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Freedom of Speech in the Marketplace of Ideas

Freedom of Speech in the Marketplace of Ideas - 97 edition

Freedom of Speech in the Marketplace of Ideas - 97 edition

ISBN13: 9780312117153

ISBN10: 0312117159

Freedom of Speech in the Marketplace of Ideas by Douglas M. Fraleigh and Joseph S. Tuman - ISBN 9780312117153
Edition: 97
Copyright: 1997
Publisher: St. Martins Press, Inc.
International: No
Freedom of Speech in the Marketplace of Ideas by Douglas M. Fraleigh and Joseph S. Tuman - ISBN 9780312117153

ISBN13: 9780312117153

ISBN10: 0312117159

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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 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.

Table of Contents

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

9. Obscenity

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