Summary: Encourages students to think critically about freedom of speech and provides a comprehensive analysis of the historical and legal contexts for the first amendment, from its foundations through censorship on the Internet.
Designed for communications and political science courses in freedom of speech, Tuman and Fraleigh address the current issues surrounding freedom of expression and provide a comprehensive...show more analysis of the historical and legal context for the first amendment.
Covers freedom of expression from its historical foundations through censorship on the Internet.
Provokes inquiry and discussion by providing opportunities for students to read extended case law and informed commentary and analysis from others.
Encourages readers to think critically about free speech in developing their own vision of an ideal system of expression.
Reviews the history of free expression in other cultures, as well as the United States.
Discusses campus free speech issues and connects current debates with students' lives.
...show lessEdition/Copyright: 97 Cover: Publisher: St. Martins Press, Inc. Published: 10/15/1996
View Table of Contents
N.B. Each chapter concludes with a Summary.
1. An Introduction to the Study of Freedom of Speech
What Will You Learn About When You Study Freedom of Speech? The Meaning of Freedom of Speech Justification and Critique of Freedom of Speech Arguments in Support of Restricting Freedom of Speech A Metaphor for Free Speech in the United States The Court System in the United States and Its Role in Interpreting the First Amendment The Modern Era: Emerging Doctrines
2. Freedom of Speech: A Historical Perspective
Freedom of Speech in the World's First Societies First Signs of Free Speech Protection Progress and Setbacks
3. Freedom of Speech in America: 1600-1917
Freedom of Speech in Seventeenth-Century America The Eighteenth Century The New Nation Adopts the Bill of Rights The Sedition Act of 1798 The Nineteenth Century: 1800-1860 The Civil War After the War: To 1917
4. Incitement to Illegal Conduct
The Clear and Present Danger Test The Gitlow Decision Protects Freedom of Speech from State Abridgment Freedom of Speech for Communists-Clear and Present Danger? Brandenburg v. Ohio: Strengthening the Protection of Speech The Brandenburg Rule and Contemporary Communication
5. Is Freedom of Speech Inconsistent with National Security?
The Pentagon Papers: Do Presidential Assertions of National Security Justify Censorship? Federal Courts Grapple with Competing Values in National Security Cases Is Subsequent Punishment a Threat to the Marketplace of Ideas?
6. Fighting Words and the Categorical Exceptions Doctrine
The Categorical Exceptions and Fighting Words Doctrines Are Announced in Chaplinsky The Fighting Words Exception Is Refined in Terminiello The Definition of Fighting Words Is Narrowed R.A.V. v. City of St. Paul: Fighting Words and Categorical Exceptions Live On
7. Hate Speech
The Special Problems Raised by Hate Speech Do Speech Codes Violate the First Amendment? Thinking Critically about Hate Speech Regulation
8. Defamation of Character and Related Issues
New York Times v. Sullivan: The Actual Malice Rule The New York Times Rule: Who Needs to Prove Actual Malice? The Process of Proving Actual Malice Other Defamation Issues Invasion of Privacy
Obscenity Is Not Protected by the First Amendment 1957-1973: The Court Struggles with the Meaning of Obscenity A Majority Reaches Agreement on Obscene Material Does Context Influence Constitutional Protection? Critical Thinking about the Obscenity Issue
10. Time, Place, or Manner Restrictions
Historical Development The Modern Time, Place, or Manner Test The Forums Held in Trust for Public Expression Time, Place, or Manner Rules: Noteworthy Controversies
11. Symbolic Expression and the First Amendment
Nonverbal Symbols as Communication Diverse Means of Communication Can Be the Equivalent of Speech The Court Develops a Doctrine of Symbolic Expression The Conflict between Free Expression and Preservation of a Treasured National Symbol Texas v. Johnson: The First Amendment Question Is Finally Answered
12. Government-Subsidized Speech
Two Theories Relating to Freedom of Government-Subsidized Speech Free Speech Rights of Public Employees Free Speech Rights of Government Grant Recipients
13. Technology and the First Amendment
Government Regulation of Telephone, Radio, and Television Communication Access, Scarcity, and the Fairness Doctrine The Captive Audience: Pervasiveness and the Medium New Technologies, the First Amendment, and the Marketplace of Ideas
Table of Cases
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