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Free Speech and Hate Speech in the United States: The Limits of Toleration (Routledge Research in Communication Studies)
by Chris DemaskeFree Speech and Hate Speech in the United States explores the concept and treatment of hate speech in light of escalating social tensions in the global twenty-first century, proposing a shift in emphasis from the negative protection of individual rights toward a more positive support of social equality. Drawing on Axel Honneth’s theory of recognition, the author develops a two-tiered framework for free speech analysis that will promote a strategy for combating hate speech. To illustrate how this framework might impact speech rights in the U.S., she looks specifically at hate speech in the context of symbolic speech, disparaging speech, internet speech and speech on college campuses. Entering into an ongoing debate about the role of speech in society, this book will be of key importance to First Amendment scholars, and to scholars and students of communication studies, media studies, media law, political science, feminist studies, American studies, and history.
Free Speech and Unfree News
by Sam LebovicDoes America have a free press? Many who say yes appeal to First Amendment protections against censorship. Sam Lebovic shows that free speech, on its own, is not sufficient to produce a free press and helps us understand the crises that beset the press amid media consolidation, a secretive national security state, and the daily newspaper's decline.
Free Speech Beyond Words: The Surprising Reach of the First Amendment
by Mark V. Tushnet Alan K. Chen Joseph BlocherThe Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
Free Speech in an Open Society
by Rodney A. SmollaThis grand tour of First Amendment law underlines the intimate connection between free expression and democratic values as it leads us through the most treacherous and emotionally charged cases in American jurisprudence. “Intellectually venturesome. . . . ”—The New York Times Book Review
Free Speech in the Balance
by Alexander TsesisFree Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.
Free Speech in the New Media (Library of Essays in Media Law)
by Thomas GibbonsThis volume deals with questions of political and constitutional principle and theory that affect the law and regulation of content in new media that are based on digital technology. In the light of convergence between different forms of communication, it examines whether the justifications for government intervention in traditional analogue broadcasting and programme delivery continue to be persuasive. The essays examine in general whether new approaches to freedom of expression are required in the digital era and whether there is a continued role for public service broadcasting or its equivalent. They also explore content standards in more detail, discussing arguments for and against regulation in the areas of beliefs, indecency and advertising and whether there is a case for the European Union's measures to secure "Television without Frontiers".
Free Speech on Campus
by Erwin Chemerinsky Howard GillmanCan 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.
Free to Judge: The Power of Campaign Money in Judicial Elections
by Michael Kang Joanna ShepherdThe idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Pairing this with interviews of past and present judges, they create a compelling and persuasive account of people like Marsha Ternus, the first Iowa state supreme court justice to be voted out of office after her decision in a same-sex marriage case. The threat of such an outcome, and the desire to win reelection, results in judges demonstrably leaning towards the interests and preferences of their campaign donors across all cases. Free to Judge is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on. This thoughtful and compellingly written book will be required reading for anybody who cares about creating a more just legal system.
Free Trade Agreements: Hegemony Or Harmony
by Lillian Corbin Mark PerryThis book brings together international perspectives on free trade issues that affect civil society from the general populace to the governments of nations, and is relevant not only for lawyers, but also policymakers, international actors and businesses, as well as those with a general interest in free trade agreements. The book examines the manifestation of the concept of free trade in agreements, such as the Trans-Pacific Partnership (TPP), Regional Comprehensive Economic Partnership (RCEP), and China-Australia Free Trade Agreement (ChAFTA). It asks whether such agreements are entered into for the purposes of enhancing trading relationships between partner nations, strengthening commercial ties, and fostering economic growth; or are they sometimes used merely for local political outcomes of the most influential nations.
Free Trade Agreements and Globalisation: In the Shadow of Brexit and Trump
by Arne MelchiorThis book analyses the fast spread of free trade agreements (FTAs) across the globe, their content and their economic impact. In the wake of Brexit and the new protectionism of President Trump, Melchior offers a timely assessment of key issues relating to FTAs.Dividing the world into seven major regions, he analyses world trade, the globalisation of FTAs and their role within and between the regions. Using a new world trade model, he then presents new evidence on the impact of trade agreements, the value of trade, the impact of China’s growth and the West’s industrial decline, and the role of reciprocity in trade policy. Covering rich and poor countries, commodity exporters and all of the world’s regions, he offers new and original insights about a number of pertinent issues facing today’s world.
Free Will: Historical and Analytic Perspectives
by Marco Hausmann Jörg NollerThis novel contributed volume advances the current debate on free will by bridging the divide between analytic and historically oriented approaches to the problem. With thirteen chapters by leading academics in the field, the volume is divided into three parts: free will and determinism, free will and indeterminism, and free will and moral responsibility. The contributors aim to initiate a philosophical discourse that profits from a combination of the two approaches. On the one hand, the analytic tools familiar from the debate – arguments, concepts, and distinctions – can be used to sharpen our understanding of classical philosophical positions. On the other hand, the rich philosophical tradition can be reconstructed so as to inspire new solutions. In recent years, the problem of free will has received special attention in the analytic arena. This is the first anthology to combine historical and analytic perspectives, significantly furthering the debate, and providing a crucial resource to academics and advanced students alike.
Free Will and the Law: New Perspectives
by Allan McCay Michael SevelThis volume brings together many of the world’s leading theorists of free will and philosophers of law to critically discuss the ground-breaking contribution of David Hodgson’s libertarianism and its application to philosophy of law. The book begins with a comprehensive introduction, providing an overview of the intersection of theories of free will and philosophy of law over the last fifty years. The eleven chapters collected together divide into two groups: the first five address libertarianism within the free will debate, with particular attention to Hodgson’s theory, and in Part II, six contributors discuss Hodgson’s libertarianism in relation to issues not often pursued by free will scholars, such as mitigation of punishment, the responsibility of judges, the nature of judicial reasoning and the criminal law process more generally. Thus the volume’s importance lies not only in examining Hodgson’s distinctive libertarian theory from within the free will literature, but also in considering new directions for research in applying that theory to enduring questions about legal responsibility and punishment.
Freedom: Its Meaning (Collected Works)
by Ruth Nanda AnshenOriginally published in 1942 this book brings together contribution from some of the finest thinkers and philosophers of the 20th century such as Boas, Croce, Einstein, Haldane, Mann, and Russell. The volume discusses the problem of Freedom from diverse points of view and offers a synthesis of issues and conclusions relating to freedom as a basis for action with a view to try and fill the gaps existent in the study of the nature of Man.
Freedom and Democracy in an Imperial Context: Dialogues with James Tully
by Robert Nichols Jakeet SinghFreedom and Democracy in an Imperial Context: Dialogues with James Tully gathers leading thinkers from across the humanities and social sciences in a celebration of, and critical engagement with, the recent work of Canadian political philosopher James Tully. Over the past thirty years, James Tully has made key contributions to some of the most pressing questions of our time, including: interventions in the history of moral and political thought, contemporary political philosophy, democracy, citizenship, imperialism, recognition and cultural diversity. In 2008, he published Public Philosophy in a New Key, a two-volume work that promises to be one of the most influential and important statements of legal and political thought in recent history. This work, along with numerous other books and articles, is foundational to a distinctive school of political thought, influencing thinkers in fields as diverse as Anthropology, History, Indigenous Studies, Law, Philosophy and Political Science. Critically engaging with James Tully’s thought, the essays in this volume take up what is his central, and ever more pressing, question: how to enact democratic practices of freedom within and against historically sedimented and actually existing relationships of imperialism?
Freedom and Fulfillment: Philosophical Essays
by Joel FeinbergDealing with a diverse set of problems in practical and theoretical ethics, these fourteen essays, three of them previously unpublished, reconfirm Joel Feinberg's leading position in the field of legal philosophy. With a clarity and humor that will be familiar to readers of his other works, Feinberg writes on topics including "wrongful life" suits in the law of torts, or whether there is any sense in the remark that a person is so badly off that he would be better off not existing at all; the morality of abortion; educational options; free expression; civil disobedience; and the duty of easy rescue in criminal law. He continues with a three-part defense of moral rights in the abstract, a discussion of voluntary euthanasia, and an inquiry into arguments of various kinds for not granting legal rights in enforcement of a person's acknowledged moral rights. This collection concludes with two essays dealing with concepts used in appraising the whole of a person's life: absurdity and self-fulfillment, and their interplay.
Freedom and Responsibility
by Hilary BokCan we reconcile the idea that we are free and responsible agents with the idea that what we do is determined according to natural laws? For centuries, philosophers have tried in different ways to show that we can. Hilary Bok takes a fresh approach here, as she seeks to show that the two ideas are compatible by drawing on the distinction between practical and theoretical reasoning.Bok argues that when we engage in practical reasoning--the kind that involves asking "what should I do?" and sifting through alternatives to find the most justifiable course of action--we have reason to hold ourselves responsible for what we do. But when we engage in theoretical reasoning--searching for causal explanations of events--we have no reason to apply concepts like freedom and responsibility. Bok contends that libertarians' arguments against "compatibilist" justifications of moral responsibility fail because they describe human actions only from the standpoint of theoretical reasoning. To establish this claim, she examines which conceptions of freedom of the will and moral responsibility are relevant to practical reasoning and shows that these conceptions are not vulnerable to many objections that libertarians have directed against compatibilists. Bok concludes that the truth or falsity of the claim that we are free and responsible agents in the sense those conceptions spell out is ultimately independent of deterministic accounts of the causes of human actions.Clearly written and powerfully argued, Freedom and Responsibility is a major addition to current debate about some of philosophy's oldest and deepest questions.
Freedom and Tenure in the Academy
by William W. Van AlstyneQuestions of academic freedom--from hate speech to the tenure structure--continue to be of great urgency and perennial debate in American higher education. Originally published as a special issue of Law and Contemporary Problems (Summer 1990), this volume draws together leading scholars of law, philosophy, and higher education to offer a fresh assessment of the founding principles of academic freedom and to define this crucial topic for the 1990s. The original 1940 Statement of Principles on Academic Freedom and Tenure, which has been influential in determining institutional practices for the last half century, has required continual redefinition since its initial declaration. The volume begins with two overview articles: the most complete examination of the 1940 Statement ever provided (shedding light on some of its most troublesome clauses) and a historical review of the extent to which academic freedom has been accepted into domestic constitutional law. Subsequent articles address a range of issues related to academic freedom: the relationship between tenure and academic freedom; tenure and labor law; ideology and faculty selection; freedom of expression and the arts on campus; the boundaries defining hate speech and offensive expression; the clash between institutional and individual claims of academic freedom; and the practices of religious colleges in the United States.Contributors. Ralph S. Brown, Matthew W. Finkin, Jordan E. Kurland, Michael W. McConnell, Walter P. Metzger, Robert M. O'Neil, David M. Rabban, Rodney A, Smolla, Janet Sinder, Judith Jarvis Thomson, William W. Van Alstyne
Freedom and the End of Reason: On the Moral Foundation of Kant's Critical Philosophy
by Richard L. VelkleyIn Freedom and the End of Reason, Richard L. Velkley offers an influential interpretation of the central issue of Kant’s philosophy and an evaluation of its position within modern philosophy’s larger history. He persuasively argues that the whole of Kantianism#151;not merely the Second Critique#151;focuses on a #147;critique of practical reason” and is a response to a problem that Kant saw as intrinsic to reason itself: the teleological problem of its goodness. Reconstructing the influence of Rousseau on Kant’s thought, Velkley demonstrates that the relationship between speculative philosophy and practical philosophy in Kant is far more intimate than generally has been perceived. By stressing a Rousseau-inspired notion of reason as a provider of practical ends, he is able to offer an unusually complete account of Kant’s idea of moral culture.
The Freedom Bible: An A-to-Z Guide to Exercising Your Individual Rights, Protecting Your Privacy, Liberating Yourself from Corporate and Government Overreach
by Ted AdamsLearn How to Protect Your Family&’s Freedom!Freedom is the foundation on which America was born and continues to thrive. If you believe in the strength of freedom as more than an ideal, you can find smart ways to exercise it in all parts of your life! The Freedom Bible is your A-to-Z guide to knowing your individual rights and seeking more control and freedom through the decisions you face every day.Own healthcare decisions for you and your familyMake choices that direct your dollars where you want—for example, made in America, not overseasKnow your options to challenge governing boards—from home ownership associations to school boardsReduce your reliance on &“the grid&”Escape the invasiveness of all kinds of technologyGuard your privacy and free speech on social mediaAnd much more!Get freedom from…· Big Government· Big Tech· Dependence on Overseas Goods· Employer &“Requirements&”· HOAs· Social media jail· Spam callers· Taxes· And More!
Freedom Bound: Law, Labor, and Civic Identity in Colonizing English America, 1580–1865
by Christopher TomlinsFreedom Bound is about the origins of modern America - a history of colonizing, work and civic identity from the beginnings of English presence on the mainland until the Civil War. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants - free and unfree - to do the work of colonizing and how the newcomers secured possession. It tells of the new civic lives that seemed possible in new commonwealths and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, when - just for a moment - it seemed that freedom might finally be unbound.
Freedom Bound: Law, Labor, and Civic Identity in Colonizing English America, 1580-1865
by Christopher TomlinsFreedom Bound is about the origins of modern America - a history of colonizing, work, and civic identity from the beginnings of English presence on the mainland until the Civil War. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants - free and unfree - to do the work of colonizing, and how the newcomers secured possession. It tells of the new civic lives that seemed possible in new commonwealths, and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, when - just for a moment - it seemed that freedom might finally be unbound.
Freedom for the Thought That We Hate: A Biography of the First Amendment
by Anthony LewisMore than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment. In Freedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas--political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
Freedom from Fear: An Incomplete History of Liberalism
by Alan S. KahanA provocative new history of liberalism that also provides a road map for today’s liberalsFreedom from Fear offers a striking new account of the dominant political and social theory of our time: liberalism. In a pathbreaking reframing of the historical debate, Alan Kahan charts the development of Western liberalism from the late eighteenth century to the present. Examining key liberal thinkers and issues, Kahan shows how liberalism is both a response to fear and a source of hope: the search for a world in which no one need be afraid.Freedom from Fear reveals how liberal arguments typically rely on three pillars: freedom, markets, and morals. But when liberals ignore one or more of these pillars, their arguments generally fail to persuade. Extending from Adam Smith and Montesquieu to today’s battles between liberals and populists, the book examines the twists and turns of the “incomplete” or unfinished liberal tradition while demonstrating its fundamental continuity. It combines fresh accounts of familiar figures such as Tocqueville and Rawls with discussions of less-famous but pivotal thinkers such as A. V. Dicey and Jane Addams, and explores how liberals have dealt with crucial issues, from debates over male and female suffrage to colonialism and liberal anti-Catholicism.By transforming our understanding of the history of liberal thought and practice, Freedom from Fear provides a new picture of the political creed today: the paths liberals need to follow, the questions they need to answer, and the dead ends they must avoid—if they are to win.
Freedom from Religion and Human Rights Law: Strengthening the Right to Freedom of Religion and Belief for Non-Religious and Atheist Rights-Holders (Routledge Research in Human Rights Law)
by Marika McAdamAlthough human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.
Freedom from Speech
by Greg LukianoffThis is a surreal time for freedom of speech. While the legal protections of the First Amendment remain strong, the culture is obsessed with punishing individuals for allegedly offensive utterances. And academia - already an institution in which free speech is in decline - has grown still more intolerant, with high-profile "disinvitation" efforts against well-known speakers and demands for professors to provide "trigger warnings" in class. In this Broadside, Greg Lukianoff argues that the threats to free speech go well beyond political correctness or liberal groupthink. As global populations increasingly expect not just physical comfort but also intellectual comfort, threats to freedom of speech are only going to become more intense. To fight back, we must understand this trend and see how students and average citizens alike are increasingly demanding freedom from speech.