Republic of Rhetoric

Republic of Rhetoric
Author: ABHINAV. CHANDRACHUD
Publisher: Penguin Enterprise
Total Pages: 384
Release: 2022-04-15
Genre:
ISBN: 9780143455646

Exploring the legal and political history of India, from the British period to the present, Republic of Rhetoric examines the right to free speech and it argues that the enactment of the Constitution in 1950 did not make a significant difference to the freedom of expression in India. Abhinav Chandrachud suggests that colonial-era restrictions on free speech, like sedition, obscenity, contempt of court, defamation and hate speech, were not merely retained but also strengthened in independent India. Authoritative and compelling, this book offers lucid and cogent arguments that have not been substantially advanced before by any of the leading thinkers on the right of free speech in India.

Speech Police

Speech Police
Author: David Kaye
Publisher:
Total Pages: 144
Release: 2019-06-03
Genre: Business & Economics
ISBN: 9780999745489

"David Kaye's book is crucial to understanding the tactics, rhetoric and stakes in one of the most consequential free speech debates in human history." -- Cory Doctorow, author of Radicalized, Walkaway and Little Brother The internet was designed to be a kind of free-speech paradise, but a lot of the material on it turned out to incite violence, spread untruth, and promote hate. Over the years, three American behemoths--Facebook, YouTube and Twitter--became the way most of the world experiences the internet, and therefore the conveyors of much of its disturbing material. What should be done about this enormous problem? Should the giant social media platforms police the content themselves, as is the norm in the U.S., or should governments and international organizations regulate the internet, as many are demanding in Europe? How do we keep from helping authoritarian regimes to censor all criticisms of themselves? David Kaye, who serves as the United Nations' special rapporteur on free expression, has been has been at the center of the discussions of these issues for years. He takes us behind the scenes, from Facebook's "mini-legislative" meetings, to the European Commission's closed-door negotiations, and introduces us to journalists, activists, and content moderators whose stories bring clarity and urgency to the topic of censorship. Speech Police is the most comprehensive and insightful treatment of the subject thus far, and reminds us of the importance of maintaining the internet's original commitment to free speech, free of any company's or government's absolute control, while finding ways to modulate its worst aspects.

The Taming of Free Speech

The Taming of Free Speech
Author: Laura Weinrib
Publisher: Harvard University Press
Total Pages: 472
Release: 2016-10-10
Genre: History
ISBN: 0674545710

In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

The Irony of Free Speech

The Irony of Free Speech
Author: Owen Fiss
Publisher: Harvard University Press
Total Pages: 122
Release: 2009-06-01
Genre: Political Science
ISBN: 9780674036918

How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly uninhibited, robust, and wide-open. Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty. By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it. Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.

A Republican Theory of Free Speech

A Republican Theory of Free Speech
Author: Suzanne Whitten
Publisher: Springer Nature
Total Pages: 249
Release: 2021-10-22
Genre: Political Science
ISBN: 3030786315

This book offers the first comprehensive philosophical examination of the free speech ‘battles’ of the last decade, arguing for a critical republican conception of civility as an explanatory and prescriptive solution. Issues such as no-platforming and safe spaces, the increasing influence of Far-Right rhetoric on internet forums, the role of Twitter as a site of activist struggles, and the moral panics that surround ill-judged comments made by public figures, all provide a new set of challenges for society which demand a careful critical analysis. The author proposes a 'republican theory' of free speech, demonstrating how a conception of ‘critical’ civility, one which combines the importance of expressive respect with the responsibilities of contestation and vigilance, is required if we are to combat some of the most contentious speech-related conflicts facing contemporary society today.

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

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.

There's No Such Thing As Free Speech

There's No Such Thing As Free Speech
Author: Stanley Fish
Publisher: Oxford University Press
Total Pages: 345
Release: 1994-12-15
Genre: Literary Criticism
ISBN: 0198024193

In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values (the timeless transcendence of which they themselves have conveniently identified), and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances (of time and history) to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza (the author and former Reagan White House policy analyst), Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested." In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars.

Free Speech

Free Speech
Author: Jonathan Zimmerman
Publisher: City of Light Publishing
Total Pages: 84
Release: 2021-05-01
Genre: Political Science
ISBN: 1952536111

In America we like to think we live in a land of liberty, where everyone can say whatever they want. Throughout our history, however, we have also been quick to censor people who offend or frighten us. We talk a good game about freedom of speech, then we turn around and deny it to others. In this brief but bracing book, historian Jonathan Zimmerman and Pulitzer Prize-winning cartoonist Signe Wilkinson tell the story of free speech in America: who established it, who has denounced it, and who has risen to its defense. They also make the case for why we should care about it today, when free speech is once again under attack.Across the political spectrum, Americans have demanded the suppression of ideas and images that allegedly threaten our nation. But the biggest danger to America comes not from speech but from censorship, which prevents us fromfreely governing ourselves. Free speech allows us to criticize our leaders. It lets us consume the art, film, and literature we prefer. And, perhaps most importantly, it allows minorities to challenge the oppression they suffer. While any of us are censored, none of us are free.

Free Speech in the Digital Age

Free Speech in the Digital Age
Author: Susan J. Brison
Publisher: Oxford University Press
Total Pages: 381
Release: 2019-02-27
Genre: Philosophy
ISBN: 0190883626

This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.