Free Speech in Its Forgotten Years, 1870-1920

Free Speech in Its Forgotten Years, 1870-1920
Author: David M. Rabban
Publisher: Cambridge University Press
Total Pages: 426
Release: 1997
Genre: History
ISBN: 9780521655378

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Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.

Eight Hours for What We Will

Eight Hours for What We Will
Author: Roy Rosenzweig
Publisher: Cambridge University Press
Total Pages: 324
Release: 1983
Genre: History
ISBN: 9780521313971

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Focusing on the city of Worcester, Massachusetts the author takes the reader to the saloons, the amusement parks, and the movie houses where American industrial workers spent their leisure hours, to explore the nature of working-class culture and class relations during this era.

The Heritage Guide to the Constitution

The Heritage Guide to the Constitution
Author: David F. Forte
Publisher: Regnery Publishing
Total Pages: 642
Release: 2014-09-15
Genre: Political Science
ISBN: 1621572684

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A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.

Defending the Masses

Defending the Masses
Author: Eric B. Easton
Publisher: University of Wisconsin Pres
Total Pages: 282
Release: 2018-01-09
Genre: Biography & Autobiography
ISBN: 0299314006

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"As muckrakers, feminists, pacifists, anarchists, socialists, and communists were arrested or censored for their outspoken views, many of them turned to a Manhattan lawyer named Gilbert Roe to keep them in business and out of jail. In articulating and upholding Americans' fundamental right to free expression against charges of obscenity, libel, espionage, sedition, or conspiracy during turbulent times, Roe was rarely successful in the courts. His greatest victory was the influential 1917 decision by Judge Learned Hand in 'The Masses Publishing Co. v. Patten'. Roe's battles illuminate the evolution of free speech doctrine and practice in an era when it was under heavy assault."--Back cover.

How Machines Came to Speak

How Machines Came to Speak
Author: Jennifer Petersen
Publisher: Duke University Press
Total Pages: 164
Release: 2022-01-24
Genre: Social Science
ISBN: 1478021829

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In How Machines Came to Speak Jennifer Petersen constructs a genealogy of how legal conceptions of “speech” have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies—such as phonographs, radio, film, and computer code—were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens.

Brandishing the First Amendment

Brandishing the First Amendment
Author: Tamara Piety
Publisher: University of Michigan Press
Total Pages: 443
Release: 2012-02-08
Genre: Law
ISBN: 0472027727

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Over the past two decades, corporations and other commercial entities have used strategic litigation to win more expansive First Amendment protections for commercial speech—from the regulation of advertising to the role corporate interests play in the political process, most recently debated in the Supreme Court case of Citizens United v. Federal Election Commission. Tamara R. Piety, a nationally known critic of commercial and corporate speech, argues that such an expansion of First Amendment speech rights imperils public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Beginning with an evaluation of commonly evoked philosophical justifications for freedom of expression, Piety determines that, while these are appropriate for the protection of an individual’s rights, they should not be applied too literally to commercial expression because the corporate person is not the moral equivalent of the human person. She then gathers evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies to show how overly permissive extensions of First Amendment protections to commercial expression limit governmental power to address some of the major social, economic, and environmental challenges of our time. “The timeliness of the topic and the provision of original positions are sure to make the book a valuable contribution that should draw much attention.” —Kevin W. Saunders, Michigan State University

A Companion to American Legal History

A Companion to American Legal History
Author: Sally E. Hadden
Publisher: John Wiley & Sons
Total Pages: 653
Release: 2013-02-22
Genre: Law
ISBN: 1118533771

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A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

Comparative Defamation and Privacy Law

Comparative Defamation and Privacy Law
Author: Andrew T. Kenyon
Publisher: Cambridge University Press
Total Pages: 399
Release: 2016-04-21
Genre: Law
ISBN: 110712364X

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Leading experts from common law jurisdictions examine defamation and privacy, two major and interrelated issues for law and media.

Unlearning Liberty

Unlearning Liberty
Author: Greg Lukianoff
Publisher: Encounter Books
Total Pages: 324
Release: 2014-03-11
Genre: Education
ISBN: 1594037337

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For over a generation, shocking cases of censorship at America’s colleges and universities have taught students the wrong lessons about living in a free society. Drawing on a decade of experience battling for freedom of speech on campus, First Amendment lawyer Greg Lukianoff reveals how higher education fails to teach students to become critical thinkers: by stifling open debate, our campuses are supercharging ideological divisions, promoting groupthink, and encouraging an unscholarly certainty about complex issues. Lukianoff walks readers through the life of a modern-day college student, from orientation to the end of freshman year. Through this lens, he describes startling violations of free speech rights: a student in Indiana punished for publicly reading a book, a student in Georgia expelled for a pro-environment collage he posted on Facebook, students at Yale banned from putting an F. Scott Fitzgerald quote on a T shirt, and students across the country corralled into tiny “free speech zones” when they wanted to express their views. But Lukianoff goes further, demonstrating how this culture of censorship is bleeding into the larger society. As he explores public controversies involving Juan Williams, Rush Limbaugh, Bill Maher, Richard Dawkins, Larry Summers—even Dave Barry and Jon Stewart—Lukianoff paints a stark picture of our ability as a nation to discuss important issues rationally. Unlearning Liberty: Campus Censorship and the End of American Debate illuminates how intolerance for dissent and debate on today’s campus threatens the freedom of every citizen and makes us all just a little bit dumber.

Triumph of Order

Triumph of Order
Author: Lisa Keller
Publisher: Columbia University Press
Total Pages: 396
Release: 2010-09-21
Genre: Social Science
ISBN: 0231146736

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In an effort to create a secure urban environment in which residents can work, live, and prosper with minimal disruption, New York and London established a network of laws, policing, and municipal government in the nineteenth century aimed at building the confidence of the citizenry and creating stability for economic growth. At the same time, these two cities attempted to maintain an expansive level of free speech and assembly. Yet as democracy expanded in tandem with the size of the cities themselves, the two goals clashed, resulting in tensions over their compatibility. Treating nineteenth-century London and New York as case studies, Lisa Keller examines the development of sanctioned free speech, controlled public assembly, new urban regulations, and the quelling of riots, all in the name of a proper regard for order. Drawing on rich archival sources, Keller paints an intimate portrait of daily life in these cities and the intricacies of their emerging bureaucracies. She finds that New York eventually settled on a policy of preempting disruption before it occurred, while London chose a path of greater tolerance toward street activities. Keller concludes with an assessment of freedom in New York and London today and asks whether the scales have been tipped too strongly in favor of order and control.