Free Speech in an Open Society

Be the first to write a review

Overview

This 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".

This 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...

See more details below
Paperback (1st Vintage Books ed)
$19.00
BN.com price
Other sellers (Paperback)
  • All (30) from $1.99   
  • New (8) from $5.93   
  • Used (22) from $1.99   
Free Speech in an Open Society

Available on NOOK devices and apps  
  • Nook Devices
  • NOOK HD/HD+ Tablet
  • NOOK
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK Study
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook)
$14.99
BN.com price

More About This Book

Overview

This 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".

This 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.

Read More Show Less

Editorial Reviews

Publishers Weekly - Publisher's Weekly
Smolla offers an eloquent, carefully reasoned brief for society's need to protect citizens from the government's inherent proclivity to engage in censorship and secrecy. (Aug.)
Kirkus Reviews
A superb exposition of the significance of free speech and an analysis of how to preserve it in our increasingly complex society. Smolla (Law/Marshall-Wythe School of Law at William and Mary College) makes a case for an open culture—one in which free-speech values pervade and permit a robust and open exchange of ideas. Seeing the achievement of such a culture as "an aspiration of transcendent importance," he envisions a society in which free speech is seen both as a means of testing and choosing the best ideas—the "marketplace" rationale for free speech—and as an end in itself. Smolla demonstrates, however, that, in practice, society attempts to establish limits on speech that often lead to significant diminution of speech. He analyzes the possible harms of speech—to persons and property; to social, transactional, and business relationships; to individuals and to communal sensibilities—and creates a theoretical hierarchy of harms that, in his view, can create a theoretical basis for regulating speech (how his theory can be reconciled with the absolutist language of the First Amendment is not clear). After discussing this theoretical groundwork, Smolla examines the application of free- speech principles in practical situations, which he divides broadly into political speech (such as hate speech, obscenity, individual privacy, and public funding of the arts) and issues raised by newsgathering (such as censorship in the Persian Gulf War, the attempt to restrain release of tapes in the Noriega case, and the challenges posed by new technologies). Avoiding easy answers, the author demonstrates an acute sensitivity to the importance of preserving free speech whilerecognizing the practical problems faced by policy-makers. Smolla takes a scholarly—yet accessible—approach to his subject and displays a sure knowledge of recent First Amendment jurisprudence. An excellent and important work.
Read More Show Less

Product Details

  • ISBN-13: 9780679742135
  • Publisher: Knopf Doubleday Publishing Group
  • Publication date: 7/27/1993
  • Edition description: 1st Vintage Books ed
  • Edition number: 1
  • Pages: 444
  • Product dimensions: 5.50 (w) x 8.50 (h) x 1.00 (d)

Table of Contents

I The Meaning of Freedom of Speech in an Open Culture
1 The Case for an Open Culture 3
2 The Shortcomings of All Simple Answers 18
3 A Model for Freedom of Speech 43
II Free Speech and the Political Community
4 Patriotism, Community, and Dissent 69
5 Personal Reputation and Privacy 117
6 Hate Speech: Tolerating Intolerance 151
7 Public Funding of the Arts, Education, and Other Forms of Public Speech 170
8 Money and Politics 220
III News-Gathering in the International Marketplace
9 The Noriega Tapes and Other Lessons in Prior Restraints 243
10 The Parable of the Persian Gulf: The First Casualty of War 291
11 The Challenges of New Technologies 321
12 Toward an International Marketplace of Ideas 343
Notes 369
Index 415
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Review Guidelines
Add Recommendations
Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously
    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)