National Security and Free Speech

National Security and Free Speech
Author: Christopher M. Finan
Publisher:
Total Pages: 0
Release: 2013
Genre: Freedom of expression
ISBN: 9781617700828

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"A unique collection of sources that reveal the tensions between the desire to protect free speech and the necessity of protecting the nation. the anthology was developed with an understanding that readers need to engage this issue using a variety of resources - speeches, congressional testimony, reports, press releases, news articls, op-eds, court decisions, and legal briefs - that high-light all sides of the debate. An original essay offers historical perspective on the conflict between national security and free speech." --

Free Speech After 9/11

Free Speech After 9/11
Author: Katharine Gelber
Publisher: Oxford University Press
Total Pages: 206
Release: 2016
Genre: Law
ISBN: 0198777795

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The relationship between counter-terrorism policy in liberal-democratic countries and freedom of speech has never been more prominent than it is today. Since the terrorist attacks of 2001, Western governments have made a distinct and deliberate move towards prevention - as opposed to purely prosecution - of terrorist crimes. However, in doing so, they have reached far into the freedom of speech, and, as Katharine Gelber argues, far further than many commentatorshave recognized. Examining the United States, the United Kingdom, and Australia, the book traces the significant shift in understandings of the appropriate parameters of freedom ofspeech and speech-practices in the counter-terrorism context, which has been seen both in policy change and in the discursive justification for that change. The book argues that this change has, to some extent, taken different forms in each jurisdiction, which reflect the pre-existing institutions within which the principle of freedom of speech was mediated in each country prior to 9/11.

Free Speech after 9/11

Free Speech after 9/11
Author: Katharine Gelber
Publisher: Oxford University Press
Total Pages: 187
Release: 2016-04-14
Genre: Political Science
ISBN: 0191083429

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Although there has been a lot written about how counter-terrorism laws impact on human rights and civil liberties, most of this work has focussed on the most obvious or egregious kinds of human rights abrogation, such as extended detention, torture, and extraordinary rendition. Far less has been written about the complex ways in which Western governments have placed new and far-reaching limitations on freedom of speech in this context since 9/11. This book compares three liberal democracies - the United States, the United Kingdom and Australia, in particular showing the commonalities and similarities in what has occurred in each country, and the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, achieved both in policy change and the justification for that change. In all three countries much speech has been criminalized in ways that were considered anachronistic, or inappropriate, in comparable policy areas prior to 9/11. This is particularly interesting because other works have suggested that the United States' unique protection of freedom of speech in the First Amendment has prevented speech being limited in that country in ways that have been pursued in others. This book shows that this kind of argument misses the detail of the policy change that has occurred, and privileges a textual reading over a more comprehensive policy-based understanding of the changes that have occurred. The author argues that we are now living a new-normal for freedom of speech, within which restrictions on speech that once would have been considered aberrant, overreaching, and impermissible are now considered ordinary, necessary, and justified as long as they occur in the counter-terrorism context. This change is persistent, and it has far reaching implications for the future of this foundational freedom.

Free Speech in the Post-9/11 Undeclared War Era

Free Speech in the Post-9/11 Undeclared War Era
Author: Shannon Rafferty
Publisher:
Total Pages:
Release: 2016
Genre:
ISBN:

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This thesis examines judicial rulings on free speech in the post-9/11 undeclared war era through the lens of two Supreme Court cases, Holder v. Humanitarian Law Project (2010) and Snyder v. Phelps (2011). Holder involved a self-identified humanitarian group that wished to provide various forms of aid to groups overseas that had been designated as foreign terrorist organizations. In this case the Supreme Court ruled that these advocacy efforts were not protected under the free speech clause of the First Amendment. Moreover, the material support statute of the Intelligence Reform and Terrorism Prevention Act criminalized this aid. The Court's determination depended in part on the implications for national security of material support connected with verbal expression. Snyder began as a lawsuit filed in response to a Westboro Baptist Church protest at a fallen Marine's funeral. The Supreme Court ruled that the speech of the protestors was protected under the First Amendment, despite the pain it may have inflicted on the family. The majority ruling identified the protest as public speech and hence constitutional. My question revolves around why the outcomes in these contemporaneous cases were different, and whether the national security concerns of this era of undeclared war played a role in these decisions. Two variables were instrumental: first, whether the speech was simply expression, or instead overlapped with teaching, advice, or material aid, and second, whether the speech directly assisted international organizations, or aimed primarily to stir domestic discussion.I examine the facts of each case, as well as how they align with precedents and what played a role in the Justices' jurisprudence. While the interest of national security was certainly present in both cases, it only visibly influenced the Justices' decision-making in the Holder case. Here, speech had the potential to impact foreign relations and national security, especially because speech was understood to include material aid. Both rulings, however, were part of a larger history of reviewing First Amendment free speech protection in times of both declared and undeclared war. The cases indicate both the Justices' enduring commitment to protect free speech, as well as their recognition that government may have a compelling interest to regulate speech at times of international conflict.

Free Speech

Free Speech
Author: John Boaz
Publisher: Greenhaven Press, Incorporated
Total Pages: 230
Release: 2006
Genre: Juvenile Nonfiction
ISBN:

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As the world faces the seemingly constant threat of terrorism, unprecedented corporate expansion, and the flourishing of new technologies, the nature and boundaries of free speech face new and mounting crises. This volume explores the challenges facing free speech post September 11, 2001, including the Patriot Act, commercial free speech, and consolidation of the media.

Freedom of Information in a Post 9-11 World

Freedom of Information in a Post 9-11 World
Author: Charles Sides
Publisher: Routledge
Total Pages: 198
Release: 2017-03-02
Genre: Psychology
ISBN: 1351844296

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"Freedom of Information in a Post 9-11 World" is, to date, the first international scholarly examination of the impact of the terrorist attack on the United States in terms of how it may alter academic and corporate research, as well as the sharing of information generated by that research, by international colleagues in technological fields. The collection of essays brings together a widely varied panel of communications experts from different backgrounds and cultures to focus their expertise on the ramifications of this world-changing event. Drawing upon the related but separate disciplines of law, interpersonal communication, semiotics, rhetoric, management, information sciences, and education, the collection adds new insight to the potential future challenges high-tech professionals and academics will face in a global community that now seems much less communal than it did prior to September 11, 2001.

The Rhetoric of [free Speech]

The Rhetoric of [free Speech]
Author: Adria Battaglia
Publisher:
Total Pages: 450
Release: 2010
Genre:
ISBN:

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Since the conspicuously broad and vague definition of terrorism in the USA PATRIOT Act, signed into legislation on October 26, 2001 to increase governmental power in domestic security procedures, legal doctrine and normative practices of free speech have become sites of struggle over the meaning of both terrorism and freedom of expression. In 2005, twelve cartoonists drew the Prophet Muhammad for the Danish newspaper Jyllands-Posten. The subsequent reprints and republications led to boycotts, protests, and riots in over 27 countries culminating in at least 139 deaths. Now known as the Danish cartoons controversy, news and entertainment sources alike narrate a story about protecting a fundamental characteristic of American identity -- free speech -- in the face of a terrorist threat. In American universities, David Horowitz's proposed legislation, the Academic Bill of Rights, targets Left academics, who, according to Horowitz, "influence, in a negative way, America's war on terror." In August 2008, protesters at the Republican National Convention were formally charged with conspiracy to riot in furtherance of terrorism. In this dissertation, I explore how the rhetoric of free speech is a naturalizing and legitimating ideology employed to organize people around particular interests and mobilize them toward particular political ends. My research is guided by the question: How has the ideological terrain of the First Amendment -- specifically, the right to free speech -- changed since September 11, 2001, and why? I argue that rhetoricians should approach the traditional free speech narrative as part of an instrumental political act, as opposed to a universal principle. Cast as a discursive tool in a hegemonic struggle, the traditional free speech narrative offers the potential to open up spaces of protest and infuse ordinary citizens with political agency. Using the method of ideology critique, I develop and test these arguments through three case studies of free speech since the terrorist attacks of September 11, 2001: the Danish cartoons controversy, David Horowitz's Academic Freedom Campaign, and protests during the 2008 Republican National Convention.

We Must Not Be Afraid to Be Free

We Must Not Be Afraid to Be Free
Author: Ronald K.L. Collins
Publisher: Oxford University Press
Total Pages: 448
Release: 2011-02-25
Genre: Law
ISBN: 0195175727

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In a stinging dissent to a 1961 Supreme Court decision that allowed the Illinois state bar to deny admission to prospective lawyers if they refused to answer political questions, Justice Hugo Black closed with the memorable line, "We must not be afraid to be free." Black saw the First Amendment as the foundation of American freedom - the guarantor of all other Constitutional rights. Yet since free speech is by nature unruly, people fear it. Consequently, the impulse to curb or limit it has been a constant danger throughout American history. In We Must Not Be Afraid to Be Free, two of America's leading free speech scholar-activists, Ron Collins and Sam Chaltain, provide an authoritative history of free speech in modern America. Each chapter is an engaging narrative account of a landmark First Amendment case that foregrounds the colorful people involved-judges, plaintiffs, attorneys, defendants-and the issue at stake. Cumulatively, the chapters provide a definitive account of how the First Amendment evolved over the course of a century. Tracing the development of free speech rights from a more restrictive era-the early twentieth century-through the Warren Court revolution of the 1960s and up to the current post 9/11 era of heightened security concerns, Collins and Chaltain not only cover the history of an ideal, but explain in accessible language how the law surrounding the ideal transformed. Essential for anyone interested in this most essential of rights, We Must Not Be Afraid to Be Free will be a standard work on free speech for years to come.

Free Speech in Fearful Times

Free Speech in Fearful Times
Author: Allan Manson
Publisher: Lorimer
Total Pages: 348
Release: 2007-04
Genre: Education
ISBN:

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Following the events of 9/11, rashly conceived anti-terror laws were introduced that put civil liberties at risk. Free Speech in Fearful Times offers a unique perspective on how the laws created to "protect" us can actually harm us.

Perilous Times

Perilous Times
Author: Geoffrey R. Stone
Publisher: W. W. Norton & Company
Total Pages: 758
Release: 2004
Genre: History
ISBN: 9780393058802

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Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.