Freedom of Speech

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The First Amendment to the U. s. Constitution gurantees American citizens the rights of freedom of speech and freedom of the press. When these rights clash with other rights, however, the court often have to priortize rights and resolve the conflict. Although First Amendment rights have been negotiated constantly since their establishment free speech controversies assume new dimensions in the age of digital media. But what is "speech" in the digital age? Are some kinds of speech worthier of protection than ...

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Overview

The First Amendment to the U. s. Constitution gurantees American citizens the rights of freedom of speech and freedom of the press. When these rights clash with other rights, however, the court often have to priortize rights and resolve the conflict. Although First Amendment rights have been negotiated constantly since their establishment free speech controversies assume new dimensions in the age of digital media. But what is "speech" in the digital age? Are some kinds of speech worthier of protection than others? Has social media shifted the boundaries between public and private discourse? Does American speech on the internal remain protected in different nations with different laws? This updated edition addresses these questions and discusses other recent challenges to free speech.

Each book in the Point/Counterpoint series offers all the statutes, legal opinions, and studies a student needs to structure a cohesive argument on a given controversial topic. Issues are presented from multiple points of view sidebars cite laws, opinions, and court cases to aid in critical analysis appendices help students conduct legal research, and all sources are fully documented.

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Editorial Reviews

VOYA
The Law and Order television franchise might not be quite as popular with teens as it is with adults, but because teens revel in legal issues, these books will provide inviting recreational reading as well as ample fodder for budding courtroom pugilists. Series editor Alan Marzilli—lobbyist, mental health advocate, and lawyer—introduces each volume with a discussion of the reasons behind exploring multiple sides of issues, acknowledging dichotomies, paradoxes, and the "living document" aspect of Constitutional law. In Freedom of Speech, for example, Historian Alan Allport introduces ideas connected with the First Amendment, referring to it as "a constantly negotiated right." The text opens with a dynamic narrative about Nick Emmett, a Seattle high school senior who challenged a school suspension following discovery of his personal Web site "death notices." In this post-Columbine and post-September 11 era, free speech issues are complex and compounding. Hate speech, obscene expression, and the press are all explored. Each volume includes further resources, related court cases and how to read various court citation codes, related legislation, quoted segments of court decisions, and endnote documentation. Authors conclude texts with a three-page "Beginning Legal Research" directive leading readers to Web portal sites. The slim, attractively designed volumes with colorful graphics, insets, and photos almost belie the compact, concentrated content ideal for debate and social studies classes, presentations, and papers. Index. Illus. Photos. Biblio. Source Notes. Further Reading. VOYA Codes: 5Q 3P M J S (Hard to imagine it being any better written; Will appeal with pushing; Middle School,defined as grades 6 to 8; Junior High, defined as grades 7 to 9; Senior High, defined as grades 10 to 12). 2003, Chelsea House, 108p. PLB
— Patti Sylvester Spencer
School Library Journal
Gr 5-8-Allport raises issues for young people to think about and debate. The first chapter presents the case of a high school student who was suspended for creating an "unofficial" Web site for his school on his home computer. The federal court ruled that his First Amendment rights had been violated. Other issues raised include hate speech, censorship and obscene expression, freedom of the press, terrorism and free speech, commercial speech, and campaign-finance reform. While the book does broach new challenges to free speech, there are no index references to the Patriot Act, the Communication Decency Act, the Child Online Protection Act, or the Child Internet Protection Act. There is a brief annotation of these acts in the "Elements of the Argument" section at the back of the book. While the book is useful for a quick overview of some of the issues related to free speech, Tamara Roleff's Censorship (Greenhaven, 2001) provides more challenging debates on these current threats to free speech.-Pat Scales, South Carolina Governor's School for the Arts and Humanities, Greenville Copyright 2003 Reed Business Information.
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Product Details

  • ISBN-13: 9780791073704
  • Publisher: Facts on File, Incorporated
  • Publication date: 2/28/2003
  • Series: Point/Counterpoint Series
  • Pages: 112
  • Age range: 14 - 17 Years
  • Product dimensions: 6.38 (w) x 9.12 (h) x 0.47 (d)

Table of Contents

Foreword 6

Introduction

Free Speech and the First Amendment 11

Point Some Ideas Are Dangerous Enough to Merit Restriction 23

Counterpoint Banning Dangerous Speech Will Not Solve the Problem 33

Point Obscene Expression Should Not Be Protected 40

Counterpoint Government Should Not Decide What Is Obscene 48

point Freedom of the Press Should Be Restricted 58

Counterpoint Freedom of the Press Is Vital to a Healthy Democracy 68

Conclusion The Current Challenges to Free Speech 77

Appendix: Beginning Legal Research 89

Elements of the Argument 92

Notes 96

Resources 98

Picture Credits 101

Index 102

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