needs of an increasingly diverse student body.


Judicial Review and the National Political Process

Judicial Review and the National Political Process

Author: Jesse H. Choper

Publisher: Quid Pro Books

Published: 2013-05-16

Total Pages: 441

ISBN-13: 1610271718

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As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.


Rhetorical Public Speaking

Rhetorical Public Speaking

Author: Nathan Crick

Publisher: Routledge

Published: 2015-09-25

Total Pages: 478

ISBN-13: 1317344359

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Offers students an advanced approach to public speaking through a comprehensive discussion of rhetorical theory This text begins by addressing Aristotle's "Five Canons of the Art"-a means of covering the basics through the lens of rhetorical theory- and progresses into a sophisticated outline of understanding, constructing and delivering artful rhetoric. The book incorporates scholarship on mediated communication, pragmatic speaking genres, the rhetorical situation, and aesthetic form. Rhetorical Public Speaking aims to encourage students to be engaged citizens of society. Upon completing this book, readers will be able to: Understand Aristotle's Five Canons of Rhetoric Construct and execute speeches Explore how they can use rhetorical speech in their daily lives


Closed Chambers

Closed Chambers

Author: Edward Lazarus

Publisher: Penguin Group

Published: 1999

Total Pages: 596

ISBN-13:

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The author of "Black Hills/White Justice" offers an inside look at the most secretive institution in the American government--the Supreme Court. of photos.


Kant and the Promise of Rhetoric

Kant and the Promise of Rhetoric

Author: Scott R. Stroud

Publisher: Penn State Press

Published: 2015-04-21

Total Pages: 288

ISBN-13: 0271066067

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Immanuel Kant is rarely connected to rhetoric by those who study philosophy or the rhetorical tradition. If anything, Kant is said to see rhetoric as mere manipulation and as not worthy of attention. In Kant and the Promise of Rhetoric, Scott Stroud presents a first-of-its-kind reappraisal of Kant and the role he gives rhetorical practices in his philosophy. By examining the range of terms that Kant employs to discuss various forms of communication, Stroud argues that the general thesis that Kant disparaged rhetoric is untenable. Instead, he offers a more nuanced view of Kant on rhetoric and its relation to moral cultivation. For Kant, certain rhetorical practices in education, religious settings, and public argument become vital tools to move humans toward moral improvement without infringing on their individual autonomy. Through the use of rhetorical means such as examples, religious narratives, symbols, group prayer, and fallibilistic public argument, individuals can persuade other agents to move toward more cultivated states of inner and outer autonomy. For the Kant recovered in this book, rhetoric becomes another part of human activity that can be animated by the value of humanity, and it can serve as a powerful tool to convince agents to embark on the arduous task of moral self-cultivation.


Epicureanism and the Gospel of John

Epicureanism and the Gospel of John

Author: Fergus J. King

Publisher: Mohr Siebeck

Published: 2020-11-09

Total Pages: 241

ISBN-13: 3161595459

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The Gospel of John and Epicureanism share vocabulary and reject the conventions of Graeco-Roman theology. Would it then have been easy for an Epicurean to become a Christian or vice-versa? Fergus J. King suggests that such claims become unlikely when detailed analyses of the two traditions are set out and compared. The first step in his examination looks at evidence for potential engagement between the two traditions historically and geographically. Both traditions address concerns about the good life, death, and the divine. However, this correspondence soon unravels as their worldviews are far from identical. Shared terms (like Saviour), their respective rituals, and teaching about community life reveal substantial differences in ethos and behaviour.


Rhetoric in Ancient China, Fifth to Third Century B.C.E

Rhetoric in Ancient China, Fifth to Third Century B.C.E

Author: Xing Lu

Publisher: Univ of South Carolina Press

Published: 2022-03-10

Total Pages: 376

ISBN-13: 1643362909

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Xing Lu examines language, art, persuasion, and argumentation in ancient China and offers a detailed and authentic account of ancient Chinese rhetorical theories and practices within the society's philosophical, political, cultural, and linguistic contexts. She focuses on the works of five schools of thought and ten well-known Chinese thinkers from Confucius to Han Feizi to the the Later Mohists. Lu identifies seven key Chinese terms pertaining to speech, language, persuasion, and argumentation as they appeared in these original texts, selecting ming bian as the linchpin for the Chinese conceptual term of rhetorical studies. Lu compares Chinese rhetorical perspectives with those of the ancient Greeks, illustrating that the Greeks and the Chinese shared a view of rhetoric as an ethical enterprise and of speech as a rational and psychological activity. The two traditions differed, however, in their rhetorical education, sense of rationality, perceptions of the role of language, approach to the treatment and study of rhetoric, and expression of emotions. Lu also links ancient Chinese rhetorical perspectives with contemporary Chinese interpersonal and political communication behavior and offers suggestions for a multicultural rhetoric that recognizes both culturally specific and transcultural elements of human communication.


The Art Of Rhetoric

The Art Of Rhetoric

Author: Aristotle

Publisher: HarperCollins

Published: 2014-09-02

Total Pages: 228

ISBN-13: 1443440817

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In The Art of Rhetoric, Aristotle demonstrates the purpose of rhetoric—the ability to convince people using your skill as a speaker rather than the validity or logic of your arguments—and outlines its many forms and techniques. Defining important philosophical terms like ethos, pathos, and logos, Aristotle establishes the earliest foundations of modern understanding of rhetoric, while providing insight into its historic role in ancient Greek culture. Aristotle’s work, which dates from the fourth century B.C., was written while the author lived in Athens, remains one of the most influential pillars of philosophy and has been studied for centuries by orators, public figures, and politicians alike. HarperTorch brings great works of non-fiction and the dramatic arts to life in digital format, upholding the highest standards in ebook production and celebrating reading in all its forms. Look for more titles in the HarperTorch collection to build your digital library.