Freedom of Expression in the Marketplace of Ideas

by Douglas M. Fraleigh

• ISBN13: 9781412974677
• ISBN10: 1412974674
• Format: Paperback
• Copyright: 2010-05-19
• Publisher: SAGE Publications, Inc

Summary

This book addresses current free expression issues and analyzes the historical and legal contexts for the First Amendment.Designed for communication and political science courses in freedom of speech, this text encourages students to think critically about freedom of speech and provides a comprehensive analysis of the historical and legal contexts of the first amendment, from its early foundations through censorship on the Internet. This book explores the worldwide history of freedom of expression and examines classic and contemporary judicial opinions which have determined freedom of speech rights in the U.S.This text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses.KEY FEATURES & BENEFITS:- Focuses on landmark Supreme Court free expression decisions and covers follow-up cases that extend and apply these decisions (via significant excerpts from actual cases) so that students can consider the effect of decisions on freedom of expression and the competing values at stake in these cases.- Covers freedom of expression topics in both speech and mediated situations, with comprehensive coverage of such topics as:á obscenity; fighting words and hate speech; national security; invasion of privacy; defamation.

Table of Contents

Preface

List of Court Cases

Introduction to Freedom of Expression and the American Legal System

The Nature of Freedom of Speech

How Free Expression Rights Are Determined

Justifications and Critiques of Freedom of Expression

Conclusion

Historical Perspectives on Freedom of Expression

Free Expression in World Cultures

Freedom of Expression in America: 1600-1917

Conclusion

Incitement to Illegal Conduct and True Threats

The Clear and Present Danger Test

The Gitlow Decision Protects Freedom of Speech From State Abridgement

Freedom of Speech for Communists: Clear and Present Danger?

Brandenburg v. Ohio: Strengthening Protection of Speech

The Brandenburg Rule and Contemporary Communication

Distinguishing Incitement From True Threats

Conclusion

National Security and Freedom of Expression

A National Security Exception to the Constitution?

Government Efforts to Limit Free Expression in Wartime

Government Practices That Keep Information Secret

Government Surveillance of Its Citizens

Conclusion

Fighting Words and the Categorical Exceptions Doctrines

The Categorical Exceptions and Fighting Words Doctrines Are Announced in Chaplinsky

The Fighting Words Definition is Refined in Terminiello

The Definition of Fighting Words is Narrowed

R.A.V. v. City of St.Paul: Fighting Words and Categorical Exceptions Doctrines Live On

Conclusion

Hate Speech

The Problem of Hate Speech

Do Speech Codes Violate the First Amendment?

Thinking Critically About Hate Speech Regulation

Conclusion

Defamation: First Amendment Issues

New York Times v. Sullivan: The Actual Malice Rule

The New York Times Rule: Application of the Actual Malice Test

The New York Times Rule: Proof of Actual Malice

Beyond New York Times v. Sullivan: Additional First Amendment Protections

Has the Actual Malice Rule Served Its Purpose?

Conclusion

Obscenity and Child Pornography

Obscenity Not Protected by the First Amendment

1957-1973: The Supreme Court Struggles With Meaning of Obscenity

Court Majority Agrees on Obscenity

Does Context Influence Constitutional Protection?

Critical Thinking About Obscenity

Distinguishing Obscenity From Child Pornography

Conclusion

Time, Place, and Manner Restrictions

Historical Developments

The Modern Time, Place, and Manner Test

The Forums Held in Trust for Public Expression

Time, Place, or Manner Rules: Noteworthy Controversies

Conclusion

Symbolic Expression

The Benefits of Symbolic Expression

The Definitions of Symbolic Expression

The Test for Constitutional Protection of Symbolic Expression

Restrictions Related to Suppression: The Flag Burning Issue

Conclusion

Technology and the First Amendment

Medium-Specific Restrictions on Expression: Early History

Theories Used to Justify Broadcast Regulation

Regulation of Internet Communication

Conclusion

Privacy and Free Speech

Privacy and the Search for Penumbral Rights

The Right to Privacy in One's Self

The Right to Privacy Within the Home

Balancing a Right to Persuade With a Right to Privacy in Public Spaces Outside the Home

The Right to Informational Privacy

Conclusion

Access to Information

A Right of Access to Government Information

Journalists' Privilege

Access to Judicial Proceedings

Conclusion

Copyright and the First Amendment

Copyright Law in the United States

Copyright Law and the First Amendment

Copyright and New Technology

Conclusion

International and Comparative Perspectives on Freedom of Expression

The Global Freedom of Expression Landscape

Cultural Values and Free Expression Rights

Judicial Decisions on Freedom of Expression

Twenty-First Century Technology and International Freedom of Expression

Conclusion

Index

About the Authors

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