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The Indecent Screen explores clashes over indecency in broadcast television among U.S.-based media advocates, television professionals, the Federal Communications Commission, and TV audiences. Cynthia Chris focuses on the decency debates during an approximately twenty-year period since the Telecommunications Act of 1996, which in many ways restructured the media environment. Simultaneously, ever increasing channel capacity, new forms of distribution, and time-shifting (in the form of streaming and on-demand viewing options) radically changed how, when, and what we watch. But instead of these innovations quelling concerns that TV networks were too often transmitting indecent material that was accessible to children, complaints about indecency skyrocketed soon after the turn of the century. Chris demonstrates that these clashes are significant battles over the role of family, the role of government, and the value of free speech in our lives, arguing that an uncensored media is so imperative to the public good that we can, and must, endure the occasional indecent screen.
More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America's culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.
In "Freedom for the Thought That We Hate," two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas--political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America's great founding ideas.
For centuries, people in the creative arts, when faced with severe threats to their cultural free expression, have sought alternative strategies and platforms. Whether Sudanese or Algerian, whether fleeing vicious civil wars or governmental oppression, unrecognised artists and musicians have found ways of avoiding limitations and transcending repercussions. This book reveals some of the alternative spaces where banned art seeks refuge, while continuing to communicate its inspiring message of freedom and hope. It is a unique cultural document with illustrations of cartoons, art, books, CDs, web sites, TV and news.
Edward Snowden, Julian Assange, and Chelsea Manning are key figures in the struggles playing out in our democracies over internet use, state secrets, and mass surveillance in the age of terror. When not decried as traitors, they are seen as whistle-blowers whose crucial revelations are meant to denounce a problem or correct an injustice. Yet, for Geoffroy de Lagasnerie, they are much more than that. Snowden, Assange, and Manning are exemplars who have reinvented an art of revolt. Consciously or not, they have inaugurated a new form of political action and a new identity for the political subject. Anonymity as practiced by WikiLeaks and the flight and requests for asylum of Snowden and Assange break with traditional forms of democratic protest. Yet we can hardly dismiss them as acts of cowardice. Rather, as Lagasnerie suggests, such solitary choices challenge us to question classic modes of collective action, calling old conceptions of the state and citizenship into question and inviting us to reformulate the language of critical philosophy. In the process, he pays homage to the actions and lives of these three figures.
Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.
Free Expression and Democracy takes on the assumption that limits on free expression will lead to authoritarianism or at least a weakening of democracy. That hypothesis is tested by an examination of issues involving expression and their treatment in countries included on The Economist's list of fully functioning democracies. Generally speaking, other countries allow prohibitions on hate speech, limits on third-party spending on elections, and the protection of children from media influences seen as harmful. Many ban Holocaust denial and the desecration of national symbols. Yet, these other countries all remain democratic, and most of those considered rank more highly than the United States on the democracy index. This book argues that while there may be other cultural values that call for more expansive protection of expression, that protection need not reach the level present in the United States in order to protect the democratic nature of a country.
From the University of California, Berkeley, to Middlebury College, institutions of higher learning increasingly find themselves on the front lines of cultural and political battles over free speech. Repeatedly, students, faculty, administrators, and politically polarizing invited guests square off against one another, assuming contrary positions on the limits of thought and expression, respect for differences, the boundaries of toleration, and protection from harm. In Free Speech on Campus, political philosopher Sigal Ben-Porath examines the current state of the arguments, using real-world examples to explore the contexts in which conflicts erupt, as well as to assess the place of identity politics and concern with safety and dignity within them. She offers a useful framework for thinking about free-speech controversies both inside and outside the college classroom, shifting the focus away from disputes about legality and harm and toward democracy and inclusion. Ben-Porath provides readers with strategies to de-escalate tensions and negotiate highly charged debates surrounding trigger warnings, safe spaces, and speech that verges on hate. Everyone with a stake in campus controversies-professors, students, administrators, and informed members of the wider public-will find something valuable in Ben-Porath's illuminating discussion of these crucially important issues.
Does the Labour Government's commitment to Freedom of Information mean the end of excessive secrecy in the UK? Why has Britain finally decided to join the many other countries that enjoy a "right to know"? This book places the UK debate over open government in its political context. Robertson argues that just as secrecy reflected the interests of the powerful, so too does freedom of information. This is a radical and challenging alternative to the conventional view that open government is concerned with empowering "the people".
The business of journalism has an extensive, storied, and often romanticized history. Newspaper reporting has long shaped the way that we see the world, played key roles in exposing scandals, and has even been alleged to influence international policy. The past several years have seen the newspaper industry in a state of crisis, with Twitter and Facebook ushering in the rise of citizen journalism and a deprofessionalization of the industry, plummeting readership and revenue, and municipal and regional papers shuttering or being absorbed into corporate behemoths. Now billionaires, most with no journalism experience but lots of power and strong views, are stepping in to purchase newspapers, both large and small. This addition to the What Everyone Needs to Know (R) series looks at the past, present and future of journalism, considering how the development of the industry has shaped the present and how we can expect the future to roll out. It addresses a wide range of questions, from whether objectivity was only a conceit of late twentieth century reporting, largely behind us now; how digital technology has disrupted journalism; whether newspapers are already dead to the role of non-profit journalism; the meaning of "transparency" in reporting; the way that private interests and governments have created their own advocacy journalism; whether social media is changing journalism; the new social rules of old media outlets; how franchised media is addressing the problem of disappearing local papers; and the rise of citizen journalism and hacker journalism. It will even look at the ways in which new technologies potentially threaten to replace journalists.
Winner of the Vic Premier's Award for Indigenous Writing. I'm Aboriginal. I'm just not the Aboriginal person a lot of people want or expect me to be. What does it mean to be Aboriginal? Why is Australia so obsessed with notions of identity? Anita Heiss, successful author and passionate campaigner for Aboriginal literacy, was born a member of the Wiradjuri nation of central New South Wales, but was raised in the suburbs of Sydney and educated at the local Catholic school. She is Aboriginal; however, this does not mean she likes to go barefoot and, please, don't ask her to camp in the desert. After years of stereotyping Aboriginal Australians as either settlement dwellers or rioters in Redfern, the Australian media have discovered a new crime to charge them with: being too "fair-skinned" to be Australian Aboriginal. Such accusations led to Anita's involvement in one of the most important and sensational Australian legal decisions of the 21st-century when she joined others in charging a newspaper columnist with breaching the Racial Discrimination Act. He was found guilty, and the repercussions continue. Am I Black Enough for You? is a deeply personal memoir, told in her distinctive, wry style. Anita Heiss gives a first-hand account of her experiences as a woman with an Aboriginal mother and Austrian father, and explains the development of her activist consciousness. Read her story and ask: what does it take for someone to be black enough for you?
Zinnophobia offers an extended defense of the work of radical historian Howard Zinn, author of the bestselling A People's History of the United States, against his many critics. It includes a discussion of the attempt to ban Zinn's book from Indiana classrooms; a brief summary of Zinn's life and work; an analysis of Zinn's theorizing about bias and objectivity in history; and a detailed response to twenty-five of Zinn's most hostile critics, many of whom are (or were) eminent historians. 'A major contribution to bringing Zinn's great contributions to even broader public attention, and exposing features of intellectual and political culture that are of no little interest.' Noam Chomsky
Since its first publication in 1859, few works of political philosophy have provoked such continuous controversy as John Stuart Mill's On Liberty, a passionate argument on behalf of freedom of self-expression. This classic work is now available in a new edition that also includes essays by distinguished scholars in a range of fields. The book begins with a biographical essay by David Bromwich and an interpretative essay by George Kateb. Then Jean Bethke Elshtain, Owen Fiss, Judge Richard A. Posner, and Jeremy Waldron present commentaries on the pertinence of Mill's thinking to current debates. They discuss, for example, the uses of authority and tradition, the shifting legal boundaries of free speech and free action, the relation of personal liberty to market individualism, and the tension between the right to live as one pleases and the right to criticize anyone's way of life.
Just how much freedom of speech should high school students have? Does giving children and adolescents a far-reaching right of expression, without joining it to responsibility, ultimately result in an asylum that is run by its inmates?
Since the late 1960s, the United States Supreme Court has struggled to clarify the contours of constitutionally guaranteed freedom of speech rights for students. But as this thought-provoking book contends, these court opinions have pitted students and their litigious parents against schools while undermining the schools necessary disciplinary authority.
In a clear and lively style, sprinkled with wry humor, Anne Proffitt Dupre examines the way courts have wrestled with student expression in school. These fascinating cases deal with political protest, speech codes, student newspapers, book banning in school libraries, and the long-standing struggle over school prayer. Dupre also devotes an entire chapter to teacher speech rights. In the final chapter on the 2007 Bong Hits 4 Jesus case, she asks what many people probably wondered: when the Supreme Court gave teenagers the right to wear black armbands in school to protest the Vietnam War, just how far does this right go? Did the Court also give students who just wanted to provoke their principal the right to post signs advocating drug use?
Each chapter is full of insight into famous decisions and the inner workings of the courts. "Speaking Up" offers eye-opening history for students, teachers, lawyers, and parents seeking to understand how the law attempts to balance order and freedom in schools.
Unavailable for more than fifty years, EIMI finally returns. While sometimes termed a "novel," it is better described as a novelistic travelogue, the diary of a trip to Russia in the 1930s during the rise of the Stalinist government. Despite some contempt for what he witnesses, Cummings's narrator has an effective, occasionally hilarious way of evoking feelings of accord and understanding. As Ezra Pound wrote, Cummings's Soviet Union is laid "out there pellucidly on the page in all its Slavic unfinishedness, in all of its Dostoievskian slobberyness....Does any man wish to know about Russia? 'EIMI' "
A stylistic tour de force, EIMI is a melange of styles and tones, the prose containing many abbreviations, grammatical and syntactical shifts, typographical devices, compounds, and word coinages. This is Cummings's invigorating and unique voice at its finest, and EIMI is without question one of his most substantial accomplishments."
This book examines the history of the legal discourse around political falsehood and its future in the wake of the 2012 US Supreme Court decision in US v. Alvarez through communication law, political philosophy, and communication theory perspectives. As US v. Alvarez confirmed First Amendment protection for lies, Robert N. Spicer addresses how the ramifications of that decision function by looking at statutory and judicial handling of First Amendment protection for political deception. Illustrating how commercial speech is regulated but political speech is not, Spicer evaluates the role of deception in politics and its consequences for democracy in a contemporary political environment where political personalities, partisan media, and dark money donors bend the truth and abuse the virtue of free expression.
In 2005, the Australian Federal Police referred eight Islamic books to the Australian Classification Board. The goal was to secure a ban of the books, all of which were alleged to advocate 'terrorist acts'. After nearly a year of review, and intense public debate, two of the books were refused classification and effectively banned in a move that would have severe repercussions for librarians, scholars, authors and the state of free speech in Australia. Banning Islamic Books in Australia examines the cultural and political contexts that led up to the ban, and the content of the books themselves in an attempt to determine what it was that made them seem so dangerous. It also documents the unintended consequences of the ban on library collections and academic freedom, and how this in turn affects free speech in contemporary Australia.
"This book puts the lie to the myth of academic freedom and that the university is an unabashed training ground for radicals."--Richard Kahn, University of North Dakota
"Essential reading for anyone concerned about the stifling of dissent and free expression in academia and beyond."--Uri Gordon, author of "Anarchy Alive "
Since 9/11, the Bush administration has pressured universities to hand over faculty, staff, and student work to be flagged for potential threats. Numerous books have addressed the question of academic freedom over the years; this collection asks whether the concept of academic freedom still exists at all in the American university system. It addresses not only overt attacks on critical thinking, but also--following trends unfolding for decades--engages the broad socioeconomic determinants of academic culture.
This edited anthology brings together prominent academics writing hard-hitting essays on free speech, culture wars, and academic freedom in a post-9/11 era. It's a powerful response to attacks on critical thinking in our universities by well-respected scholars and academics, including Joy James, Henry Giroux, Michael Parenti, Howard Zinn, Robert Jensen, Ward Churchill, and many more.
Anthony J. Nocella II is completing his PhD work at Syracuse University.
Steven Best, PhD, is an associate professor in the Department of Philosophy at the University of Texas, El Paso.
Peter McLaren, PhD, is a professor of education in the Graduate School of Education and Information Studies at the University of California, Los Angeles.
In January 2012, millions participated in the now-infamous "Internet blackout" against the Stop Online Piracy Act, protesting the power it would have given intellectual property holders over the Internet. However, while SOPA's withdrawal was heralded as a victory for an open Internet, a small group of corporations, tacitly backed by the US and other governments, have implemented much of SOPA via a series of secret, handshake agreements. Drawing on extensive interviews, Natasha Tusikov details the emergence of a global regime in which large Internet firms act as regulators for powerful intellectual property owners, challenging fundamental notions of democratic accountability.
In twenty-first century Japan there are numerous instances of media harassment, intimidation, censorship and self-censorship that undermine the freedom of the press and influence how the news is reported. Since Abe returned to power in 2012, the recrudescence of nationalism under his leadership has emboldened right-wing activists and organizations targeting liberal media outlets, journalists, peace museums and ethnic Korean residents in Japan. This ongoing culture war involves the media, school textbooks, constitutional revision, pacifism and security doctrine. This text is divided into five sections that cover: Politics of press freedom; The legal landscape; History and culture; Marginalization; PR, public diplomacy and manipulating opinion. Press Freedom in Contemporary Japan brings together contributions from an international and interdisciplinary line-up of academics and journalists intimately familiar with the current climate, in order to discuss and evaluate these issues and explore potential future outcomes. It is essential reading for anyone wishing to understand contemporary Japan and the politics of freedom of expression and transparency in the Abe era. It will appeal to students, academics, Japan specialists, journalists, legal scholars, historians, political scientists, sociologists, and those engaged in human rights, media studies and Asian Studies.
At the bottom of every controversy embroiling the university
today--from debates over hate-speech codes to the reorganization of
the academy as a multicultural institution--is the concept of
academic freedom. But academic freedom is almost never mentioned in
these debates. Now nine leading academics, including Henry Louis
Gates, Jr., Edward Said, Richard Rorty, and Joan W. Scott, consider
the problems confronting the American University in terms of their
effect on the future of academic freedom.
This book offers a unique exploration of the current state of freedom of speech as a basic right available to everyone. The research focuses on the different development stages of the concept of freedom of speech and the use of modern indicators to depict the its treatment in different legal cultures, including the obligations under international treaties and the effects that the globalising and digitalising environment have had on it. The authors conduct a broad survey of freedom of speech around the world, from Europe over Russia and both Americas to Africa, Asia, and Australia. The aim of this survey is to identify safeguards of freedom of speech on both a national and an international level, violations and threat scenarios, and in particular challenges to freedom of speech in the digital era.
This book addresses the question: "What should be the appropriate limits to free speech?" The author claims that it is the state, rather than abstract principles, that must provide the answer. The book defends a version of Hobbesian absolutism and rejects the dominant liberal idea that there is a right (human or civil) setting the boundaries of free speech. This liberal view can be known as the "principled defence of free speech", in which speech is established as a constitutional principle that has priority over the state. The author instead offers an "unprincipled approach to free speech", suggesting that the boundaries of speech must necessarily be set by the state, which in liberal democracies means through social and political contestation. The final chapter applies the argument to the topic of hate speech and argues that it is appropriate to limit such speech when it causes harm and offense. The book will be of use to students and scholars across political theory, political science, sociology, philosophy and law.
Two weeks after the United States declared war on Germany in 1917, the town of Lewistown, Montana, held a patriotic parade. Less than a year later, a mob of 500 Lewistown residents burned German textbooks in Main Street while singing "The Star Spangled Banner." In Lewistowns nationalistic fervor, a man was accused of being pro-German because he didnt buy Liberty Bonds; he was subsequently found guilty of sedition. Montanas former congressman Tom Stout was quoted in the towns newspaper, "The Democrat-News, "With our sacred honor and our liberties at stake, there can be but two classes of American citizens, patriots and traitors!
"Darkest Before Dawn" takes to task Montanas 1918 sedition law that shut down freedom of speech. The sedition law carried fines of up to $20,000 and imprisonment for as many as twenty years. It became a model for the federal sedition act passed in 1918. Clemens Work explores the assault on civil rights during times of war when dissent is perceived as unpatriotic. The themes of this cautionary tale clearly resonate in the events of the early twenty-first century.
This is history at its exciting, human best. Clemens Work tells the little-known story of how Americans were punished for what they said during World War I: imprisoned, brutalized, lynched. It is a crucial part of the American struggle for freedom of speech.Anthony Lewis, columnist for the "New York Times" and author of "Gideons Trumpet" and "Make No Law"
Clem Work has written a colorful and engaging account of a rough-and-tumble era when exercising your right of free speech could get you tossed into jail, or worse. Works description of the frenzied and often irrational reaction to dissent duringwartime is truly timeless, disturbingly reminiscent of our own world, post-9/11/01. This book reminds us just how fragile Americans allegiance to the First Amendment can be.Jane E. Kirtley, Silha Professor of Media Ethics and Law, University of Minnesota
Work offers a new way of thinking about a broader topicseditionand one in which new insights are provided. That, in my mind, is the essence of scholarship.--Charles N. Davis, executive director of The National Freedom of Information Center at the University of Missouri, Columbia, and associate professor of journalism
""Darkest Before Dawn" makes an important contribution to the literature of the history of free speech in America. No future study of sedition laws could hope to be complete without drawing on this well researched and well written work. Clem Work has made his mark--and what a marvelous mark it is!"--Ronald K. L. Collins, scholar, The First Amendment Center
Book Details Montana's Attack on Dissent in World War I Era (article by Charles S. Johnson, chief of the Lee Newspapers State Bureau in Helena, Montana):
"As U.S. troops fight in Iraq, Montanans heatedly debate whether we should be engaged in that war. This robust discussion is exactly as it should be in a country that has enshrined the right to free speech in its Constitution's Bill of Rights.
"But the ability to comment candidly, in speech and writing, on this country's policies should never be taken for granted. Clemens P. Work's excellent new book, "Darkest before Dawn: Sedition and Free Speech in the American West," describes in absorbing detail one of the darkest eras in Montana history in which dissenting voices were stifled.
"During World War I, some Montanans opposing U.S. involvement in the war and those immigrants expressing pro-German, anti-American sentiments in beer halls found themselves arrested. Seventy-four Montanans all but one of them men-were convicted of sedition. Forty of these men and the one lone woman served sentences of up to 20 years at Montana State Prison in Deer Lodge and faced fines of up to $20,000.
"Montana's frightening Sedition Act, enacted by a special legislative session and becoming law Feb. 22, 1918, became a model for the Federal Sedition Act, which was enacted May 16, 1918. The language defining sedition in the federal law is identical to the Montana law except for three words.
"It is a shameful, frightening yet fascinating story. Yet it's one many Montanans know nothing about. It should be taught in our schools at all levels so we dont repeat the mistakes of our past.
"The book, published this fall, is a well-written, fully documented history of the period. It sets the stage for what happened here, describes the terrifying events and puts the Montana era in a national context. Work, director of graduate studies at the University of Montana School of Journalism, weaves a compelling story about what led to the dissenting voices.
"Western Montana's two major industries then were mining and timber, which faced an insurgent labor movement upset over unsafe working conditions and low wages. The radical labor group, the Industrial Workers of the World, or Wobblies, helped stir the pot. Miners walked off the job at the Anaconda Copper Mining Co.'s Speculator Mine in 1917 after a fire killed 168 workers and exposed dangerous, illegal working conditions.
"The powerful Anaconda Copper MiningCo. dominated Montana economically and politically as few corporations ever have nationally. Its copper was a critical product in the war effort. The Company had the ears, if not the souls, of most of the state's leading politicians. It also either owned, or had in its pocket, most of Montana's major daily newspapers.
"The United States entered the war in 1917. By no means did all Montanans embrace the idea. Many German immigrants saw no reason for the United States to fight against their homeland, nor did all Irish immigrants support this country bailing out Great Britain.
"Dissent was not tolerated in Montana as a wave of super-patriotism spread. Besides passing the Sedition Act, a special legislative session emboldened the Montana Council of Defense, previously a minor group urging people to grow gardens and buy bonds. The Legislature granted the council the extraordinary power to pass virtual statewide laws.
"The council soon banned German books and forbade the use of the German language here, even in the pulpit, driving Mennonites into Canada. The council encouraged neighbor spying on neighbor, with the full encouragement of spineless politicians, with a few exceptions such as U.S. Attorney and later Sen. Burton K. Wheeler and U.S. District Judge George M. Bourquin.
"The Montana press followed the council in lockstep, with a few courageous exceptions such as William F. Dunn, fiery editor of the "Butte Bulletin," a labor paper.
Work said most sedition convictions in Montana were based on "offhand outburst, often in saloons," usually by blue-collar workers, many of them immigrants, often using foul language.
"As part of his research, Work created the Montana SeditionProject (Web site: http: //www.seditionproject.net/), and, with students' help, has tracked down relatives of some of those convicted and seeks to learn more about others. As Work wrote on the Web site, 'Those caught in Montana's sedition net were hardly heroes, but they should not have been scapegoats either.'
"Among those reading Work's book with keen interest is Gov. Brian Schweitzer, whose grandparents were German-Russian farmers who immigrated to Montana nearly a century ago.
"'What made this country great is the melting pot because we accept a lot of different nationalities, ' Schweitzer said. 'They came here because they wanted to be here. Most were like my grandparents. They came here because they had nowhere else to go.'"Asked if he might issue posthumous pardons to some Montanans convicted of sedition nearly 90 years ago, Schweitzer said he hadn't thought of it. Then he said, 'Why not? I will look into pardons. This was a time of some pretty mass hysteria. Why not clear the names of some of the people?'"
For more information go to www.seditionproject.net/
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