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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: Harry Melkonian
Publisher:
ISBN: 9781604978209
Category : Law
Languages : en
Pages : 213
Get Book Here
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: 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: David S. Allen
Publisher: NYU Press
ISBN: 081470638X
Category : Law
Languages : en
Pages : 309
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Book Description
In a society that prides itself on the most expansive legal guarantees of free speech in history, why are so many individuals and groups frustrated by the American system of freedom of expression? As the public sphere continues to be redefined by advances in technology, and new debates about this technology crop up daily, the time has come to move from reflexive discussions about the value of more speech to a detailed assessment of the real power and limits of speech.Why, this volume asks, does the First Amendment--the very document intended to ensure the freedom of U.S. citizens--need to be freed? And from what?Long an icon in American law, politics, and journalism, the First Amendment--and the potential and real dilemmas with which it presents us--have only recently begun to be scrutinized. Challenging the idea that the only champions of free speech are traditional liberal theorists who oppose alternatives to the mainstream interpretation of the First Amendment, the contributors to this volume, among them such prominent thinkers as Frederick Schauer, Owen Fiss, and Cass Sunstein, explore new and provocative ways to think about freedom of expression. By reformulating traditional liberal and libertarian approaches to the First Amendment, this volume convincingly disputes the notion that those who question an unwavering reliance on free- and-open competition between individuals to produce free expression are necessarily enemies of free speech. It argues instead that these alleged enemies can in fact be champions as well.
Author: Geoffrey R. Stone
Publisher: Oxford University Press, USA
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: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300231865
Category : Political Science
Languages : en
Pages : 216
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Book Description
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.
Author: Kwesi Yankah
Publisher:
ISBN:
Category :
Languages : en
Pages : 46
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Book Description
Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
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Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Author: Monroe Price
Publisher: Cambridge University Press
ISBN: 1107190126
Category : Law
Languages : en
Pages : 355
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Book Description
This book explores the underlying philosophies and values that inform the speech rules that a government or community institutes.
Author: American Library Association
Publisher:
ISBN:
Category : Libraries
Languages : en
Pages : 16
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Book Description
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124
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Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
