Speaking Freely

Trials of the First Amendment
Author: Floyd Abrams
Publisher: Penguin
ISBN: 110120107X
Category: Political Science
Page: 352
View: 822

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The rights guaranteed in the First Amendment—including freedom of expression—are among the fundamental touchstones of our democracy. In Speaking Freely, Floyd Abrams, who for over thirty years has been our most eloquent and respected advocate for uncensored expression, recounts some of the major cases of his remarkable career—landmark trials and Supreme Court arguments that have involved key First Amendment protections.With adversaries as diverse as Richard Nixon and Wayne Newton and allies as unlikely as Kenneth Starr, Abrams takes readers behind the scenes to explain his strategies, the ramifications of each decision, and its long-term significance, presenting a clear and compelling look at the law in action.

Speaking Freely

Trials of the First Amendment
Author: Floyd Abrams
Publisher: Penguin
ISBN: 9780143036753
Category: Political Science
Page: 320
View: 3700

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An eminent litigator cites recent events that have challenged America's freedom of expression, recounting eight landmark cases in order to highlight the importance of protecting the nation's constitutional right to free speech.

The Soul of the First Amendment

Why Freedom of Speech Matters
Author: Floyd Abrams
Publisher: Yale University Press
ISBN: 0300190883
Category: Law
Page: 176
View: 7275

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A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

Friend of the Court

On the Front Lines with the First Amendment
Author: Floyd Abrams,Karen Gantz Zahler Literary Management
Publisher: Yale University Press
ISBN: 0300195036
Category: Law
Page: 488
View: 864

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Since 1971, when the Pentagon Papers were leaked to the New York Times and furious debate over First Amendment rights ensued, free-speech cases have emerged in rapid succession. Floyd Abrams has been on the front lines of nearly every one of these major cases, which is also to say that, more than any other person, he has forged this country’s legal understanding of free speech. Litigating everything from national-security and prior-restraint issues to controversies concerning the law of libel and attempts by local officials to censor art, Abrams has worked devotedly to protect the First Amendment, the “crown jewel” of America’s Constitution. This collection of Abrams’s writings gathers speeches, articles, debates, briefs, oral arguments, and testimony from his entire career. The writings illuminate topics of ongoing import: WikiLeaks, the correctness of the Citizens United case, journalist shield laws, and, not least, the responsibilities of the press. An exceptional writer and a brilliant thinker, Abrams offers a unique perspective on the First Amendment and the unparalleled rights it confers.

Free Speech: A Very Short Introduction


Author: Nigel Warburton
Publisher: OUP Oxford
ISBN: 0191622788
Category: Political Science
Page: 128
View: 8577

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'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.

Art and Freedom of Speech


Author: Randall P. Bezanson
Publisher: University of Illinois Press
ISBN: 0252034430
Category: Art
Page: 313
View: 4296

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Art on trial: exploring the Supreme Court's rulings on free expression

Speaking Our Minds

Conversations With the People Behind Landmark First Amendment Cases
Author: Joseph Russomanno
Publisher: Routledge
ISBN: 1135651302
Category: Law
Page: 504
View: 2191

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Tinker. R.A.V. Ollman. Hustler-Falwell. Reno-ACLU. Nebraska Press Association. These names are synonymous with contemporary First Amendment litigation. To explore these landmark cases more deeply, author Joseph Russomanno interviewed the people at the core of these and other influential First Amendment cases, and he presents their stories here in a personal, in-depth oral history of First Amendment law. Previously unavailable in other literature, these stories go beyond the "what" of the cases and answer the "why" and "how" of ten major cases from the latter part of the 20th century. Through their own words and photographs, plaintiffs, defendants, and their attorneys describe what it was like to be involved in the development of these historic First Amendment cases. The issues addressed in these landmark cases cover crucial aspects of the First Amendment: freedom of expression, hate speech, libel, privacy, intentional infliction of emotional distress, promises of confidentiality to news sources, free press-fair trial, commercial speech, broadcast and cable television regulation, and new media. These narratives recount the events that initiated the court cases and follow the lead players through the various stages of the U.S. legal system. Excerpts of the court decisions are included at the conclusion of each chapter, and sidebars explain key terms, issues, and names that come up in the process. The cases highlighted here were often difficult and controversial--cases which, on their surface, raise questions about both the participants and their lawyers. A cross burner and a pornographer ask to be protected by the First Amendment; a measure intended to protect children from exposure to lewd content on the Internet is questioned. Through the words of the participants in these cases, the meaning, depth, and reach of the First Amendment becomes clear and demonstrates how the law functions to protect the rights of all individuals. This unique chronicle will appeal to those studying First Amendment law, including mass communication, law, journalism, and political science scholars, and to lawyers, journalists, and political scientists with an interest in this area. The volume is also intended to serve as a supplemental text in a mass communication law course or as a text in advanced First Amendment theory course and political science courses exploring the law, decisions, and processes of the U. S. Supreme Court.

Free Speech on Campus


Author: Erwin Chemerinsky,Howard Gillman
Publisher: Yale University Press
ISBN: 0300231865
Category: Political Science
Page: 216
View: 9874

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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.

HATE

Why We Should Resist It with Free Speech, Not Censorship
Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 0190859148
Category: Law
Page: 240
View: 6687

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HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

Speaking Freely

Whitney V. California and American Speech Law
Author: Philippa Strum
Publisher: N.A
ISBN: 9780700621347
Category: History
Page: 208
View: 2454

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Anita Whitney was a child of wealth and privilege who became a vocal leftist, early in the twentieth century, became a vocal leftist, supporting radical labor groups such as the Wobblies and helping to organize the Communist Labor Party. In 1919 she was arrested and charged with violating California's recently passed laws banning any speech or activity intended to change the American political and economic systems. The story of the Supreme Court case that grew out of Whitney's conviction, told in full in this book, is also the story of how Americans came to enjoy the most liberal speech laws in the world. In clear and engaging language, noted legal scholar Philippa Strum traces the fateful interactions of Whitney, a descendant of Mayflower Pilgrims; Supreme Court Justice Louis D. Brandeis, a brilliant son of immigrants; the teeming immigrant neighborhoods and left wing labor politics of the early twentieth century; and the lessons some Harvard Law School professors took from World War I-era restrictions on speech. Though the Supreme Court upheld Whitney's conviction, it included an opinion by Justice Brandeis—joined by Justice Oliver Wendell Holmes, Jr.—that led to a decisive change in the way the Court understood First Amendment free speech protections. Speaking Freely takes us into the discussions behind this dramatic change, as Holmes, Brandeis, Judge Learned Hand, and Harvard Law professors Zechariah Chafee and Felix Frankfurter debate the extent of the First Amendment and the important role of free speech in a democratic society. In Brandeis’s opinion, we see this debate distilled in a statement of the value of free speech and the harm that its suppression does to a democracy, along with reflections on the importance of freedom from government control for the founders and the drafters of the First Amendment. Through Whitney v. California and its legacy, Speaking Freely shows how the American approach to speech, differing as it does that of every other country, reflects the nation's unique history. Nothing less than a primer in the history of free speech rights in the US, the book offers a sobering and timely lesson as fear once more raises the specter of repression.

Lust on Trial

Censorship and the Rise of American Obscenity in the Age of Anthony Comstock
Author: Amy Werbel
Publisher: Columbia University Press
ISBN: 023154703X
Category: History
Page: N.A
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Anthony Comstock was America’s first professional censor. From 1873 to 1915, as Secretary of the New York Society for the Suppression of Vice, Comstock led a spirited crusade against lasciviousness, salaciousness, and obscenity that resulted in the confiscation and incineration of more than three million pictures, postcards, and books he personally judged to be obscene. But as Amy Werbel shows in this rich cultural and social history, Comstock’s campaign to rid America of vice in fact led to greater acceptance of the materials he deemed objectionable, offering a cautionary tale about the unintended consequences of censorship. In Lust on Trial, Werbel provides a detailed and colorful journey through Comstock’s career that doubles as a new history of post-Civil War America’s risqué visual and sexual culture. Born into a puritanical New England community, Anthony Comstock moved to New York in 1868 armed with his Christian faith and a burning desire to rid the city of vice. Werbel describes how Comstock’s raids shaped New York City and American culture through his obsession with the prevention of lust by means of censorship, and how his restrictions provided an impetus for the increased circulation and explicitness of “obscene” materials. By opposing women who preached sexual liberation and empowerment, suppressing contraceptives, and restricting artistic expression, Comstock drew the ire of civil liberties advocates, inspiring more open attitudes toward sexual and creative freedom and more sophisticated legal defenses. Drawing on material culture high and low, courtroom transcripts, and numerous examples of the “obscenities” Comstock seized, Lust on Trial provides fresh insights into Comstock’s actions and motivations, the sexual habits of Americans during his era, and the complicated relationship between law and cultural change.

The Great Dissent

How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America
Author: Thomas Healy
Publisher: Macmillan
ISBN: 0805094563
Category: Biography & Autobiography
Page: 322
View: 8657

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Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero. (This book was previously featured in Forecast.)

The First Amendment Bubble

How Privacy and Paparazzi Threaten a Free Press
Author: Amy Gajda
Publisher: Harvard University Press
ISBN: 0674368320
Category: Law
Page: 302
View: 9219

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For decades, privacy took a back seat to the public’s right to know. But as the Internet and changing journalism have made it harder to distinguish news from titillation, U.S. courts are showing new resolve in protecting individuals from invasive media scrutiny. As Amy Gajda shows, this judicial backlash is now impinging on mainstream journalists.

Freedom for the Thought That We Hate

A Biography of the First Amendment
Author: Anthony Lewis
Publisher: Basic Books
ISBN: 0465012930
Category: History
Page: 240
View: 6666

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More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America's culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment. In Freedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America's great founding ideas.

Kindly Inquisitors

The New Attacks on Free Thought, Expanded Edition
Author: Jonathan Rauch
Publisher: University of Chicago Press
ISBN: 022613055X
Category: Law
Page: 224
View: 9006

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“A liberal society stands on the proposition that we should all take seriously the idea that we might be wrong. This means we must place no one, including ourselves, beyond the reach of criticism; it means that we must allow people to err, even where the error offends and upsets, as it often will.” So writes Jonathan Rauch in Kindly Inquisitors, which has challenged readers for more than twenty years with its bracing and provocative exploration of the issues surrounding attempts to limit free speech. In it, Rauch makes a persuasive argument for the value of “liberal science” and the idea that conflicting views produce knowledge within society. In this expanded edition of Kindly Inquisitors, a new foreword by George F. Will strikingly shows the book’s continued relevance, while a substantial new afterword by Rauch elaborates upon his original argument and brings it fully up to date. Two decades after the book’s initial publication, while some progress has been made, the regulation of hate speech has grown domestically—especially in American universities—and has spread even more internationally, where there is no First Amendment to serve as a meaningful check. But the answer to bias and prejudice, Rauch argues, is pluralism—not purism. Rather than attempting to legislate bias and prejudice out of existence or to drive them underground, we must pit them against one another to foster a more vigorous and fruitful discussion. It is this process that has been responsible for the growing acceptance of the moral acceptability of homosexuality over the last twenty years. And it is this process, Rauch argues, that will enable us as a society to replace hate with knowledge, both ethical and empirical. “It is a melancholy fact that this elegant book, which is slender and sharp as a stiletto, is needed, now even more than two decades ago. Armed with it, readers can slice through the pernicious ideas that are producing the still-thickening thicket of rules, codes, and regulations restricting freedom of thought and expression.”—George F. Will, from the foreword

The Cost of Free Speech

Pornography, Hate Speech, and their Challenge to Liberalism
Author: A. Levin
Publisher: Springer
ISBN: 0230293964
Category: Philosophy
Page: 213
View: 5140

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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.

The Silencing

How the Left is Killing Free Speech
Author: Kirsten Powers
Publisher: Simon and Schuster
ISBN: 1621573915
Category: Political Science
Page: 304
View: 6171

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Lifelong liberal Kirsten Powers blasts the Left's forced march towards conformity in an exposé of the illiberal war on free speech. No longer champions of tolerance and free speech, the "illiberal Left" now viciously attacks and silences anyone with alternative points of view. Powers asks, "What ever happened to free speech in America?"

Nuanced Absolutism

Floyd Abrams & the First Amendment
Author: Ronald K. L. Collins
Publisher: N.A
ISBN: 9781611632460
Category: Law
Page: 240
View: 5042

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In Nuanced Absolutism First Amendment scholar Ronald Collins identifies, explains, and analyzes key aspects of the legal thought of America's most noted contemporary First Amendment lawyer, Floyd Abrams — a man who has had a profound impact on the law of free speech. In the process of discussing Abrams's work, the reader is introduced to “nuanced absolutism,” a way of thinking about the First Amendment.Nuanced absolutism describes a tenet of existing First Amendment law that has emerged over the years and which has taken on new life in the decisional law of the Roberts Court. Before it was judge-made law, it was a brand of law argued by lawyers, most notably Floyd Abrams.One of the author's aims is to remind readers of the role played by lawyers in shaping our law, especially our supreme law. By way of an intellectual history and biographical approach to his subject, Collins explains how Abrams's nuanced absolutism operates in the context of some of the appellate cases he has litigated, the causes he has defended, and the positions he has taken in public. In short, the work is a biographical sketch and case study of one man's life in the law, the law of the First Amendment.

The First Amendment and Related Statutes

Problems, Cases and Policy Arguments
Author: Eugene Volokh
Publisher: Foundation Press
ISBN: 9781634605106
Category:
Page: 1141
View: 6230

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This popular casebook examines the First Amendment using expertly-edited cases, summaries of the law, analysis of the structure of policy arguments, and problems for class discussion. The new edition features updated coverage of strict scrutiny, content-neutral restrictions, the government as subsidizer, the no endorsement principle, the no coercion principle, and religious exemptions.

From the Palmer Raids to the Patriot Act

A History of the Fight for Free Speech in America
Author: Christopher M. Finan
Publisher: Beacon Press
ISBN: 9780807044285
Category: History
Page: 348
View: 2753

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Presents a comprehensive history of the evolution of free speech in America over the last century.