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

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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 analyzes the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies, examines the communications for which criminal liability is fixed, and demonstrates the significance of his conclusions for American constitutional law.
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Editorial Reviews

From the Publisher

"The topics Greenawalt presents are interesting and have much relevance in today's times....The ideas are good and refreshing."--The Annals of the American Academy of Political Science

"So long as someone like Kent Greenawalt is at the scales there is no reason to fear that free speech will be balanced lightly away; Greenawalt's earnest concern for free speech shines through in every case he considers."--Constitutional Commentary

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Product Details

  • ISBN-13: 9780195077117
  • Publisher: Oxford University Press, USA
  • Publication date: 9/28/1992
  • Edition description: REPRINT
  • Edition number: 1
  • Pages: 368
  • Product dimensions: 6.06 (w) x 9.31 (h) x 1.01 (d)

Meet the Author

Columbia University Law School
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Table of Contents

I Communicative Acts and Freedom of Speech
1. Speech, Communication, and Crime 3
2. Rationales for Freedom of Speech 9
3. The Boundaries of Speech: What Actions and Restraints Are Significantly Reached by Justifications for Free Speech? 40
II Crimes and Communications
4. Agreements, Offers, Orders, and Criminal Implementation 79
5. Threats 90
6. Encouragements to Crime 110
7. Fraud and Falsehood 130
8. Offensiveness and Diffuse Harms 141
9. Regulation of Expressive Activities for Reasons Unrelated to Content and Regulation of Activities That Are Not Inherently Expressive 158
III Constitutional Limits on Prohibiting Speech
10. The First Amendment and Its Interpretation 165
11. The Developing Law of the Free Speech and Free Press Clauses 186
12. General Approaches to First Amendment Interpretation 219
13. Agreements, Offers, Orders, Implementation, and Training 239
14. Conditional Threats and Offered Inducements 249
15. Encouragements of Crime 260
16. Reckless and Negligent Risk That One's Communications Will Cause Criminal Harms 281
17. Offensiveness, Emotional Distress, and Diffuse Harms 287
18. Falsity 314
19. Prohibition Not Ostensibly Directed at the Content of Communications 328
20. Agreement to Communicate 335
21. Conclusion 339
Index 343
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