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Free Expression In America

Overview

Freedom of speech is a foundational principle of the American Constitutional system. This collection of over 100 primary documents from a variety of sources will help students understand exactly what is meant by free speech, and how it has evolved since the founding of our country. Court cases, opinion pieces, and many other documents bring to life the tension between America's constitutional commitment to robust and unrestrained discourse and recurring efforts to suppress expression deemed dangerous, degrading ...

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Overview

Freedom of speech is a foundational principle of the American Constitutional system. This collection of over 100 primary documents from a variety of sources will help students understand exactly what is meant by free speech, and how it has evolved since the founding of our country. Court cases, opinion pieces, and many other documents bring to life the tension between America's constitutional commitment to robust and unrestrained discourse and recurring efforts to suppress expression deemed dangerous, degrading or obscene. Explanatory introductions to each document aid users in understanding the various arguments put forth in debates over exactly how to define the Constitution to encourage readers to consider all sides when drawing their own conclusions.

Relying heavily on Supreme Court precedents that have shaped First Amendment law, the volume also provides plenty of carefully selected source materials chosen to reflect the culture of the times, allowing the reader to better understand the climate giving rise to each controversy. The introductory and explanatory text help readers understand the nature of the conflicts, the issues being litigated, the social and cultural pressures that shaped each debate, and the manner in which the composition of the Supreme Court and the passions of the individual Justices affected the development of the law. This welcome resource will provide students with the opportunity to explore the philosophy of the First Amendment's Free Speech provisions and to understand how our historic commitment to freedom of expression has fared at various times in our history.

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Editorial Reviews

Booknews
A collection of some 100 primary documents from a variety of sources, ideal for helping high school and college students understand free speech and how it has evolved. Court cases, opinion pieces, and many other documents bring to life the tension between America's constitutional commitment to unrestrained discourse and recurring efforts to suppress expression deemed dangerous, degrading, or obscene. Explanatory introductions for each document encourage readers to consider all sides of various arguments put forth. The editor teaches law and public policy at Indiana University. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

Meet the Author

SHEILA SUESS KENNEDY is Assistant Professor of Law and Public Policy at Indiana University.

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Table of Contents

Series Foreword
Acknowledgments
Introduction
Pt. I Foundations of Liberty 1
Document 1 Magna Carta (1215) 1
Document 2 Areopagitica (John Milton, 1644) 8
Document 3 Cato's Letters (1720) 12
Pt. II The Concept of Free Speech and the Role of Government during the Founding and Early History of the United States 17
Document 4 Common Sense (Thomas Paine, 1776) 19
Document 5 The Virginia Declaration of Rights (1776) 24
Document 6 The Northwest Ordinance (1787) 26
Document 7 First Amendment, United States Constitution (1791) 29
Document 8 The Alien and Sedition Acts (1798) 30
Document 9 The Kentucky and Virginia Resolutions (1798) 33
Document 10 "Of the Liberty of Thought and Discussion" (John Stuart Mill, 1859) 41
Pt. III 1900-1950: A Half-Century of Paternalism 45
Document 11 Fourteenth Amendment, United States Constitution (1868) 45
Document 12 "The Regulation of Films" (Nation, 1915) 47
Document 13 "Birth Control and Public Morals: An Interview with Anthony Comstock" (Mary Alden Hopkins, 1915) 49
Document 14 The Espionage Act of 1917 55
Document 15 Schenck v. United States; Baer v. United States (1919) 56
Document 16 Debs v. United States (1919) 58
Document 17 Abrams v. United States (1919) 60
Document 18 "What Is Left of Free Speech" (Gerard C. Henderson, 1919) 62
Document 19 "Guardian of Liberty: American Civil Liberties Union" (c. 1920) 67
Document 20 The Scopes Trial (1925) 69
Document 21 Gitlow v. People of New York (1925) 78
Document 22 "Freedom of Speech and Its Limitations" (Roger Hoar, 1927) 79
Document 23 "Dirty Hands: A Federal Customs Officer Looks at Art" (Perry Hobbs, 1930) 84
Document 24 Lovell v. City of Griffin (1938) 89
Document 25 "Facts of Life" (Time, 1938) 91
Document 26 Schneider v. State (Town of Irvigton) (1939) 92
Document 27 Cantwell v. Connecticut (1940) 94
Document 28 Chaplinsky v. New Hampshire (1942) 97
Document 29 West Virginia State Board of Education v. Barnette (1943) 99
Document 30 "The Easy Chair" (Bernard DeVoto, 1944) 102
Pt. IV The 1950s: McCarthyism, Racism, and Censorship 107
Document 31 The Internal Security Act of 1950 (The McCarran Act) 108
Document 32 Veto of the Internal Security Act of 1950 119
Document 33 The Smith Act (1940) 120
Document 34 Dennis v. United States (1951) 128
Document 35 Beauharnais v. Illinois (1952) 130
Document 36 "The Legion and the Library" (Loren P. Beth, 1952) 133
Document 37 "The Freedom to Read" (1953) 137
Document 38 Roth v. United States (1957) 141
Document 39 National Association for the Advancement of Colored People v. Alabama ex rel. Patterson, Attorney General (1958) 144
Document 40 "Freedom of Association Upheld by High Court" (Christian Century, 1958) 146
Pt. V 1960-1998: Smut, Cyberspace, and Political Correctness 149
Document 41 "The Playboy Philosophy" (Hugh Hefner, 1963) 150
Document 42 "An Infinite Number of Monkeys" (Christian Century, 1963) 153
Document 43 Freedman v. Maryland (1965) 155
Document 44 United States v. O'Brien (1968) 155
Document 45 Brandenburg v. Ohio (1969) 157
Document 46 Street v. New York (1969) 158
Document 47 Tinker v. Des Moines Independent Community School District (1969) 160
Document 48 Miller v. California (1973) 162
Document 49 Paris Adult Theatre I v. Slaton, District Attorney (1973) 166
Document 50 Jenkins v. Georgia (1974) 168
Document 51 Federal Election Campaign Act of 1971 170
Document 52 Buckley v. Valeo, Secretary of the United States Senate (1976) 172
Document 53 Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976) 174
Document 54 Linmark Associates, Inc. v. Township of Willingboro (1977) 177
Document 55 Board of Education, Island Trees Union Free School District No. 26 v. Pico, by his next friend Pico (1982) 178
Document 56 New York v. Ferber (1982) 181
Document 57 Indianapolis Ordinance on Pornography (1984) 182
Document 58 American Booksellers Association, Inc. v. William H. Hudnut, III, Mayor, City of Indianapolis (1985) 184
Document 59 Texas v. Johnson (1989) 187
Document 60 St. Paul Bias-motivated Crime Ordinance (1990) 189
Document 61 Irving Rust v. Louis W. Sullivan, Secretary of Health and Human Services; New York v. Louis W. Sullivan, Secretary of Health and Human Services (1991) 190
Document 62 R. A. V. v. City of St. Paul, Minnesota (1992) 194
Document 63 Wisconsin Statute on Hate Crimes (1989-1990) 195
Document 64 Wisconsin v. Mitchell (1993) 196
Document 65 "Do Hate-Crime Laws Restrict First Amendment Rights?" (1998) 199
Document 66 Lamb's Chapel and John Steigerwald v. Center Moriches Union Free School District (1993) 201
Document 67 Communications Decency Act of 1996 203
Document 68 Janet Reno, Attorney General of the United States v. American Civil Liberties Union (1997) 205
Document 69 "A Declaration of the Independence of Cyberspace" (John Perry Barlow, 1996) 208
Pt. VI The Free Press: A Necessary Irritant 211
Document 70 "The Day Mencken Broke the Law" (Herbert Asbury, 1951) 212
Document 71 Near v. Minnesota (1931) 220
Document 72 "A Letter to the American Society of Newspaper Editors on Free Speech and a Free Press" (Franklin D. Roosevelt, 1941) 222
Document 73 New York Times Co. v. Sullivan (1964) 224
Document 74 "Libel and the Free Press" (Norman Dorsen, 1964) 228
Document 75 Curtis Publishing Co. v. Butts (1967) 233
Document 76 The Fairness Doctrine (1966) 236
Document 77 Red Lion Broadcasting Co., Inc. v. Federal Communications Commission (1969) 238
Document 78 "Fairness Rules of F.C.C. Upheld" (Fred P. Graham, 1969) 239
Document 79 New York Times Co. v. United States (1971) 241
Document 80 Gertz v. Robert Welch, Inc. (1974) 245
Document 81 Florida Statute on Right of Reply (1973) 249
Document 82 Miami Herald Publishing Co., Division of Knight Newspapers, Inc. v. Tornillo (1974) 250
Document 83 Cox Broadcasting Corp. v. Cohn (1975) 253
Document 84 Federal Communications Commission v. Pacifica Foundation (1978) 255
Document 85 Landmark Communications, Inc. v. Virginia (1978) 258
Document 86 Public Broadcasting Act (1967) 261
Document 87 Federal Communications Commission v. League of Women Voters of California (1984) 262
Document 88 Reverend Jerry Falwell v. Larry C. Flynt (1986) 266
Document 89 Hazelwood School District v. Kuhlmeier (1988) 271
Document 90 "The Wrong Lesson" (Tom Wicker, 1988) 274
Document 91 "Freedom for All: Can Public Records Be Too Public?" (Chris Feola, 1996) 276
Document 92 "Public Information Is a Public Issue" (Maggie Balough, 1996) 279
Pt. VII The Right to Assemble and Petition: Haranguing, Picketing, and Public Order 283
Document 93 Alabama Statute on Loitering and Picketing (1923) 283
Document 94 Thornhill v. Alabama (1940) 284
Document 95 Marsh v. Alabama (1946) 286
Document 96 Arthur Terminiello's Speech (1949) 288
Document 97 Terminiello v. Chicago (1949) 290
Document 98 Feiner v. New York (1951) 292
Document 99 Edwards v. South Carolina (1963) 297
Document 100 Cox v. Louisiana (1965) 300
Document 101 Gregory v. City of Chicago (1969) 304
Document 102 Coates v. City of Cincinnati (1971) 309
Document 103 Smith, President of the Village of Skokie, Illinois v. Collin (1978) 310
Document 104 Nazis in Skokie: Freedom, Community, and the First Amendment (Donald Alexander Downs, 1985) 313
Document 105 "The Speech We Hate" (Progressive, 1992) 319
Document 106 Paul Schenck and Dwight Saunders v. Pro-Choice Network of Western New York (1997) 322
Glossary 327
Selected Bibliography 331
Index 333
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