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Author: Rodney A. Smolla
Publisher: Vintage
ISBN: 0307773035
Category : Political Science
Languages : en
Pages : 445
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Book Description
This grand tour of First Amendment law underlines the intimate connection between free expression and democratic values as it leads us through the most treacherous and emotionally charged cases in American jurisprudence. “Intellectually venturesome. . . .”—The New York Times Book Review
Author: Rodney A. Smolla
Publisher: Vintage
ISBN: 0307773035
Category : Political Science
Languages : en
Pages : 445
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Book Description
This grand tour of First Amendment law underlines the intimate connection between free expression and democratic values as it leads us through the most treacherous and emotionally charged cases in American jurisprudence. “Intellectually venturesome. . . .”—The New York Times Book Review
Author: Rodney A. Smolla
Publisher: Vintage
ISBN:
Category : Law
Languages : en
Pages : 456
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Book Description
A comprehensive look at some of the dilemmas of ethics, politics & jurisprudence. Contains blow by blow analysis of recent 1st Amendment law battles.
Author: Michael Ignatieff
Publisher: Central European University Press
ISBN: 9633862728
Category : Political Science
Languages : en
Pages : 368
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Book Description
The key values of the Open Society – freedom, justice, tolerance, democracy, and respect for knowledge – are increasingly under threat in today’s world. As an effort to uphold those values, this volume brings together some of the key political, social and economic thinkers of our time to re-examine the Open Society closely in terms of its history, its achievements and failures, and its future prospects. Based on the lecture series Rethinking Open Society, which took place between 2017 and 2018 at the Central European University, the volume is deeply embedded in the history and purpose of CEU, its Open Society mission, and its belief in educating skeptical, but passionate citizens.
Author: Harry Melkonian
Publisher:
ISBN: 9781604978209
Category : Law
Languages : en
Pages : 213
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Book Description
Freedom of expression in the age of the internet--communication without borders--is a frequent subject of debate both on a political and legal level. However, the theoretical underpinnings have generally been confined to legal and philosophical analysis. These existing theories are not entirely satisfying because they cannot explain freedom of speech beyond the individual. This book presents arguments that freedom of expression in the twenty-first century can be approached as a social phenomenon through the application of sociological theory. Existing approaches are either confined to political communication or focus on individual wellbeing. In this book, sociological arguments for freedom of expression are derived from both Emile Durkheim's classical social theory and the contemporary theories of Jurgen Habermas. Application of these theories demonstrates that freedom of speech is essential from a societal point of view. This book is the first attempt to bring sociological theory into the free speech debate. Almost always viewed as an individual right, this study, using classical sociological theory, argues that freedom of expression is essential as a group right and that without an expansive freedom of expression, modern society simply cannot efficiently operate. Viewed through the lens of sociological theory, freedom of expression is seen to be not only desirable as an individual privilege but also essential as a societal right. To validate the use of classical sociological theory, the author demonstrates that empirical evidence concerning the demise of criminal libel is predicted by Durkheim's theory and that recent archeological evidence supports the continuing vitality of classical sociology. To bring sociological theory into the twenty-first century, the contributions of contemporary German sociologist Jurgen Habermas are also employed. This modern theory also validates the classical theory. Once viewed through the lens of social theory, freedom of expression as justified by traditional legal and philosophical is explored and then the two approaches are compared. While sociology and philosophy are not at odds, they are not perfectly congruent because one focuses on societal needs while the other is based on the individual. When combined, a more comprehensive perspective can be constructed and, perhaps, a more accurate need for freedom of expression is established. This is an important and ground-breaking book for political, media, and legal studies.
Author: American Library Association
Publisher:
ISBN:
Category : Libraries
Languages : en
Pages : 16
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Book Description
Author: Lee C. Bollinger
Publisher:
ISBN: 0190841370
Category : Law
Languages : en
Pages : 377
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Book Description
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.
Author: Péter Molnár
Publisher: Central European University Press
ISBN: 9633860571
Category : Political Science
Languages : en
Pages : 562
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Book Description
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.
Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 9780521655378
Category : History
Languages : en
Pages : 426
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Book Description
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.
Author: Jacob Mchangama
Publisher: Basic Books
ISBN: 154162033X
Category : Political Science
Languages : en
Pages : 430
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Book Description
“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.
Author: Spoma Jovanovic
Publisher: Rowman & Littlefield
ISBN: 1793630941
Category : Language Arts & Disciplines
Languages : en
Pages : 291
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Book Description
Expression in Contested Public Spaces: Free Speech and Civic Engagement addresses how people express themselves and their differences, in ways that amplify the many voices central to the mission of democracy. This book investigates in what ways and in what discursive forms people interrupt the status quo or unjust practices to advance positive social change. The chapters feature research activity, engaged scholarship, and creative expression to boldly frame the issues of free speech—amid attempts to chill and silence expressions of dissent—in order to demonstrate how community organizers, activists, and scholars use their voices to advance peace and justice befitting the human condition. Scholars and students of communication and the social sciences will find this book particularly interesting.
