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Author: Suzanne Whitten Publisher: Springer Nature ISBN: 3030786315 Category : Political Science Languages : en Pages : 249
Book Description
This book offers the first comprehensive philosophical examination of the free speech ‘battles’ of the last decade, arguing for a critical republican conception of civility as an explanatory and prescriptive solution. Issues such as no-platforming and safe spaces, the increasing influence of Far-Right rhetoric on internet forums, the role of Twitter as a site of activist struggles, and the moral panics that surround ill-judged comments made by public figures, all provide a new set of challenges for society which demand a careful critical analysis. The author proposes a 'republican theory' of free speech, demonstrating how a conception of ‘critical’ civility, one which combines the importance of expressive respect with the responsibilities of contestation and vigilance, is required if we are to combat some of the most contentious speech-related conflicts facing contemporary society today.
Author: Suzanne Whitten Publisher: Springer Nature ISBN: 3030786315 Category : Political Science Languages : en Pages : 249
Book Description
This book offers the first comprehensive philosophical examination of the free speech ‘battles’ of the last decade, arguing for a critical republican conception of civility as an explanatory and prescriptive solution. Issues such as no-platforming and safe spaces, the increasing influence of Far-Right rhetoric on internet forums, the role of Twitter as a site of activist struggles, and the moral panics that surround ill-judged comments made by public figures, all provide a new set of challenges for society which demand a careful critical analysis. The author proposes a 'republican theory' of free speech, demonstrating how a conception of ‘critical’ civility, one which combines the importance of expressive respect with the responsibilities of contestation and vigilance, is required if we are to combat some of the most contentious speech-related conflicts facing contemporary society today.
Author: C. Edwin Baker Publisher: Oxford University Press ISBN: 0195360028 Category : Law Languages : en Pages : 396
Book Description
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: Alexander Meiklejohn Publisher: The Lawbook Exchange, Ltd. ISBN: 1584770872 Category : Freedom of speech Languages : en Pages : 126
Book Description
Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. "Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne." --JOHN P. FRANK, Texas Law Review 27:405-412. ALEXANDER MEIKLEJOHN [1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin- Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963.
Author: Stephen M. Feldman Publisher: University of Chicago Press ISBN: 0226240746 Category : Political Science Languages : en Pages : 596
Book Description
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.
Author: Matteo Bonotti Publisher: John Wiley & Sons ISBN: 150952648X Category : Philosophy Languages : en Pages : 117
Book Description
Freedom of speech is never very far away from political controversy. In recent years, the rise of populism, the ‘cancel culture’ phenomenon, and online hate attacks are among the developments that have kept it at the forefront of both public and academic discussion. In this new introduction to the subject, Matteo Bonotti and Jonathan Seglow offer an accessible analysis of debates around freedom of speech. They introduce and critically examine three major philosophical arguments for freedom of speech that are based on the values of truth, autonomy, and democracy. They apply these arguments to issues including hate speech, offensive speech, and pornography, and also tackle pressing current issues such as ‘fake news’ and public shaming. This book will be essential for anyone wishing to understand the contemporary significance and philosophical roots of free speech, and how it relates to debates about democracy, feminism and multiculturalism.
Author: Matthew D. Bunker Publisher: Routledge ISBN: 1135652066 Category : Law Languages : en Pages : 224
Book Description
In this exceptional volume, Matthew D. Bunker explores the work of contemporary free speech critics and argues that, while at times these critics provide important lessons, many of their conclusions must be rejected. Moreover, Bunker suggests that we be wary of interdisciplinary approaches to free speech theory that--by their very assumptions and techniques--are a poor "fit" with existing free speech theory and doctrine. In his investigation of diverse critiques of free speech theory and his sophisticated rebuttal, he provides an innovative and important examination of First Amendment theory. In doing so, he establishes a new agenda for First Amendment theory scholarship that incorporates some of the critics' insights without abandoning the best aspects of the free speech tradition. COPY FOR MAILER: Distinctive features in this volume include: * an overview of the traditional approaches to First Amendment theory, * an examination of work from key First Amendment scholars and theorists, at both the individual and group level, * an emphasis on interdisciplinarity ranging from femi- nist and critical legal scholars to economists and literary theorists, and * a new agenda for First Amendment theory scholar- ship which incorporates critical comment while pre- serving the best aspects of the free speech tradition.
Author: Owen M. Fiss Publisher: ISBN: Category : Law Languages : en Pages : 120
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: Rodney A. Smolla Publisher: Alfred A. Knopf ISBN: Category : Political Science Languages : en Pages : 456
Book Description
"Should we tolerate speech designed to spread intolerance? As we grope for a response, we find our constitutional and moral imperatives for tolerance and equality in conflict with the equally imperative value of free speech. This is but one of the many such pressing issues dealt with in this timely, important book." "Exploring the question "What should freedom of speech mean in a democracy?," Rodney Smolla argues that it is a value of overarching significance. Freedom of speech, he says, is not merely an aid to self-governance, but is uniquely connected to all that defines the human spirit--to imagination, creativity, enterprise, rationality, love, worship, and wonder." "In a complex modern society, freedom of speech is constantly threatened by other social interests and values, which often seem more important in the short term: national security, personal reputation and privacy, eliminating racism and sexism, instilling values of decency and tolerance in children, controlling the corrupting influences of money on the political process, and bringing order to global electronic communications--all worthy social interests." "Smolla shows how even seemingly reasonable regulation of speech tends to progress inexorably toward censorship. He takes on the difficult issue of Who Decides, and he analyzes symbolic and violent dissent, and the "clear and present danger" doctrine. He probes the disturbing issues of hate speech, obscenity, tolerating intolerance, and truth and falsehood in political campaigns. He looks at personal confidentiality, ponders the possible criteria for creating an objective definition of newsworthiness and public speech--especially with reference to governmental funding of the arts, education, and broadcasting--and explores the implications of the Noriega case, Persian Gulf censorship issues, attempts to export the American concept of free speech, and the challenge of new technologies." "Throughout, the discussion of pros and cons is balanced, yet Smolla helps us see clearly why we should defend vigorously our endangered First Amendment rights."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: John Stuart Mill Publisher: Createspace Independent Publishing Platform ISBN: 9781536930368 Category : Languages : en Pages : 102
Book Description
In his much quoted, seminal work, On Liberty, John Stuart Mill attempts to establish standards for the relationship between authority and liberty. He emphasizes the importance of individuality which he conceived as a prerequisite to the higher pleasures-the summum bonum of Utilitarianism. Published in 1859, On Liberty presents one of the most eloquent defenses of individual freedom and is perhaps the most widely-read liberal argument in support of the value of liberty.
Author: Suzanne Whitten
Author: Suzanne Whitten
Author: C. Edwin Baker
Author: Alexander Meiklejohn
Author: Stephen M. Feldman
Author: Matteo Bonotti
Author: Matthew D. Bunker
Author: Owen M. Fiss
Author: Rodney A. Smolla
Author: John Stuart Mill
Author: Len Niehoff