Speech, Crime, and the Uses of Language / Edition 1

Speech, Crime, and the Uses of Language / Edition 1

by Kent Greenawalt
     
 

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ISBN-10: 0195077113

ISBN-13: 9780195077117

Pub. Date: 09/28/1992

Publisher: Oxford University Press, USA

In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the

Overview

In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage.

Product Details

ISBN-13:
9780195077117
Publisher:
Oxford University Press, USA
Publication date:
09/28/1992
Edition description:
REPRINT
Pages:
368
Product dimensions:
6.06(w) x 9.31(h) x 1.01(d)

Table of Contents

ICommunicative Acts and Freedom of Speech
1.Speech, Communication, and Crime3
2.Rationales for Freedom of Speech9
3.The Boundaries of Speech: What Actions and Restraints Are Significantly Reached by Justifications for Free Speech?40
IICrimes and Communications
4.Agreements, Offers, Orders, and Criminal Implementation79
5.Threats90
6.Encouragements to Crime110
7.Fraud and Falsehood130
8.Offensiveness and Diffuse Harms141
9.Regulation of Expressive Activities for Reasons Unrelated to Content and Regulation of Activities That Are Not Inherently Expressive158
IIIConstitutional Limits on Prohibiting Speech
10.The First Amendment and Its Interpretation165
11.The Developing Law of the Free Speech and Free Press Clauses186
12.General Approaches to First Amendment Interpretation219
13.Agreements, Offers, Orders, Implementation, and Training239
14.Conditional Threats and Offered Inducements249
15.Encouragements of Crime260
16.Reckless and Negligent Risk That One's Communications Will Cause Criminal Harms281
17.Offensiveness, Emotional Distress, and Diffuse Harms287
18.Falsity314
19.Prohibition Not Ostensibly Directed at the Content of Communications328
20.Agreement to Communicate335
21.Conclusion339
Index343

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