The Case Against Free Speech

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Publisher : Hachette UK
ISBN 13 : 1568588666
Total Pages : 272 pages
Book Rating : 4.5/5 (685 download)

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Book Synopsis The Case Against Free Speech by : PE Moskowitz

Download or read book The Case Against Free Speech written by PE Moskowitz and published by Hachette UK. This book was released on 2019-08-13 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Fight for Free Speech

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Publisher : NYU Press
ISBN 13 : 1479825913
Total Pages : 311 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis The Fight for Free Speech by : Ian Rosenberg

Download or read book The Fight for Free Speech written by Ian Rosenberg and published by NYU Press. This book was released on 2023-05-16 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Democracy and the Problem of Free Speech

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Publisher : Simon and Schuster
ISBN 13 : 1439105359
Total Pages : 344 pages
Book Rating : 4.4/5 (391 download)

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Book Synopsis Democracy and the Problem of Free Speech by : Cass R. Sunstein

Download or read book Democracy and the Problem of Free Speech written by Cass R. Sunstein and published by Simon and Schuster. This book was released on 1995-02-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation. -- Akhil Amar, Southmayd Professor, Yale Law School This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy. -- Joshua Cohen, Massachusetts Institute of Technology How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject. -- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University

First Things First

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Publisher : Top Five Books LLC
ISBN 13 : 1938938410
Total Pages : 508 pages
Book Rating : 4.9/5 (389 download)

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Book Synopsis First Things First by : Ronald K.L. Collins

Download or read book First Things First written by Ronald K.L. Collins and published by Top Five Books LLC. This book was released on 2019-09-09 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Things First is a college coursebook like no other. Written by three First Amendment experts and professors, the book provides students with the fundamentals of modern American free speech law in a clear, concise, and accessible manner. First Things First also introduces readers to First Amendment issues related to topics such as student speech, freedom of the press, civil rights, LGBTQ rights, advertising, music censorship, and artificial intelligence. The text includes scores of audio and video links, photographs, and helpful study-aid summaries and questions. First Things First’s vibrant and engaging tone ensures readers will leave this book with a dynamic understanding of their rights and the value of free speech. “First Things First sets the standard for teaching free speech law.… It combines clearly-written case narratives with frequent excursions to a rich trove of other online material—including video and audio files—that provide additional legal and historical context.” —Stephen D. Solomon (founding editor, First Amendment Watch) “With admirable clarity and brevity, First Things First covers the field of First Amendment law and theory in a readable and accessible way.… This innovative book explains not just the fundamentals of First Amendment law, but how we got to where we are, and why.” —Robert Corn-Revere (First Amendment lawyer) First Things First is a welcome addition to the course materials for students studying law, journalism, history, political science, government and a host of other disciplines. —Lucy A. Dalglish, dean and professor, Philip Merrill College of Journalism, University of Maryland First Things First is an incredibly insightful and inviting introduction to U.S. speech and press law. Its approach makes its content completely accessible to beginner and expert alike. But even better, its scores of online links to additional layers of material—including streaming audio and video—make this narrative and case-oriented resource like no other. In addition to teaching the law, the various elements help to reveal what it means to live in a free speech society. First Things First is made for the 21st century student—and professor. —Joseph Russomanno, Associate Professor, Arizona State University

Dare to Speak

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Publisher : HarperCollins
ISBN 13 : 0062966065
Total Pages : 248 pages
Book Rating : 4.0/5 (629 download)

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Book Synopsis Dare to Speak by : Suzanne Nossel

Download or read book Dare to Speak written by Suzanne Nossel and published by HarperCollins. This book was released on 2020-07-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A must read."—Margaret Atwood A vital, necessary playbook for navigating and defending free speech today by the CEO of PEN America, Dare To Speak provides a pathway for promoting free expression while also cultivating a more inclusive public culture. Online trolls and fascist chat groups. Controversies over campus lectures. Cancel culture versus censorship. The daily hazards and debates surrounding free speech dominate headlines and fuel social media storms. In an era where one tweet can launch—or end—your career, and where free speech is often invoked as a principle but rarely understood, learning to maneuver the fast-changing, treacherous landscape of public discourse has never been more urgent. In Dare To Speak, Suzanne Nossel, a leading voice in support of free expression, delivers a vital, necessary guide to maintaining democratic debate that is open, free-wheeling but at the same time respectful of the rich diversity of backgrounds and opinions in a changing country. Centered on practical principles, Nossel’s primer equips readers with the tools needed to speak one’s mind in today’s diverse, digitized, and highly-divided society without resorting to curbs on free expression. At a time when free speech is often pitted against other progressive axioms—namely diversity and equality—Dare To Speak presents a clear-eyed argument that the drive to create a more inclusive society need not, and must not, compromise robust protections for free speech. Nossel provides concrete guidance on how to reconcile these two sets of core values within universities, on social media, and in daily life. She advises readers how to: Use language conscientiously without self-censoring ideas; Defend the right to express unpopular views; And protest without silencing speech. Nossel warns against the increasingly fashionable embrace of expanded government and corporate controls over speech, warning that such strictures can reinforce the marginalization of lesser-heard voices. She argues that creating an open market of ideas demands aggressive steps to remedy exclusion and ensure equal participation. Replete with insightful arguments, colorful examples, and salient advice, Dare To Speak brings much-needed clarity and guidance to this pressing—and often misunderstood—debate.

Case Against the New Censorship

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Publisher : Simon and Schuster
ISBN 13 : 1510767746
Total Pages : 141 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Case Against the New Censorship by : Alan Dershowitz

Download or read book Case Against the New Censorship written by Alan Dershowitz and published by Simon and Schuster. This book was released on 2021-04-20 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Case Against the New Censorship: Protecting Free Speech from Big Tech, Progressives, and Universities​, Alan Dershowitz—New York Times bestselling author and one of America’s most respected legal scholars—analyzes the current regressive war against freedom of speech being waged by well-meaning but dangerous censors and proposes steps that can be taken to defend, reclaim, and strengthen freedom of speech and other basic liberties that are under attack. Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. He is also a fair-minded and even-handed expert on the Constitution and our civil liberties, and in this book offers his knowledge and insight to help readers understand the war being waged against free speech by the ostensibly well-meaning forces seeking to constrain this basic right. The Case Against the New Censorship is an analysis of every aspect of the current fight against freedom of speech, from the cancellations and deplatformings practiced by so-called progressives, to the powerful, seemingly arbitrary control exerted by Big Tech and social media companies, to the stifling of debate and controversial thinking at public and private universities. It assesses the role of the Trump presidency in energizing this backlash against basic liberties and puts it into a broader historical context as it examines how anti-Trump zealots weaponized, distorted, and weakened constitutional protections in an effort to “get” Trump by any means. In the end, The Case Against the New Censorship represents an icon in American law and politics exploring the current rapidly changing attitudes toward the value of free speech and assessing potential ways to preserve our civil liberties. It is essential reading for anyone interested in or concerned about freedom of speech and the efforts to constrain it, the possible effects this could have on our society, and the significance of both freedom of speech and the battle against it in a greater historical and political context.

Free Speech in Its Forgotten Years, 1870-1920

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Publisher : Cambridge University Press
ISBN 13 : 9780521655378
Total Pages : 426 pages
Book Rating : 4.6/5 (553 download)

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Book Synopsis Free Speech in Its Forgotten Years, 1870-1920 by : David M. Rabban

Download or read book Free Speech in Its Forgotten Years, 1870-1920 written by David M. Rabban and published by Cambridge University Press. This book was released on 1997 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Free Speech on Campus

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Publisher : Yale University Press
ISBN 13 : 0300231865
Total Pages : 216 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Free Speech on Campus by : Erwin Chemerinsky

Download or read book Free Speech on Campus written by Erwin Chemerinsky and published by Yale University Press. This book was released on 2017-09-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Free Speech

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Publisher : Hachette UK
ISBN 13 : 154162033X
Total Pages : 430 pages
Book Rating : 4.5/5 (416 download)

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Book Synopsis Free Speech by : Jacob Mchangama

Download or read book Free Speech written by Jacob Mchangama and published by Hachette UK. This book was released on 2022-02-08 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The best history of free speech ever written and the best defense of free speech ever made.” —P.J. O’Rourke Hailed as the “first freedom,” free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Through captivating stories of free speech’s many defenders—from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Rāzī, to the anti-lynching crusader Ida B. Wells and modern-day digital activists—Mchangama reveals how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Yet the desire to restrict speech, too, is a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all stripes. Meticulously researched and deeply humane, Free Speech demonstrates how much we have gained from this principle—and how much we stand to lose without it.

It's Not Free Speech

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Publisher : JHU Press
ISBN 13 : 1421443880
Total Pages : 304 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis It's Not Free Speech by : Michael Bérubé

Download or read book It's Not Free Speech written by Michael Bérubé and published by JHU Press. This book was released on 2022-04-26 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Harm in Hate Speech

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Publisher : Harvard University Press
ISBN 13 : 0674069919
Total Pages : 271 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Harm in Hate Speech by : Jeremy Waldron

Download or read book The Harm in Hate Speech written by Jeremy Waldron and published by Harvard University Press. This book was released on 2012-06-08 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.

Too Much Free Speech?

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Publisher : University of Illinois Press
ISBN 13 : 0252094220
Total Pages : 283 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis Too Much Free Speech? by : Randall P. Bezanson

Download or read book Too Much Free Speech? written by Randall P. Bezanson and published by University of Illinois Press. This book was released on 2012-10-15 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Randall P. Bezanson takes up an essential and timely inquiry into the Constitutional limits of the Supreme Court's power to create, interpret, and enforce one of the essential rights of American citizens. Analyzing contemporary Supreme Court decisions from the past fifteen years, Bezanson argues that judicial interpretations have fundamentally and drastically expanded the meaning and understanding of "speech." Bezanson focuses on judgments such as the much-discussed Citizens United case, which granted the full measure of constitutional protection to speech by corporations, and the Doe vs. Reed case in Washington state, which recognized the signing of petitions and voting in elections as acts of free speech. In each case study, he questions whether the meaning of speech has been expanded too far and critically assesses the Supreme Court's methodology in reaching and explaining its expansive conclusions.

Free Speech On Trial

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Publisher : University of Alabama Press
ISBN 13 : 081735025X
Total Pages : 356 pages
Book Rating : 4.8/5 (173 download)

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Book Synopsis Free Speech On Trial by : Richard A. Parker

Download or read book Free Speech On Trial written by Richard A. Parker and published by University of Alabama Press. This book was released on 2003-07-21 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Free Speech And Why It Matters

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Author :
Publisher : Constable
ISBN 13 : 0349135398
Total Pages : 160 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis Free Speech And Why It Matters by : Andrew Doyle

Download or read book Free Speech And Why It Matters written by Andrew Doyle and published by Constable. This book was released on 2021-02-25 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Speak Freely

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Publisher : Princeton University Press
ISBN 13 : 0691181608
Total Pages : 226 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Speak Freely by : Keith E. Whittington

Download or read book Speak Freely written by Keith E. Whittington and published by Princeton University Press. This book was released on 2018-04-10 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why free speech is the lifeblood of colleges and universities Free speech is under attack at colleges and universities today, with critics on and off campus challenging the value of open inquiry and freewheeling intellectual debate. Too often speakers are shouted down, professors are threatened, and classes are disrupted. In Speak Freely, Keith Whittington argues that universities must protect and encourage free speech because vigorous free speech is the lifeblood of the university. Without free speech, a university cannot fulfill its most basic, fundamental, and essential purposes, including fostering freedom of thought, ideological diversity, and tolerance. Examining such hot-button issues as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, the use of social media by faculty, and academic politics, Speak Freely describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why free speech and civil discourse are at the heart of the university’s mission of creating and nurturing an open and diverse community dedicated to learning. It shows why universities must make space for voices from both the left and right. And it points out how better understanding why the university lives or dies by free speech can help guide everyone—including students, faculty, administrators, and alumni—when faced with difficult challenges such as unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely demonstrates why universities can succeed only by fostering more free speech, more free thought—and a greater tolerance for both.

Freedom for the Thought That We Hate

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Publisher : ReadHowYouWant.com
ISBN 13 : 1458758389
Total Pages : 262 pages
Book Rating : 4.4/5 (587 download)

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Book Synopsis Freedom for the Thought That We Hate by : Anthony Lewis

Download or read book Freedom for the Thought That We Hate written by Anthony Lewis and published by ReadHowYouWant.com. This book was released on 2010 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.

The Free Speech Century

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Publisher : Oxford University Press, USA
ISBN 13 : 0190841370
Total Pages : 377 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Free Speech Century by : Geoffrey R. Stone

Download or read book The Free Speech Century written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2018-12-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.