The Value and Limits of Academic Speech

The Value and Limits of Academic Speech
Author: Donald Alexander Downs
Publisher: Routledge
Total Pages: 313
Release: 2018-05-03
Genre: Education
ISBN: 1351064487

Free speech has been a historically volatile issue in higher education. In recent years, however, there has been a surge of progressive censorship on campus. This wave of censorship has been characterized by the explosive growth of such policies as "trigger warnings" for course materials; "safe spaces" where students are protected from speech they consider harmful or distressing; "micro-aggression" policies that often strongly discourage the use of words that might offend sensitive individuals; new "bias-reporting" programs that consist of different degrees of campus surveillance; the "dis-invitation" of a growing list of speakers, including many in the mainstream of American politics and values; and the prominent "shouting down" or disruption of speakers deemed inconsistent with progressive ideology. Not to be outdone, external forces on the right are now engaging in social media bullying of speakers and teachers whose views upset them. The essays in this collection, written by prominent philosophers, political scientists, sociologists, and legal scholars, examine the issues at the forefront of the crisis of free speech in higher education. The contributors address the broader historical, cultural, legal, and normative contexts of the current crisis, and take care to analyze the role of "due process" in protecting academic freedom and individuals accused of misconduct. Additionally, the volume is unique in that it advances practical remedies to campus censorship, as the editors and many of the contributors have participated in movements to remedy limitations on free speech and open inquiry. The Value and Limits of Academic Speech will educate academic professionals and informed citizens about the phenomenon of progressive censorship and its implications for higher education and the republic.

Free Speech and Campus Civility

Free Speech and Campus Civility
Author: Jeffrey L. Buller
Publisher: Rowman & Littlefield
Total Pages: 139
Release: 2021-06-01
Genre: Education
ISBN: 1475861362

Many colleges and universities are struggling to strike a balance between protecting free speech as a way of supporting their goal of academic freedom and promoting civility as a way of creating an environment where students can learn and faculty members can teach and conduct research. There have been numerous recent incidents of audiences shouting down speakers, burning books, and demanding that specific students be expelled or faculty members be terminated. In this highly fractious environment, schools are wondering “What works?” when seeking to attain the twin goals of permitting unrestricted speech but insisting on rules of decorum for debate and the exchange of perspectives. This book explores what schools have actually attempted, in some cases successfully and in some cases not successfully, to address these issues. It concludes that there are three primary strategies that tend to be effective: treating challenges to free speech and campus civility as “teachable moments”; exploring hypothetical scenarios with students, faculty members, and administrators before there is a serious incident; and approaching free speech and campus civility across the curriculum. The book also surveys United States case law on the topics of free speech, academic freedom, the right to protest, and similar subjects so as to provide faculty members and administrators with a concise resource filled with practical and accurate information.

The Harm in Hate Speech

The Harm in Hate Speech
Author: Jeremy Waldron
Publisher: Harvard University Press
Total Pages: 271
Release: 2012-06-08
Genre: Law
ISBN: 0674069919

Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.

New Directions in the Ethics and Politics of Speech

New Directions in the Ethics and Politics of Speech
Author: J.P. Messina
Publisher: Taylor & Francis
Total Pages: 177
Release: 2022-07-25
Genre: Philosophy
ISBN: 1000652793

This book features new perspectives on the ethics and politics of free speech. Contributors draw on insights from philosophy, psychology, political theory, journalism, literature, and history to respond to pressing problems involving free speech in liberal societies. Recent years have seen an explosion of academic interest in these topics. However, most recent work has focused on constitutional protections for free speech and on issues related to academic freedom and campus politics. The chapters in this volume set their sights more broadly on the non-state problems that we collectively face in attempting to realize a healthy environment for free discourse. The volume’s contributors share the assumption that threats to free speech do not come exclusively from state sources or bad actors, but from ordinary strategic situations in which all may be acting in good faith. Contributors take seriously the idea that our current cultural moment provides plenty of reason to be concerned about our intellectual climate and offer new insights for how to make things better. New Directions in the Ethics and Politics of Speech will be of interest to researchers and students working in ethics, political philosophy, social theory, and law. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Regulating Free Speech in a Digital Age

Regulating Free Speech in a Digital Age
Author: David Bromell
Publisher: Springer Nature
Total Pages: 241
Release: 2022-02-11
Genre: Political Science
ISBN: 3030955508

Hateful thoughts and words can lead to harmful actions like the March 2019 terrorist attack on mosques in Christchurch, New Zealand. In free, open and democratic societies, governments cannot justifiably regulate what citizens think, feel, believe or value, but do have a duty to protect citizens from harmful communication that incites discrimination, active hostility and violence. Written by a public policy advisor for fellow practitioners in politics and public life, this book discusses significant practical and moral challenges regarding internet governance and freedom of speech, particularly when responding to content that is legal but harmful. Policy makers and professionals working for governmental institutions need to strike a fair balance between protecting from harm and preserving the right to freedom of expression. And because merely passing laws does not solve complex social problems, governments need to invest, not just regulate. Governments, big tech and the private sector, civil society, individual citizens and the fourth estate all have roles to play, and counter-speech is everyone’s responsibility. This book tackles hard questions about internet governance, hate speech, cancel culture and the loss of civility, and illustrates principled pragmatism applied to perplexing policy problems. Furthermore, it presents counter-speech strategies as alternatives and complements to censorship and criminalisation.

Speak Freely

Speak Freely
Author: Keith E. Whittington
Publisher: Princeton University Press
Total Pages: 232
Release: 2019-02-26
Genre: Political Science
ISBN: 0691193592

Why colleges and universities live or die by free speech Free speech is under attack at colleges and universities today, as critics on and off campus challenge the value of freewheeling debate. In Speak Freely, Keith Whittington argues that universities must protect and encourage vigorous free speech because it goes to the heart of their mission to foster freedom of thought, ideological diversity, and tolerance. Examining hot-button issues such as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, and the use of social media by faculty, Speak Freely describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why universities must make space for voices from both the Left and Right. And it points out how better understanding why the university lives or dies by free speech can help guide students, faculty, administrators, and alumni when faced with unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely shows why universities can succeed only by fostering more free speech, more free thought—and a greater tolerance for both.

Free Speech

Free Speech
Author: Len Niehoff
Publisher: Cambridge University Press
Total Pages: 241
Release: 2022-04-28
Genre: Law
ISBN: 1108830579

This book provides a readable and comprehensive overview of the history, theory, law, and current debates over freedom of speech.

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.

For the Common Good

For the Common Good
Author: Matthew W. Finkin
Publisher: Yale University Press
Total Pages: 272
Release: 2009-04-21
Genre: Education
ISBN: 0300155549

This book offers a concise explanation of the history and meaning of American academic freedom, and it attempts to intervene in contemporary debates by clarifying the fundamental functions and purposes of academic freedom in America.--From publisher description.

Constitutional Domains

Constitutional Domains
Author: Robert Post
Publisher: Harvard University Press
Total Pages: 484
Release: 1995-03-19
Genre: Law
ISBN: 9780674165458

In a series of remarkable forays, Post develops an original account of how law functions in a democratic society. He draws on work in sociology, philosophy, and political theory, to offer a radically new perspective on some of the most pressing constitutional issues of our day, such as the regulation of racist speech, pornography, and privacy.