Free Expression and Democracy

Free Expression and Democracy
Author: Kevin W. Saunders
Publisher: Cambridge University Press
Total Pages: 391
Release: 2017-03-21
Genre: Law
ISBN: 1107171970

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An examination of differences in how the world's democracies address a variety of issues involving free expression.

Free Expression and Democracy in America

Free Expression and Democracy in America
Author: Stephen M. Feldman
Publisher: University of Chicago Press
Total Pages: 596
Release: 2009-05-15
Genre: Political Science
ISBN: 0226240746

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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.

How Free Speech Saved Democracy

How Free Speech Saved Democracy
Author: Christopher M. Finan
Publisher: Steerforth Press / Truth to Power
Total Pages: 193
Release: 2022-04-26
Genre: History
ISBN: 1586422995

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“A historical demonstration of the indispensability of the First Amendment [and] … an earnest and timely argument for [its] enduring value.” —Kirkus Reviews "Great storytelling about the history and importance of the First Amendment, from someone who has spent his life defending — and using — it." —Mary Beth Tinker Free speech is not an obstacle to change: it is the way change happens Uncovering vivid and engaging stories about First Amendment pioneers, How Free Speech Saved Democracy shows how their struggle made possible the surging protests that aim to expand democracy today. How Free Speech Saved Democracy is a revealing reminder that First Amendment rights have often been curtailed in efforts to block progress, and that current measures to reduce hurtful language and to end hate speech could backfire on those who promote them. To those who see free speech as a threat to democracy, Finan offers engaging evidence from a long and sometimes challenging history of free speech in America to show how free speech has been essential to expanding democracy. From the beginning of American history, free speech has been used to advocate for change. In the 19th century, abolitionists, advocates for women’s rights, and leaders of the labor movement had to fight for free speech. In the 20th century, the civil rights and anti-war movements expanded free speech, creating a shield for every protest movement we see today. Written by a historian who became a full-time defender of civil liberties and has spent four decades advocating for the rights of victims of censorship, this book grew out of Finan’s desire to address the declining support for free speech that is occurring as our country becomes increasingly polarized. Through his evocative storytelling Finan demonstrates how the most effective antidote for the growth of hate speech and violence is support for and cultivation of the robust alternative of free speech.

Democracy and the Problem of Free Speech

Democracy and the Problem of Free Speech
Author: Cass R. Sunstein
Publisher: Simon and Schuster
Total Pages: 554
Release: 1995-02-01
Genre: History
ISBN: 1439105359

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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

The Boundaries of Freedom of Expression & Order in American Democracy

The Boundaries of Freedom of Expression & Order in American Democracy
Author: Thomas R. Hensley
Publisher: Kent State University Press
Total Pages: 420
Release: 2001
Genre: History
ISBN: 9780873386920

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On Monday, May 4th, 1970, members of the Ohio National Guard fired 61 rounds of bullets into the Kent State University students protesting about the invasion of Cambodia. This work develops the ideas of the first symposium on American democracy established to commemorate the tragedy.

The Oxford Handbook of Freedom of Speech

The Oxford Handbook of Freedom of Speech
Author: Adrienne Stone
Publisher: Oxford University Press, USA
Total Pages: 609
Release: 2021-01-14
Genre: Law
ISBN: 019882758X

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The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.

Democracy of Expression

Democracy of Expression
Author: Andrew T. Kenyon
Publisher: Cambridge University Press
Total Pages: 293
Release: 2021-06-17
Genre: Law
ISBN: 1108486169

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Drawing from multiple scholarly fields, Kenyon examines free speech's positive dimensions of enablement and how they can be pursued.

Social Media, Freedom of Speech, and the Future of Our Democracy

Social Media, Freedom of Speech, and the Future of Our Democracy
Author: Lee C. Bollinger
Publisher: Oxford University Press
Total Pages: 449
Release: 2022-08-05
Genre: Freedom of speech
ISBN: 0197621082

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A broad explanation of the various dimensions of the problem of bad speech on the internet within the American context. One of the most fiercely debated issues of this era is what to do about bad speech-hate speech, disinformation and propaganda campaigns, and incitement of violence-on the internet, and in particular speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of bad speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote the public interest. Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era.

Free Speech and Democracy in Ancient Athens

Free Speech and Democracy in Ancient Athens
Author: Arlene W. Saxonhouse
Publisher: Cambridge University Press
Total Pages: 247
Release: 2005-12-19
Genre: Political Science
ISBN: 1139447424

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This book illuminates the distinctive character of our modern understanding of the basis and value of free speech by contrasting it with the very different form of free speech that was practised by the ancient Athenians in their democratic regime. Free speech in the ancient democracy was not a protected right but an expression of the freedom from hierarchy, awe, reverence and shame. It was thus an essential ingredient of the egalitarianism of that regime. That freedom was challenged by the consequences of the rejection of shame (aidos) which had served as a cohesive force within the polity. Through readings of Socrates's trial, Greek tragedy and comedy, Thucydides's History, and Plato's Protagoras this volume explores the paradoxical connections between free speech, democracy, shame, and Socratic philosophy and Thucydidean history as practices of uncovering.

The Free Speech Century

The Free Speech Century
Author: Lee C. Bollinger
Publisher:
Total Pages: 377
Release: 2019
Genre: Law
ISBN: 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.