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Free Expression and Democracy in America

Author: Stephen M. Feldman

Publisher: University of Chicago Press

Published: 2009-05-15

Total Pages: 596

ISBN-13: 0226240746

From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. If the connection between democracy and the freedom of speech is such a vital one, why would so many governmental leaders seek to quiet their citizens? Free Expression and Democracy in America traces two rival traditions in American culture—suppression of speech and dissent as a form of speech—to provide an unparalleled overview of the law, history, and politics of individual rights in the United States. Charting the course of free expression alongside the nation’s political evolution, from the birth of the Constitution to the quagmire of the Vietnam War, Stephen M. Feldman argues that our level of freedom is determined not only by the Supreme Court, but also by cultural, social, and economic forces. Along the way, he pinpoints the struggles of excluded groups—women, African Americans, and laborers—to participate in democratic government as pivotal to the development of free expression. In an age when our freedom of speech is once again at risk, this momentous book will be essential reading for legal historians, political scientists, and history buffs alike.

The Power of Free Expression in America (Second Edition)

Author: Jerry Dunklee

Publisher: Cognella Academic Publishing

Published: 2019-03

Total Pages:

ISBN-13: 9781516545100

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The rights to free speech, press, religion, assembly, and petition are among the most important in a democracy. Without freedom to express one's ideas, democratic values such as the right to criticize government and society become hollow. To protect these freedoms, citizens must understand the roots, of the First Amendment, how it is challenged, and why it is so essential to a free people. The Power of Free Expression in America introduces the five freedoms protected by the First Amendment and explores the historic roots of freedom of expression from John Milton's Areopagitica to current law. It teaches the value of free speech, the role of the press in a free society, and the public's right to know. It defines news, addresses journalism ethics, public trust in the news media, hate speech, media ownership, broadcast regulations, invasion of privacy, and more -- including advice for using the power of free speech effectively. The text includes examples, articles, and court cases to illustrate the First Amendment in action and discuss its power. The second edition features new content that speaks to "fake news," expression in the digital age, and the impact of social media on free speech. Chapters on the Internet, the news, politics and the media, and what the future might hold have been updated to reflect recent developments. The Power of Free Expression in America is ideal for courses in journalism, communication, media studies, history, government, civics, or any course that explores the First Amendment and press in the United States. It is a valuable tool for teachers and students as society wrestles with the evolving role of First Amendment rights in America.

The Taming of Free Speech

Author: Laura Weinrib

Publisher: Harvard University Press

Published: 2016-10-10

Total Pages: 472

ISBN-13: 0674545710

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In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

Free Speech and Unfree News

Author: Sam Lebovic

Publisher: Harvard University Press

Published: 2016-03-14

Total Pages: 183

ISBN-13: 0674969596

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Does America have a free press? Many who answer yes appeal to First Amendment protections that shield the press from government censorship. But in this comprehensive history of American press freedom as it has existed in theory, law, and practice, Sam Lebovic shows that, on its own, the right of free speech has been insufficient to guarantee a free press. Lebovic recovers a vision of press freedom, prevalent in the mid-twentieth century, based on the idea of unfettered public access to accurate information. This “right to the news” responded to persistent worries about the quality and diversity of the information circulating in the nation’s news. Yet as the meaning of press freedom was contested in various arenas—Supreme Court cases on government censorship, efforts to regulate the corporate newspaper industry, the drafting of state secrecy and freedom of information laws, the unionization of journalists, and the rise of the New Journalism—Americans chose to define freedom of the press as nothing more than the right to publish without government censorship. The idea of a public right to all the news and information was abandoned, and is today largely forgotten. Free Speech and Unfree News compels us to reexamine assumptions about what freedom of the press means in a democratic society—and helps us make better sense of the crises that beset the press in an age of aggressive corporate consolidation in media industries, an increasingly secretive national security state, and the daily newspaper’s continued decline.

We Must Not Be Afraid to Be Free

Author: Ronald K.L. Collins

Publisher: Oxford University Press

Published: 2011-02-25

Total Pages: 448

ISBN-13: 0195175727

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In a stinging dissent to a 1961 Supreme Court decision that allowed the Illinois state bar to deny admission to prospective lawyers if they refused to answer political questions, Justice Hugo Black closed with the memorable line, "We must not be afraid to be free." Black saw the First Amendment as the foundation of American freedom - the guarantor of all other Constitutional rights. Yet since free speech is by nature unruly, people fear it. Consequently, the impulse to curb or limit it has been a constant danger throughout American history. In We Must Not Be Afraid to Be Free, two of America's leading free speech scholar-activists, Ron Collins and Sam Chaltain, provide an authoritative history of free speech in modern America. Each chapter is an engaging narrative account of a landmark First Amendment case that foregrounds the colorful people involved-judges, plaintiffs, attorneys, defendants-and the issue at stake. Cumulatively, the chapters provide a definitive account of how the First Amendment evolved over the course of a century. Tracing the development of free speech rights from a more restrictive era-the early twentieth century-through the Warren Court revolution of the 1960s and up to the current post 9/11 era of heightened security concerns, Collins and Chaltain not only cover the history of an ideal, but explain in accessible language how the law surrounding the ideal transformed. Essential for anyone interested in this most essential of rights, We Must Not Be Afraid to Be Free will be a standard work on free speech for years to come.

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.

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.

The Free Speech Century

Author: Geoffrey R. Stone

Publisher: Oxford University Press, USA

Published: 2018-12-04

Total Pages: 377

ISBN-13: 0190841370

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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.

The Short Life and Curious Death of Free Speech in America

Author: Ellis Cose

Publisher: HarperCollins

Published: 2020-09-15

Total Pages: 167

ISBN-13: 0062999737

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Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.

The Rise and Fall of Free Speech in America

Author: David Wark Griffith

Publisher:

Published: 1916

Total Pages: 80

ISBN-13:

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