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Author: J. Roberts
Publisher: Springer
ISBN: 0230513018
Category : Social Science
Languages : en
Pages : 286
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Book Description
The Aesthetics of Free Speech: Rethinking the Public Sphere is one of the first books to theoretically explore the relationship between free speech and the public sphere. By drawing upon Marxist theory the author, John Michael Roberts, demonstrates how liberal theorists frequently construct an abstract aesthetic of 'rational', 'cultivated' and 'competent' discussion which then serves as a norm through which certain utterances can be humiliated and excluded from participating fully within the public sphere. However, the author also shows how excluded utterances develop their own aesthetic of free speech and how this aesthetic then comes back to haunt the bourgeois public sphere.
Author: J. Roberts
Publisher: Springer
ISBN: 0230513018
Category : Social Science
Languages : en
Pages : 286
Get Book Here
Book Description
The Aesthetics of Free Speech: Rethinking the Public Sphere is one of the first books to theoretically explore the relationship between free speech and the public sphere. By drawing upon Marxist theory the author, John Michael Roberts, demonstrates how liberal theorists frequently construct an abstract aesthetic of 'rational', 'cultivated' and 'competent' discussion which then serves as a norm through which certain utterances can be humiliated and excluded from participating fully within the public sphere. However, the author also shows how excluded utterances develop their own aesthetic of free speech and how this aesthetic then comes back to haunt the bourgeois public sphere.
Author: Mark V. Tushnet
Publisher: NYU Press
ISBN: 1479880280
Category : Law
Languages : en
Pages : 269
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Book Description
A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
Author: Randall P. Bezanson
Publisher: University of Illinois Press
ISBN: 0252034430
Category : Art
Languages : en
Pages : 330
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Book Description
Art on trial: exploring the Supreme Court's rulings on free expression
Author: Owen Fiss
Publisher: Harvard University Press
ISBN: 9780674036918
Category : Political Science
Languages : en
Pages : 122
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Book Description
How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly uninhibited, robust, and wide-open. Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty. By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it. Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.
Author: Mark V. Tushnet
Publisher: NYU Press
ISBN: 1479805513
Category : Law
Languages : en
Pages : 269
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Book Description
The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
Author: Patricia L. Dooley
Publisher: Bloomsbury Publishing USA
ISBN: 1440843406
Category : Art
Languages : en
Pages : 177
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Book Description
This book examines how freedom of speech is reflected in pop culture by looking at numerous examples of films, websites, television shows, and songs that have touched on—and impacted—this issue. It is easy to overlook the importance of freedom of speech in our modern world, where it often seems "anything goes." In actuality, freedom of speech issues are still highly relevant in the 21st century, even if our cultural and social contexts now allow many forms of expression that were unacceptable in previous eras. This book focuses on how freedom of speech is reflected in pop culture by looking at the films, websites, television shows, and songs that have touched on—and impacted—this issue. It examines specific examples of freedom of speech issues within everything from print media to music, theater, photography, film, television, sports, video games, and social media and demonstrates that pop culture sometimes contributes to the expansion of freedom of speech.
Author: Alan Haworth
Publisher: Routledge
ISBN: 1134754000
Category : Philosophy
Languages : en
Pages : 279
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Book Description
Free Speech is a philosophical treatment of a topic which is of immense importance to all of us. Writing with great clarity, wit, and genuine concern, Alan Haworth situates the main arguments for free speech by tracing their relationship to contemporary debates in politics and political philosophy, and their historical roots to earlier controversies over religious toleration. Free Speech will appeal to anyone with an interest in philosophy, politics and current affairs.
Author: Adrienne Stone
Publisher: Oxford University Press, USA
ISBN: 019882758X
Category : Law
Languages : en
Pages : 609
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Book Description
The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.
Author: E. Gabriella Coleman
Publisher: Princeton University Press
ISBN: 0691144613
Category : Computers
Languages : en
Pages : 268
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Book Description
Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software (F/OSS) movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes that guide its production, and the political struggles through which hackers question the scope and direction of copyright and patent law. In telling the story of the F/OSS movement, the book unfolds a broader narrative involving computing, the politics of access, and intellectual property. E. Gabriella Coleman tracks the ways in which hackers collaborate and examines passionate manifestos, hacker humor, free software project governance, and festive hacker conferences. Looking at the ways that hackers sustain their productive freedom, Coleman shows that these activists, driven by a commitment to their work, reformulate key ideals including free speech, transparency, and meritocracy, and refuse restrictive intellectual protections. Coleman demonstrates how hacking, so often marginalized or misunderstood, sheds light on the continuing relevance of liberalism in online collaboration.
Author: Nigel Warburton
Publisher: OUP Oxford
ISBN: 0191622788
Category : Political Science
Languages : en
Pages : 128
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Book Description
'I disapprove of what you say, but I will defend to the death your right to say it' This slogan, attributed to Voltaire, is frequently quoted by defenders of free speech. Yet it is rare to find anyone prepared to defend all expression in every circumstance, especially if the views expressed incite violence. So where do the limits lie? What is the real value of free speech? Here, Nigel Warburton offers a concise guide to important questions facing modern society about the value and limits of free speech: Where should a civilized society draw the line? Should we be free to offend other people's religion? Are there good grounds for censoring pornography? Has the Internet changed everything? This Very Short Introduction is a thought-provoking, accessible, and up-to-date examination of the liberal assumption that free speech is worth preserving at any cost. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
