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This historical development of freedom of speech from Athens, through Rome, to England and the United States presents comprehensive, up-to-date treatment secure upon a historical First Amendment base that also covers defamation and privacy, obscenity, commercial speech, prior restraint, free press/fair trial, copyright and broadcasting as well as questions of media access.
| Preface | ||
| Pt. I | Historical Development | 1 |
| Ch. 1 | Freedom of Speech: The English Heritage | 3 |
| I | Control of Communicators | 5 |
| II | Control of Content | 7 |
| III | Technological Constraints: Licensing and Copyright | 13 |
| Ch. 2 | Freedom of Speech in America to World War I | 19 |
| I | Freedom of Speech in Colonial America | 20 |
| II | The Adoption of the Constitution and the Bill of Rights | 24 |
| III | Freedom of Speech in the New Nation: From the Alien and Sedition Acts to World War I | 26 |
| Pt. II | Controls Upon the Content of Speech | 47 |
| Ch. 3 | Political Heresy: Sedition in the United States since 1917 | 49 |
| I | From World War I to World War II: Suppressing Political Dissent, 1917-1940 | 50 |
| II | From the Smith Act of 1940 to the Present: The Hazardous Road to Expanded Freedom | 64 |
| III | Political Heresy: Related Topics | 74 |
| Ch. 4 | Defamation and Invasion of Privacy | 82 |
| I | Speech That Defames: The Traditional Law of Slander and Libel | 84 |
| II | Defamation Law Meets the First Amendment | 91 |
| III | Speech That Invades Privacy | 107 |
| IV | The Special Issue of Emotional Distress | 114 |
| Ch. 5 | Religio-Moral Heresy: From Blasphemy to Obscenity | 120 |
| I | The Religio-Moral Heresy of Blasphemy | 125 |
| II | The Religio-Moral Heresy of Darwinism | 128 |
| III | The Religio-Moral Heresy of "Immoral" Ideas | 131 |
| IV | The Religio-Moral Heresy of "Obscenity" | 133 |
| Ch. 6 | Provocation to Anger and Words That Wound | 167 |
| I | Provocation to Anger | 168 |
| II | Words That Wound: Abusive and Threatening Language | 180 |
| Ch. 7 | Commercial Speech | 190 |
| I | Federal Administrative Agencies and Commercial Speech | 192 |
| II | Commercial Speech and the Constitution | 199 |
| Pt. III | Special Issues | 213 |
| Ch. 8 | Prior Restraint | 214 |
| I | Basic Issues of Prior Restraint | 216 |
| II | Film Review Boards and "Public Decency" | 222 |
| III | National Security | 226 |
| IV | The Duty to Obey | 231 |
| V | A Preview of Prior-Restraint Issues to Come | 233 |
| Ch. 9 | Special Problems of a Free Press | 237 |
| I | Free Press v. Fair Trial | 238 |
| II | Reporter's Privilege: The Protection of Sources and Notes | 246 |
| III | Access to Government Information and Meetings | 250 |
| Ch. 10 | Constraints of Time, Place, and Manner | 259 |
| I | Traditional Issues of Time, Place, and Manner | 260 |
| II | Special Issues of Free Speech in the Public Forum | 276 |
| Ch. 11 | Institutional Constraints: Freedom of Speech in the Schools, the Military, and Prisons | 293 |
| I | First Amendment Rights in the Schools | 295 |
| II | First Amendment Rights in the Military | 310 |
| III | First Amendment Rights in Prisons | 313 |
| Ch. 12 | Technology and Free Speech - Part I: Copyright | 321 |
| I | General Principles of U.S. Copyright Law | 324 |
| II | Copyright Law and the First Amendment | 330 |
| Ch. 13 | Technology and Free Speech - Part II: Broadcasting and Access Theory | 341 |
| I | Broadcasting | 342 |
| II | Modern Technology and the "Marketplace of Ideas" | 363 |
| Pt. IV | Conclusion | 371 |
| Ch. 14 | Approaches to Free and Responsible Communication | 373 |
| I | Theories of Freedom of Speech | 374 |
| II | The Responsible Exercise of Freedom of Speech: A Coordinate Area of Study | 390 |
| Appendix I: The Federal Court System of the United States | 399 | |
| Appendix II: Judicial Decision Making: The Two-Level Theory for Testing Freedom of Speech | 403 | |
| Appendix III: Glossary of Terms | 411 | |
| Table of Cases | 415 | |
| Index | 420 |
Overview
This historical development of freedom of speech from Athens, through Rome, to England and the United States presents comprehensive, up-to-date treatment secure upon a historical First Amendment base that also covers defamation and privacy, obscenity, commercial speech, prior restraint, free press/fair trial, copyright and broadcasting as well as questions of media access.