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The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
NEW YORK TIMES BESTSELLER! “Savagery appeased can only grow. Once you give in to it, it must escalate, like a fire searching for air.” The man who won the Pulitzer Prize for GLENGARRY GLEN ROSS, who wrote the classic films THE VERDICT and WAG THE DOG sounds his alarm about the Visigoths at our gates. In RECESSIONAL he calls out, skewers, mocks, and, most importantly, dissects the virus of conformity which is now an existential threat to the West. A broad-ranging journey through history, the Bible, and literature, RECESSIONAL examines how politics and cultural attitudes about rebellion have shifted in the United States in the last generation. By screaming down freedom of thought and expression, Mamet explains, we kill invention and democracy – the foundations of security and growth. A wickedly funny, wistful and wry appeal to the free-thinking citizen, RECESSIONAL is a vital warning that if we don’t confront the cultural thuggery now, the commissars and their dupes will transform the Land of the Free into the dictatorship at which they aim.
First Things First is a college coursebook like no other. Written by three First Amendment experts and professors, the book provides students with the fundamentals of modern American free speech law in a clear, concise, and accessible manner. First Things First also introduces readers to First Amendment issues related to topics such as student speech, freedom of the press, civil rights, LGBTQ rights, advertising, music censorship, and artificial intelligence. The text includes scores of audio and video links, photographs, and helpful study-aid summaries and questions. First Things First’s vibrant and engaging tone ensures readers will leave this book with a dynamic understanding of their rights and the value of free speech. “First Things First sets the standard for teaching free speech law.… It combines clearly-written case narratives with frequent excursions to a rich trove of other online material—including video and audio files—that provide additional legal and historical context.” —Stephen D. Solomon (founding editor, First Amendment Watch) “With admirable clarity and brevity, First Things First covers the field of First Amendment law and theory in a readable and accessible way.… This innovative book explains not just the fundamentals of First Amendment law, but how we got to where we are, and why.” —Robert Corn-Revere (First Amendment lawyer) First Things First is a welcome addition to the course materials for students studying law, journalism, history, political science, government and a host of other disciplines. —Lucy A. Dalglish, dean and professor, Philip Merrill College of Journalism, University of Maryland First Things First is an incredibly insightful and inviting introduction to U.S. speech and press law. Its approach makes its content completely accessible to beginner and expert alike. But even better, its scores of online links to additional layers of material—including streaming audio and video—make this narrative and case-oriented resource like no other. In addition to teaching the law, the various elements help to reveal what it means to live in a free speech society. First Things First is made for the 21st century student—and professor. —Joseph Russomanno, Associate Professor, Arizona State University
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.
Practical solutions for improving higher education opportunities for disadvantaged students Too many disadvantaged college students in America do not complete their coursework or receive any college credential, while others earn degrees or certificates with little labor market value. Large numbers of these students also struggle to pay for college, and some incur debts that they have difficulty repaying. The authors provide a new review of the causes of these problems and offer promising policy solutions. The circumstances affecting disadvantaged students stem both from issues on the individual side, such as weak academic preparation and financial pressures, and from institutional failures. Low-income students disproportionately attend schools that are underfunded and have weak performance incentives, contributing to unsatisfactory outcomes for many students. Some solutions, including better financial aid or academic supports, target individual students. Other solutions, such as stronger linkages between coursework and the labor market and more structured paths through the curriculum, are aimed at institutional reforms. All students, and particularly those from disadvantaged backgrounds, also need better and varied pathways both to college and directly to the job market, beginning in high school. We can improve college outcomes, but must also acknowledge that we must make hard choices and face difficult tradeoffs in the process. While no single policy is guaranteed to greatly improve college and career outcomes, implementing a number of evidence-based policies and programs together has the potential to improve these outcomes substantially.
Never in human history was there such a chance for freedom of expression. If we have Internet access, any one of us can publish almost anything we like and potentially reach an audience of millions. Never was there a time when the evils of unlimited speech flowed so easily across frontiers: violent intimidation, gross violations of privacy, tidal waves of abuse. A pastor burns a Koran in Florida and UN officials die in Afghanistan. Drawing on a lifetime of writing about dictatorships and dissidents, Timothy Garton Ash argues that in this connected world that he calls cosmopolis, the way to combine freedom and diversity is to have more but also better free speech. Across all cultural divides we must strive to agree on how we disagree. He draws on a thirteen-language global online project—freespeechdebate.com—conducted out of Oxford University and devoted to doing just that. With vivid examples, from his personal experience of China's Orwellian censorship apparatus to the controversy around Charlie Hebdo to a very English court case involving food writer Nigella Lawson, he proposes a framework for civilized conflict in a world where we are all becoming neighbors.
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Assembling a diverse group of commentators, activists and academics, this book answers the following questions: who gets to exercise free speech and who does not? What happens when powerful voices think they have been silenced? Why do some issues become sites of free speech battles and what are the consequences of this? How do the spaces and structures of 'speech' - mass media, the internet, the lecture theatre, the public event, the political rally - shape this debate?Ultimately, the book argues that free speech is invoked by actors right across the political spectrum, but that in reality very few of the debates have a clear or coherent idea of what is meant by the concept of 'free speech'.
Fully revised and updated, this title examines topical issues such as free speech and freedom of the press, as well as considering other important developments and legislation.
