It's Not Free Speech

It's Not Free Speech

Author: Michael Bérubé

Publisher: JHU Press

Published: 2022-04-26

Total Pages: 304

ISBN-13: 1421443880

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How far does the idea of academic freedom extend to professors in an era of racial reckoning? The protests of summer 2020, which were ignited by the murder of George Floyd, led to long-overdue reassessments of the legacy of racism and white supremacy in both American academe and cultural life more generally. But while universities have been willing to rename some buildings and schools or grapple with their role in the slave trade, no one has yet asked the most uncomfortable question: Does academic freedom extend to racist professors? It's Not Free Speech considers the ideal of academic freedom in the wake of the activism inspired by outrageous police brutality, white supremacy, and the #MeToo movement. Arguing that academic freedom must be rigorously distinguished from freedom of speech, Michael Bérubé and Jennifer Ruth take aim at explicit defenses of colonialism and theories of white supremacy—theories that have no intellectual legitimacy whatsoever. Approaching this question from two angles—one, the question of when a professor's intramural or extramural speech calls into question his or her fitness to serve, and two, the question of how to manage the simmering tension between the academic freedom of faculty and the antidiscrimination initiatives of campus offices of diversity, equity, and inclusion—they argue that the democracy-destroying potential of social media makes it very difficult to uphold the traditional liberal view that the best remedy for hate speech is more speech. In recent years, those with traditional liberal ideals have had very limited effectiveness in responding to the resurgence of white supremacism in American life. It is time, Bérubé and Ruth write, to ask whether that resurgence requires us to rethink the parameters and practices of academic freedom. Touching as well on contingent faculty, whose speech is often inadequately protected, It's Not Free Speech insists that we reimagine shared governance to augment both academic freedom and antidiscrimination initiatives on campuses. Faculty across the nation can develop protocols that account for both the new realities—from the rise of social media to the decline of tenure—and the old realities of long-standing inequities and abuses that the classic liberal conception of academic freedom did nothing to address. This book will resonate for anyone who has followed debates over #MeToo, Black Lives Matter, Critical Race Theory, and "cancel culture"; more specifically, it should have a major impact on many facets of academic life, from the classroom to faculty senates to the office of the general counsel.


Free Speech And Why It Matters

Free Speech And Why It Matters

Author: Andrew Doyle

Publisher: Constable

Published: 2021-02-25

Total Pages: 160

ISBN-13: 0349135398

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'A fantastically timely book written by one of the smartest thinkers in Britain' Piers Morgan 'Impassioned, scholarly and succinct' The Times Free speech is the bedrock of all our liberties, and yet in recent years it has come to be mistrusted. A new form of social justice activism, which perceives language as potentially violent, has prompted a national debate on where the limitations of acceptable speech should be drawn. Governments throughout Europe have enacted 'hate speech' legislation to curb the dissemination of objectionable ideas, Silicon Valley tech giants are collaborating to ensure that they control the limitations of public discourse, and campaigners in the US are calling for revisions to the First Amendment. However well-intentioned, these trends represent a threat to the freedoms that our ancestors fought and died to secure. In this incisive and fascinating book, Andrew Doyle addresses head-on the most common concerns of free speech sceptics, and offers a timely and robust defence of this most foundational of principles.


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.


It's Not Free Speech

It's Not Free Speech

Author: Michael Bérubé

Publisher: JHU Press

Published: 2022-04-26

Total Pages: 304

ISBN-13: 1421443872

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"This books takes up the hot-button issues at the intersection of free speech, hate speech, and academic freedom on the contemporary college campus. It questions whether scholarship and "extramural" speech that is deemed racist, homophobic, or sexist should be exempt from the protections of academic freedom and sanctioned on campus"--


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.


There's No Such Thing As Free Speech

There's No Such Thing As Free Speech

Author: Stanley Fish

Publisher: Oxford University Press

Published: 1994-12-15

Total Pages: 345

ISBN-13: 0198024193

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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.


Free Speech for Me--but Not for Thee

Free Speech for Me--but Not for Thee

Author: Nat Hentoff

Publisher: HarperCollins Publishers

Published: 1993

Total Pages: 420

ISBN-13:

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Hentoff's timely, fact-filled, and illuminating book describes the current assault on free speech from all points of the political spectrum--even from the traditionally liberal groups now intent on repressing opinions thought "politically incorrect".


Free Speech in Its Forgotten Years, 1870-1920

Free Speech in Its Forgotten Years, 1870-1920

Author: David M. Rabban

Publisher: Cambridge University Press

Published: 1997

Total Pages: 426

ISBN-13: 9780521655378

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Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.


The Case Against Free Speech

The Case Against Free Speech

Author: PE Moskowitz

Publisher: Hachette UK

Published: 2019-08-13

Total Pages: 272

ISBN-13: 1568588666

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A hard-hitting expose that shines a light on the powerful conservative forces that have waged a multi-decade battle to hijack the meaning of free speech--and how we can reclaim it. There's a critical debate taking place over one of our most treasured rights: free speech. We argue about whether it's at risk, whether college students fear it, whether neo-Nazis deserve it, and whether the government is adequately upholding it. But as P. E. Moskowitz provocatively shows in The Case Against Free Speech, the term has been defined and redefined to suit those in power, and in recent years, it has been captured by the Right to push their agenda. What's more, our investment in the First Amendment obscures an uncomfortable truth: free speech is impossible in an unequal society where a few corporations and the ultra-wealthy bankroll political movements, millions of voters are disenfranchised, and our government routinely silences critics of racism and capitalism. Weaving together history and reporting from Charlottesville, Skokie, Standing Rock, and the college campuses where student protests made national headlines, Moskowitz argues that these flash points reveal more about the state of our democracy than they do about who is allowed to say what. Our current definition of free speech replicates power while dissuading dissent, but a new ideal is emerging. In this forcefully argued, necessary corrective, Moskowitz makes the case for speech as a tool--for exposing the truth, demanding equality, and fighting for all our civil liberties.


Free Speech and Censorship Around the Globe

Free Speech and Censorship Around the Globe

Author: Péter Molnár

Publisher: Central European University Press

Published: 2015-02-01

Total Pages: 562

ISBN-13: 9633860571

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This book focuses on regulatory challenges of creating and sustaining freedom of speech and freedom of information two decades after the fall of the Berlin wall, in global, comparative context. Some chapters overview, others address specific issues, or describe country case studies. Instead of trying to provide an exhaustive assessment which in one volume might not reach deeper analyzes of contextual details, this book will shed light on and help better understanding of general challenges for freedom of speech and information through varying comparative examples and highlighting important regulatory questions.