Freedom of Expression in the Marketplace of Ideas PDF Download

Author: Douglas M. Fraleigh
Publisher: SAGE
ISBN: 1452236909
Category : Law
Languages : en
Pages : 473

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Book Description
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: Hackett Publishing
ISBN: 9780915144433
Category : Philosophy
Languages : en
Pages : 150

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Book Description
A wonderful edition... -- Irving Louis Horowitz, Rutgers UniversityAlexander should be commended for making this invaluable material accessible to scholars and students... -- Maria H. Moralies, Florida State UniversityAn impressively compact and engaging introduction and a well-chosen selection of ancillary materials... -- Eileen Gillooly, Columbia UniversityThe introduction offers fresh insights... --Thomas Christiano, University of Arizona

Author: Cass R. Sunstein
Publisher: Simon and Schuster
ISBN: 1439105359
Category : History
Languages : en
Pages : 554

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Book Description
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

Author: Susan J. Brison
Publisher: Oxford University Press
ISBN: 0190883618
Category : Philosophy
Languages : en
Pages : 281

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Book Description
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: Ian Rosenberg
Publisher: NYU Press
ISBN: 1479825913
Category : Law
Languages : en
Pages : 311

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Book Description
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: Ellis Cose
Publisher: HarperCollins
ISBN: 0062999737
Category : Political Science
Languages : en
Pages : 167

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Book Description
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.

Author: Jan Oster
Publisher: Cambridge University Press
ISBN: 1316300706
Category : Law
Languages : en
Pages : 337

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Book Description
Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is 'the media' to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.

Author: A. Levin
Publisher: Springer
ISBN: 0230293964
Category : Philosophy
Languages : en
Pages : 223

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Book Description
The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.

Author: Deirdre Golash
Publisher: Springer Science & Business Media
ISBN: 9048189993
Category : Law
Languages : en
Pages : 229

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Book Description
The essays in this volume consider issues at the intersection of freedom of expression and racial, cultural, and gender diversity. The claims of those whose cultures and beliefs differ from our own are no longer the exclusive province of diplomats, as the Danish newspaper that published cartoons ridiculing Mohammed quickly learned. Negotiating the claims of freedom of expression as they come into open conflict with a wide diversity of viewpoints, both domestically and internationally, has become an increasingly complex task. The present volume seeks both to provide fresh insight into the philosophical grounds for limiting government restriction of expression and to address current tensions between freedom of expression and pluralism. The suppression of ideas by government is no doubt as old as government itself. Ideas help to keep governments in power, and opposing ideas can help them to lose it. As well, through most of the history of the world, the belief that some know b- ter than others what is true, what is right, and what is valuable has been sufficiently widespread to make it seem natural for those betters to dictate for the rest what they should believe. Just as clerics did not hesitate to dictate to their congregations, Christians did not hesitate to impose their beliefs on non-Christians in order to save their souls.

Author: Suzanne Nossel
Publisher: HarperCollins
ISBN: 0062966065
Category : Philosophy
Languages : en
Pages : 248

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Book Description
"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.