Freedom Of Speech In The Marketplace Of Ideas

Author : Douglas M. Fraleigh,Joseph S. Tuman
Publisher : SAGE
Page : 472 pages
File Size : 53,8 Mb
Release : 2010-05-19
Category : Law
ISBN : 9781452236902

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Freedom of Expression in the Marketplace of Ideas by Douglas M. Fraleigh,Joseph S. Tuman Pdf

A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the "Marketplace of Ideas" metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in "big picture" issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions

Author : John Stuart Mill
Publisher : Unknown
Page : 404 pages
File Size : 44,6 Mb
Release : 1895
Category : Liberty
ISBN : HARVARD:32044024786071

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On Liberty by John Stuart Mill Pdf

Author : Douglas M. Fraleigh,Joseph S. Tuman
Publisher : Bedford/St. Martin's
Page : 378 pages
File Size : 41,6 Mb
Release : 1996-10-15
Category : Language Arts & Disciplines
ISBN : 0312117159

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Freedom of Speech in the Marketplace of Ideas by Douglas M. Fraleigh,Joseph S. Tuman Pdf

Designed for communication and political science courses in freedom of speech, this text encourages students to think critically about freedom of speech and provides a comprehensive analysis of the historical and legal contexts of the first amendment, from its foundations through censorship on the Internet.

Author : Douglas Fraleigh
Publisher : Unknown
Page : 128 pages
File Size : 51,5 Mb
Release : 2011
Category : Freedom of expression
ISBN : 1452275211

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Freedom of Expression in the Marketplace of Ideas by Douglas Fraleigh Pdf

The authors address current free expression issues & analyze the historical legal contexts of the First Amendment. Designed for communication and political science courses in freedom of speech, this text encourages students to think critically about freedom of speech.

Author : Douglas M. Fraleigh,Joseph S. Tuman
Publisher : SAGE Publications
Page : 473 pages
File Size : 41,7 Mb
Release : 2010-05-19
Category : Law
ISBN : 9781412974677

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Freedom of Expression in the Marketplace of Ideas by Douglas M. Fraleigh,Joseph S. Tuman Pdf

This book addresses current free expression issues and analyzes the historical and legal contexts for the First Amendment. Designed for communication and political science courses in freedom of speech, this text encourages students to think critically about freedom of speech and provides a comprehensive analysis of the historical and legal contexts of the first amendment, from its early foundations through censorship on the Internet. This book explores the worldwide history of freedom of expression and examines classic and contemporary judicial opinions which have determined freedom of speech rights in the U.S. This text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. KEY FEATURES & BENEFITS: - Focuses on landmark Supreme Court free expression decisions and covers follow-up cases that extend and apply these decisions (via significant excerpts from actual cases) so that students can consider the effect of decisions on freedom of expression and the competing values at stake in these cases. - Covers freedom of expression topics in both speech and mediated situations, with comprehensive coverage of such topics obscenity; fighting words and hate speech; national security; invasion of privacy; defamation.

Author : Ian Rosenberg
Publisher : NYU Press
Page : 311 pages
File Size : 51,6 Mb
Release : 2023-05-16
Category : Law
ISBN : 9781479825912

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The Fight for Free Speech by Ian Rosenberg Pdf

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.

Author : Charlotte Lydia Riley
Publisher : Unknown
Page : 240 pages
File Size : 53,7 Mb
Release : 2021-01-12
Category : Political Science
ISBN : 1526152541

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The Free Speech Wars by Charlotte Lydia Riley Pdf

Assembling a diverse group of commentators, activists and academics, this book answers the following questions: who gets to exercise free speech and who does not? What happens when powerful voices think they have been silenced? Why do some issues become sites of free speech battles and what are the consequences of this? How do the spaces and structures of 'speech' - mass media, the internet, the lecture theatre, the public event, the political rally - shape this debate?Ultimately, the book argues that free speech is invoked by actors right across the political spectrum, but that in reality very few of the debates have a clear or coherent idea of what is meant by the concept of 'free speech'.

Author : Susan J. Brison,Katharine Gelber
Publisher : Oxford University Press
Page : 320 pages
File Size : 45,8 Mb
Release : 2019-02-27
Category : Philosophy
ISBN : 9780190883621

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Free Speech in the Digital Age by Susan J. Brison,Katharine Gelber Pdf

This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.

Author : C. Edwin Baker
Publisher : Oxford University Press
Page : 396 pages
File Size : 43,9 Mb
Release : 1992-10-01
Category : Law
ISBN : 9780195360028

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Human Liberty and Freedom of Speech by C. Edwin Baker Pdf

Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.

Author : Mark A. Graber
Publisher : Univ of California Press
Page : 351 pages
File Size : 52,7 Mb
Release : 2023-11-10
Category : Political Science
ISBN : 9780520913134

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Transforming Free Speech by Mark A. Graber Pdf

Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.

Author : Suzanne Nossel
Publisher : HarperCollins
Page : 248 pages
File Size : 47,6 Mb
Release : 2020-07-28
Category : Philosophy
ISBN : 9780062966063

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Dare to Speak by Suzanne Nossel Pdf

"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.

Author : Thomas Healy
Publisher : Picador
Page : 0 pages
File Size : 53,7 Mb
Release : 2014-09-09
Category : History
ISBN : 1250058694

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The Great Dissent by Thomas Healy Pdf

A gripping intellectual history reveals how Oliver Wendell Holmes became a free-speech advocate and established the modern understanding of the First Amendment No right seems more fundamental to American life than freedom of speech. Yet well into the twentieth century that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court Justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.

Author : Beata Klimkiewicz
Publisher : Central European University Press
Page : 364 pages
File Size : 47,9 Mb
Release : 2010-05-10
Category : Social Science
ISBN : 9786155211850

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Media Freedom and Pluralism by Beata Klimkiewicz Pdf

Addresses a critical analysis of major media policies in the European Union and Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy-making and reconfiguration of traditional regulatory models. The analytical problem-related approach seems to better reflect a media policy process as an interrelated part of European integration, formation of European citizenship, and exercise of communication rights within the European communicative space. The question of normative expectations is to be compared in this case with media policy rationales, mechanisms of implementation (transposing rules from EU to national levels), and outcomes.

Author : Robert S. Peck
Publisher : American Library Association
Page : 236 pages
File Size : 44,8 Mb
Release : 2000
Category : Computers
ISBN : 0838907733

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Libraries, the First Amendment, and Cyberspace by Robert S. Peck Pdf

Provides answers to questions librarians often have about the First Amendment and library services, discussing basic First Amendment principles, the right to offend, religious motivations and library use, and other topics.

Author : Cass R. Sunstein
Publisher : Simon and Schuster
Page : 554 pages
File Size : 46,7 Mb
Release : 1995-02-01
Category : History
ISBN : 9781439105351

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Democracy and the Problem of Free Speech by Cass R. Sunstein Pdf

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