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

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.

Free Speech and Censorship Around the Globe

Free Speech and Censorship Around the Globe
Author: Péter Molnár
Publisher: Central European University Press
Total Pages: 562
Release: 2015-02-01
Genre: Political Science
ISBN: 9633860571

This book focuses on regulatory challenges of creating and sustaining freedom of speech and freedom of information two decades after the fall of the Berlin wall, in global, comparative context. Some chapters overview, others address specific issues, or describe country case studies. Instead of trying to provide an exhaustive assessment which in one volume might not reach deeper analyzes of contextual details, this book will shed light on and help better understanding of general challenges for freedom of speech and information through varying comparative examples and highlighting important regulatory questions.

Free Speech for Me--but Not for Thee

Free Speech for Me--but Not for Thee
Author: Nat Hentoff
Publisher: HarperCollins Publishers
Total Pages: 420
Release: 1993
Genre: Law
ISBN:

Hentoff's timely, fact-filled, and illuminating book describes the current assault on free speech from all points of the political spectrum--even from the traditionally liberal groups now intent on repressing opinions thought "politically incorrect".

Lessons in Censorship

Lessons in Censorship
Author: Catherine J. Ross
Publisher: Harvard University Press
Total Pages: 489
Release: 2015-10-19
Genre: Law
ISBN: 0674915771

American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.

HATE

HATE
Author: Nadine Strossen
Publisher: Oxford University Press
Total Pages: 233
Release: 2018-04-02
Genre: Law
ISBN: 019085913X

The updated paperback edition of 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. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it 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. "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" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

The Mind of the Censor and the Eye of the Beholder

The Mind of the Censor and the Eye of the Beholder
Author: Robert Corn-Revere
Publisher: Cambridge University Press
Total Pages: 385
Release: 2021-11-04
Genre: Law
ISBN: 110712994X

The book explores the importance of free speech in America by telling the stories of its chief antagonists - the censors.

Censoring Culture

Censoring Culture
Author: Robert Atkins
Publisher:
Total Pages: 392
Release: 2006
Genre: Art
ISBN:

A bestselling art historian and a free speech advocate explore subtle new forms of censorship in the art world and beyond. ""In private, museum people have told me that self-censorship is indeed the order of the day. But it is quite rare for an official to speak about it in public. Self-censorship occurs behind closed doors. There are practically no whistle-blowers.""--Hans Haacke, conceptual artist known for his socially and politically engaged art If your idea of censorship is an anonymous bureaucrat in a government office exercising prudish control over "offensive" art and speech, wake up and smell the conglomeration. Censorship today is just as likely to be the result of a market force or a bandwidth monopoly as a line edit or the covering of a nude sculpture, and the current system of new technologies and economic arrangements has subtle, built-in mechanisms for suppressing free expression as powerful as any known in other centuries. In "Censoring Culture," the nationally known author of the ArtSpeak books and the head of the National Coalition Against Censorship's Arts Program bring together the latest thinking from art historians, cultural theorists, legal scholars, and psychoanalysts, as well as first-person accounts by artists and advocates, to give us a comprehensive understanding of censorship in a new century. Contributors include: - J.M. Coetzee, Judy Blume, and others on self-censorship - Hans Haacke on the marriage of art and money - DeeDee Halleck on the military-media-industrial complex - Marjorie Heins on violence and children - Randall Kennedy on the risks of regulating hate speech - Lawrence Lessig on creativity and copyright inthe electronic age - Judith Levine on shielding children from sex - Diane Ravitch on sensitivity guidelines for national testing - Douglas Thomas on hackers and hacking culture

Liberty Denied

Liberty Denied
Author: Donna A. Demac
Publisher: New Brunswick : Rutgers University Press
Total Pages: 194
Release: 1988
Genre: Political Science
ISBN:

This is the newly revised and updated edition of Donna Demac's study of the increasing threat of censorship in America. The first edition (1988) was published by PEN American Center, the U.S. branch of the international writers' organization.

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.