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Freedom of Speech in the Marketplace of Ideas / Edition 1
     

Freedom of Speech in the Marketplace of Ideas / Edition 1

by Douglas M. Fraleigh, Joseph S. Tuman, Douglas M. Fraleigh
 

ISBN-10: 0312117159

ISBN-13: 9780312117153

Pub. Date: 10/15/1996

Publisher: Bedford/St. Martin's

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 foundations through censorship on the Internet.

Overview

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 foundations through censorship on the Internet.

Product Details

ISBN-13:
9780312117153
Publisher:
Bedford/St. Martin's
Publication date:
10/15/1996
Edition description:
First Edition
Pages:
378
Product dimensions:
6.38(w) x 9.30(h) x 0.57(d)

Table of Contents

Preface xv
An Introduction to the Study of Freedom of Speech
1(28)
What Will You Learn About When you Study Freedom of Speech?
1(1)
The Meaning of Freedom of Speech
2(4)
The Definitions of Freedom and Speech
2(1)
Four Criteria for Evaluating the Extent of Freedom of Speech
3(3)
Justification and Critique of Freedom of Speech
6(4)
Reasons for Freedom of Speech
6(4)
Arguments in Support of Restricting Freedom of Speech
10(3)
A Metaphor for Free Speech in the United States
13(3)
The Marketplace Concept
13(2)
Implications of the Marketplace of Ideas Metaphor
15(1)
The Court System in the United States and Its Role in Interpreting the First Amendment
16(4)
The Role of the Judiciary
16(1)
The Process for Resolving Free Speech Questions
16(4)
The Modern Era: Emerging Doctrines
20(5)
The Absolutist Position
20(1)
A Hierarchy of Classes of Speech
21(1)
Tests That Evaluate Government Justifications for Speech Restriction
22(2)
Other Doctrinal Tools---Vagueness and Overbreadth
24(1)
Summary
25(4)
Freedom of Speech: A Historical Perspective
29(30)
Freedom of Speech in the World's First Societies
30(4)
Freedom of Speech before Written History
30(1)
Freedom of Speech in Ancient Egypt
31(2)
Freedom of Speech in Sumeria
33(1)
First Signs of Free Speech Protection
34(10)
The Hebrews: No Sacred Monarchy in Control
35(1)
Ancient Athens: Golden Age for Freedom of Speech?
36(3)
The Roman Republic: Free Speech Customs and Limits
39(2)
Ancient China: Expression of Diverse Philosophies
41(3)
Progress and Setbacks
44(13)
Diverse Traditions on the African Continent
44(1)
The Conflict between Free Speech and Fundamentalist Islamic Beliefs
45(1)
Freedom of Speech for European Peoples
46(1)
The British Experience: Legacy for Freedom of Speech in the United States?
47(5)
Repression of Women's Speech Rights
52(5)
Summary
57(2)
Freedom of Speech in America: 1600-1917
59(30)
Freedom of Speech in Seventeenth-Century America
60(3)
Native American Traditions
60(1)
Limitations on Speech by the First English Settlers
60(3)
The Eighteenth Century
63(3)
Royal Authorities' Attempts to Control Speech
64(1)
Colonial Legislatures' Attempts to Control Speech
65(1)
The New Nation Adopts the Bill of Rights
66(5)
Drafters of the Constitution Omit Free Speech
67(1)
Political Pressure for a Bill of Rights
68(1)
Debate in the House
69(1)
Debate in the Senate
69(1)
The States Approve the Bill of Rights
70(1)
The Sedition Act of 1798
71(3)
The Nineteenth Century: 1800-1860
74(6)
Judicial Decisions Provide Limited Protection for Speech
74(1)
No Freedom of Speech for African American Slaves
75(1)
Freedom of Speech and the Antislavery Cause
76(2)
Free Speech Rights for Women
78(2)
The Civil War
80(1)
Curtailment of Speech Rights in the North
80(1)
Freedom of Speech in the Confederacy
81(1)
After the War: To 1917
81(6)
Anthony Comstock and the Obscenity Controversy
82(1)
Margaret Sanger and the Birth Control Movement
83(1)
The Free Speech Campaigns of the IWW
83(2)
Judicial Decisions on Free Expression, 1866-1917
85(2)
Summary
87(2)
Incitement to Illegal Conduct
89(34)
The Clear and Present Danger Test
90(15)
The Origin of the Clear and Present Danger Test
92(4)
A Call to Require a More "Clear and Present" Danger
96(6)
Critical Thinking: When Should Speakers Be Held Accountable?
102(3)
The Gitlow Decision Protects Freedom of Speech from State Abridgment
105(1)
Freedom of Speech for Communists---Clear and Present Danger?
106(7)
Speech at a Communist Meeting is Not Inherently a Clear and Present Danger
107(1)
Persecution of Communists Intensifies in Dennis v. United States
108(4)
Repression of Communist Speech Decreases
112(1)
Brandenburg v. Ohio: Strengthening the Protection of Speech
113(5)
The Court's Opinion Strengthens Protection for Speakers
113(3)
Black and Douglas Concurrences---Farewell to Clear and Present Danger?
116(1)
Federal Cases Apply the Brandenburg Test
117(1)
The Brandenburg Rule and Contemporary Communication
118(2)
Summary
120(3)
Is Freedom of Speech Inconsistent with National Security?
123(20)
The Pentagon Papers: Do Presidential Assertions of National Security Justify Censorship?
125(7)
Near v. Minnesota: Laying the Groundwork for Prior Restraint
125(1)
The Pentagon Papers Case is Decided
126(6)
Federal Courts Grapple with Competing Values in National Security Cases
132(6)
Prior Restraints on Government Employee Disclosure of Secret Information Are Justifiable
132(2)
Prior Restraints on Nuclear Bomb Concepts Justified
134(2)
Limits on the Right to Know about the CIA
136(2)
Is Subsequent Punishment a Threat to the Marketplace of Ideas?
138(3)
Summary
141(2)
Fighting Words and the Categorical Exceptions Doctrine
143(26)
The Categorical Exceptions and Fighting Words Doctrines Are Announced in Chaplinsky
144(6)
The Fighting Words Definition is Refined in Terminiello
150(1)
The Definition of Fighting Words is Narrowed
151(9)
Cohen v. California: Diverse Contributions to Freedom of Speech Doctrine
151(6)
Gooding v. Wilson: Rejection of the Average Person Test for Fighting Words?
157(1)
Cohen and Gooding Are Used to Vacate Fighting Words Convictions
158(2)
R.A.V.v. City of St. Paul: Fighting Words and Categorical Exceptions Live on
160(5)
The R.A.V. Decision
160(4)
R.A.V.'S Impact on the Categorical Exceptions and Fighting Words Doctrines
164(1)
Summary
165(4)
Hate Speech
169(26)
The Special Problems Raised by Hate Speech
170(6)
Hate Speech Defined
170(1)
Why is Hate Speech Harmful?
170(1)
Hate Speech Occurs in the Context of Prejudice
171(2)
The Problem of Hate Speech on Campus
173(2)
The Campuses Respond
175(1)
Do Speech Codes Violate the First Amendment?
176(10)
The University of Michigan Policy---No First Amendment Exception for Offensive Speech
176(7)
The University of Wisconsis Policy---No Saved by the Categorical Exceptions Theory
183(1)
George Mason University---Offensiveness is Not a Valid Grounds for Controlling Expression
184(2)
Summary of the Federal Court Decisions on Speech Codes
186(1)
Thinking Critically about Hate Speech Regulation
186(7)
Are Speech Codes Constitutional? The Critics Respond
187(2)
Developing Speech Codes That Are Consistent with First Amendment Doctrine
189(1)
A Speech Code Prohibiting Intentional Infliction of Emotional Distress?
190(2)
A Marketplace of Ideas Remedy for Hate Speech
192(1)
Summary
193(2)
Defamation of Character and Related Issues
195(30)
New York Times v. Sullivan: The Actual Malice Rule
196(5)
The New York Times Rule: Who Needs to Prove Actual Malice?
201(11)
The Court Defines Public Officials and Official Conduct
201(3)
The Court Extends the Actual Malice Rule to Public Figures
204(2)
Cases Define the Nature of a Public Figure
206(3)
An Actual Malice Rule for Private Citizen Plaintiffs?
209(3)
The Process of Proving Actual Malice
212(4)
The First Amendment and Substantive Actual Malice Issues
212(1)
The First Amendment and Procedural Issues Pertaining to Actual Malice
213(3)
Other Defamation Issues
216(4)
Group Defamation
216(3)
Defamation and Statements of Opinion
219(1)
Invasion of Privacy
220(2)
Disclosure of Personal Information
220(1)
False Light Invasion
221(1)
Summary
222(3)
Obscenity
225(26)
Obscenity is Not Protected by the First Amendment
226(1)
1957-1973: The Court Struggles with the Meaning of Obscenity
227(7)
The Roth Test for Obscenity
227(1)
Court Attempts to Clarify Obscenity After Roth
228(6)
A Majority Reaches Agreement on Obscene Material
234(7)
The Court Announces the Miller Test
234(4)
Subsequent Cases Apply the Miller Test
238(3)
Does Context Influence Constitutional Protection?
241(4)
Private Possession of Obscene Material Is Protected
241(1)
An Extension of the Stanley Rationale to Adults-Only Theatres is Rejected
242(3)
Critical Thinking about the Obscenity Issue
245(4)
The Conservative Viewpoint: Obscenity is Immoral
245(1)
Obscenity is Violence Against Women
246(1)
The Civil Libertarian Perspective
247(2)
Summary
249(2)
Time, Place, or Manner Restrictions
251(28)
Historical Development
252(5)
The Modern Time, Place, or Manner Test
257(12)
What Constitutes a Reasonable Time, Place, or Manner Restriction?
257(4)
Application of the Three-Pronged Time, Place, or Manner Test
261(4)
The "Time, Place, or Manner" Test in Operation---Clark v. CCNV.
265(4)
The Forums Held in Trust for Public Expression
269(3)
Public Forums Defined by Historical Usage
269(2)
Is a Property's Historical Function the Best Criterion for Determining a Public Forum?
271(1)
Time, Place, or Manner Rules: Noteworthy Controversies
272(4)
The Nazi March in Skokie, Illinois
272(1)
Freedom of Speech in the Public Schools
273(1)
Free Expression Rights of Abortion Protesters
274(1)
Can the Government Require the Inclusion of an Organization in a Public Parade?
275(1)
Summary
276(3)
Symbolic Expression and the First Amendment
279(26)
Nonverbal Symbols as Communication
280(3)
What Are Symbols?
280(1)
When Should Nonverbal Acts Be Classified as Expression?
281(2)
Diverse Means of Communication Can Be the Equivalent of Speech
283(3)
The Court Develops a Doctrine of Symbolic Expression
286(7)
A Definition of Expressive Conduct Premised on Source-Receiver Understanding
286(2)
The Test for Constitutional Protection of Symbolic Expression
288(5)
The Conflict between Free Expression and Preservation of a Treasured National Symbol
293(4)
The Symbolic Importance of the American Flag
293(1)
The Supreme Court and the American Flag, 1907-82
294(3)
Texas v. Johnson---The First Amendment Question is Finally Answered
297(6)
The Texas v. Johnson Decision
297(4)
Implications of Texas v. Johnson
301(1)
The Flag Protection Act of 1989: Constitutional Antidote to Texas v. Johnson?
302(1)
Summary
303(2)
Government-Subsidized Speech
305(26)
Two Theories Relating to Freedom of Government-Subsidized Speech
306(5)
The Right/Privilege Distinction
306(3)
The Unconstitutional Conditions Doctrine
309(2)
Free Speech Rights of Public Employees
311(8)
Bond v. Floyd: Higher Standard of Loyalty for Legislators?
311(2)
Keyishian v. Board of Regents: Academic Freedom and Unpopular Viewpoints on Campus
313(2)
Public Employee Speech: Governed by the Unconstitutional Conditions Doctrine?
315(4)
Free Speech Rights of Government Grant Recipients
319(9)
The Rust v. Sullivan Principle
320(4)
The Rust Principle in Operation
324(4)
Summary
328(3)
Technology and the First Amendment
331(28)
Government Regulation of Telephone, Radio, and Television Communication
332(2)
Telephone Companies: Common Carriers
332(1)
Radio and Television: Scarcity of Available Frequencies
333(1)
Cable Television: More Options for Broadcasters and the Public
333(1)
Access, Scarcity, and the Fairness Doctrine
334(4)
Issue Raised by Frequency Scarcity
334(1)
The Red Lion Decision: Scarcity Justifies the Fairness Doctrine
335(2)
The Fairness Doctrine Reconsidered
337(1)
The Captive Audience: Pervasiveness and the Medium
338(6)
FCC v. Pacifica Foundation: Pervasiveness Justifies Limits on "Indecent" Speech
338(4)
Implications of the Pacifica Decision
342(1)
Attempted Extensions of the Pacifica Rationale
343(1)
New Technologies, the First Amendment, and the Marketplace of Ideas
344(12)
New Communication Technologies and the First Amendment
344(2)
The Growth of an Information Superhighway
346(1)
Challenges to Free Speech on the Information Superhighway
347(2)
First Amendment Doctrine and the Information Superhighway
349(1)
Freedom of Speech for Communicators on the Information Superhighway
349(4)
First Amendment Rights of On-Line Operators
353(2)
The Information Superhighway: Freedom of Expression Worldwide?
355(1)
Summary
356(3)
Glossary 359(8)
Table of Cases 367(2)
Index 369

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