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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Freedom of information & freedom of speech
Emma Goldman's Supreme Court appeal occurred during a transitional point for First Amendment law, as justices began incorporating arguments related to free expression into decisions on espionage and sedition cases. This project analyzes the communications that led to her arrest-writings in Mother Earth, a mass-mailed manifesto, and speeches related to compulsory military service during World War I-as well as the ensuing legal proceedings and media coverage. The authors place Goldman's Supreme Court appeal in the context of the more famous Schenck and Abrams trials to demonstrate her place in First Amendment history while providing insight into wartime censorship and the attitude of the mainstream press toward radical speech.
This book offers a political economy analysis of the development and degradation of freedom of the press in Taiwan since 1949, exploring how state-business elites and foreign hegemons interacted to shape the evolution of Taiwan's media. It examines why freedoms increased alongside democratization in the 1990s but deteriorated after the second peaceful turnover of power in 2008 and why significant improvements accompanied Taiwan's close economic connections with the US during the Cold War, only to become eroded as the country developed deeper economic ties with China in the 21st century. Presenting both a domestic and international perspective, this study of the controversial case of Taiwan ultimately argues in favor of three factors. First, state power is not the only threat to press freedom, as corporate organizations and market forces may also play a role in curtailing it. Second, cross-national economic connections do not always improve human and civil rights but may cause damage when they involve more powerful authoritarian countries. Third, just as norms diffuse from liberal contexts to repressive states, repressive norms are also likely to diffuse from powerful authoritarian countries to more liberal but politically and economically weaker ones. Providing a new viewpoint on China's media control overseas, The Political Economy of Press Freedom will be useful for students and scholars of Chinese Studies and Taiwan Studies as well as comparative politics, international relations and Media Studies.
No Free Speech for Fascists explores the choice of anti-fascist protesters to demand that the opportunities for fascists to speak in public places are rescinded, as a question of history, law, and politics. It explains how the demand to no platform fascists emerged in 1970s Britain, as a limited exception to a left-wing tradition of support for free speech. The book shows how no platform was intended to be applied narrowly, only to a right-wing politics that threatened everyone else. It contrasts the rival idea of opposition to hate speech that also emerged at the same time and is now embodied in European and British anti-discrimination laws. Both no platform and hate speech reject the American First Amendment tradition of free speech, but the ways in which they reject it are different. Behind no platform is not merely a limited range of political targets but a much greater scepticism about the role of the state. The book argues for an idea of no platform which takes on the electronic channels on which so much speech now takes place. It shows where a fascist element can be recognised within the much wider category of far-right speech. This book will be of interest to activists and to those studying and researching political history, law, free speech, the far right, and anti-fascism. It sets out a philosophy of anti-fascism for a social media age.
Decentering Citizenship follows three groups of Filipina migrants' struggles to belong in South Korea: factory workers claiming rights as workers, wives of South Korean men claiming rights as mothers, and hostesses at American military clubs who are excluded from claims-unless they claim to be victims of trafficking. Moving beyond laws and policies, Hae Yeon Choo examines how rights are enacted, translated, and challenged in daily life and ultimately interrogates the concept of citizenship. Choo reveals citizenship as a language of social and personal transformation within the pursuit of dignity, security, and mobility. Her vivid ethnography of both migrants and their South Korean advocates illuminates how social inequalities of gender, race, class, and nation operate in defining citizenship. Decentering Citizenship argues that citizenship emerges from negotiations about rights and belonging between South Koreans and migrants. As the promise of equal rights and full membership in a polity erodes in the face of global inequalities, this decentering illuminates important contestation at the margins of citizenship.
Decentering Citizenship follows three groups of Filipina migrants' struggles to belong in South Korea: factory workers claiming rights as workers, wives of South Korean men claiming rights as mothers, and hostesses at American military clubs who are excluded from claims—unless they claim to be victims of trafficking. Moving beyond laws and policies, Hae Yeon Choo examines how rights are enacted, translated, and challenged in daily life and ultimately interrogates the concept of citizenship. Choo reveals citizenship as a language of social and personal transformation within the pursuit of dignity, security, and mobility. Her vivid ethnography of both migrants and their South Korean advocates illuminates how social inequalities of gender, race, class, and nation operate in defining citizenship. Decentering Citizenship argues that citizenship emerges from negotiations about rights and belonging between South Koreans and migrants. As the promise of equal rights and full membership in a polity erodes in the face of global inequalities, this decentering illuminates important contestation at the margins of citizenship.
This book brings together in a systematic manner three discrete areas of interest pertaining to refugees. Asylum is explored through studies on the evolution of legal instruments in Europe, the harmonisation process of European policies, and the broader spectrum of factors underpinning decisions on asylum. Reception and settlement of refugees are analysed through a comparative study of national programmes in France and Britain and in addition a survey of local authority policies. A typology for refugees is developed and tested by a comparison between Chilean and Vietnamese associations in France and Britain.
This book provides a critical account of the transformations, both structural and in terms of journalism practice, undergone by Xinhua, the top Party organ of the Communist regime in China, since the start of the reform age in the late 1970s. It sets out to answer a number of key questions: 1.How far has the most influential news organization in China been marketized? 2.How far has the marketization process changed the way in which Xinhua practices journalism? 3.What has the impact of marketization been on Xinhua's relationship with central, local and global actors? 4.What does the case of Xinhua tell us about the transformation of Chinese media more generally? The book draws on a wealth of empirical data derived from a combination of documentary research at Xinhua and Reuters together with more than100 semi-structured interviews with news executives, journalists, officials and academics in Beijing, Shanghai, Guangzhou, Macau, Hong Kong and London. This book also offers: 1.A critical review of theories of globalization, as they relate to media and communication studies, as well as Chinese studies; 2.A discussion of the historical roots of Party journalism in China; 3.An authoritative guide to China's contemporary media and political environment. The book will be an invaluable reference for students and academics in communication and media studies, Chinese studies, Asian studies, international studies and development studies.
This edited collection addresses a number of free speech vs security concerns that are engaged by counter-terrorism law and policy makers across a number of liberal democracies, and explores the delicate balance between free speech and the censoring of views that promote hatred or clash with fundamental democratic values. It does this by looking at the perspectives and level of disagreement between those who consider today's counter-terrorism and extremism strategies to be a soft and liberal approach, and those who believe these strategies disproportionately impact freedom of expression and association and non-violent political dissent. The contributors include academics, practicing lawyers, and think-tank analysts who examine whether universities and schools incubators of violent radicalism and debate, and whether the views of 'extremist' speakers and hate preachers need to be censored. Outside the UK, critical discussion of the regulation of counter-terrorism, extremism, and free speech in other liberal democracies is also offered. This book will be of great interest to researchers and practitioners with interests in extremism, terrorism, civil rights, and freedom of speech.
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for saying that 'shouting fire in a crowded theater' is not protected by the First Amendment. The case itself upheld an espionage conviction, but it also created a much stricter standard for governmental suppression of speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of American's leading First Amendment scholars, Geoffrey Stone and Lee Bollinger, have gathered a group of the nation's leading legal scholars (Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, and others) to evaluate the development of free speech doctrine since Schenk and assess where it might be headed in our post-Snowden era. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies-remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection for free expression it has afforded since the 1960s. Since 1919, the degree of judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, heightened political sensitivities, and new technologies of communication continually reshape our understanding of what sort of speech should be allowed. Publishing on the one hundredth anniversary of the decision that established free speech as we have come to understand it today, The Free Speech Century will serve as essential overview for anyone interested in how our understanding of the First Amendment transformed over time and why it continues to change to this day.
How do journalists know what they know? Who gets to decide what good journalism is and when it's done right? What sort of expertise do journalists have, and what role should and do they play in society? Until a couple of decades ago, journalists rarely asked these questions, largely because the answers were generally undisputed. Now, the stakes are rising for journalists as they face real-time critique and audience pushback for their ethics, news reporting, and relevance. Yet the crises facing journalism have been narrowly defined as the result of disruption by new technologies and economic decline. This book argues that the concerns are in fact much more profound. Drawing on their five years of research with journalists in the U.S. and Canada, in a variety of news organizations from startups and freelancers to mainstream media, the authors find a digital reckoning taking place regarding journalism's founding ideals and methods. The book explores journalism's long-standing representational harms, arguing that despite thoughtful explorations of the role of publics in journalism, the profession hasn't adequately addressed matters of gender, race, intersectionality, and settler colonialism. In doing so, the authors rethink the basis for what journalism says it could and should do, suggesting that a turn to strong objectivity and systems journalism provides a path forward. They offer insights from journalists' own experiences and efforts at repair, reform, and transformation to consider how journalism can address its limits and possibilities along with widening media publics.
The Corruption of Ethos in Fortress America: Billionaires, Bureaucrats, and Body Slams argues that authoritarian strains of U.S. governance violate the idea of ethos in its ancient, collectivist sense. Christopher Carter posits that this corrupts the cultural "dwelling place" through public relations strategies, policies on race and immigration, and a general disregard for environmental concerns. Donald Trump's presidency provides a signal instance of the problem, refashioning the dwelling place as a fortress while promoting sweeping forms of exclusion and appealing to power for power's sake. Carter's analysis shows that, emboldened by the purported flexibility of truth, Trump's authoritarian rhetoric underwrites unrestrained policing, militarized borders, populist nationalism, and relentless assaults on investigative journalism. These trends bode ill for human rights and critical education as well as progressive social movements and the forms of life they entail. Worse yet, the corruption of ethos threatens life in general by privileging corporate prerogatives over ecological attunement. In response to those tendencies, Carter highlights modes of activism that merge antiracist and labor rhetoric to offer a more fluid, unpredictably emergent vision of social space, allying with ecofeminism in ways that make that vision durable. Scholars of rhetoric, political science, history, ecology, race studies, and American studies will find this book particularly useful.
This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech. The rapid expansion of online communication, as well as the changing roles of government and private organizations in monitoring and regulating the digital world, give rise to new questions, including: How do philosophical defenses of the right to freedom of expression, developed in the age of the town square and the printing press, apply in the digital age? Should search engines be covered by free speech principles? How should international conflicts over online speech regulations be resolved? Is there a right to be forgotten that is at odds with the right to free speech? How has the Internet facilitated new speech-based harms such as cyber-stalking, twitter-trolling, and revenge porn, and how should these harms be addressed? The contributors to this groundbreaking volume include philosophers, legal theorists, political scientists, communications scholars, public policy makers, and activists.
Free speech has been a historically volatile issue in higher education. In recent years, however, there has been a surge of progressive censorship on campus. This wave of censorship has been characterized by the explosive growth of such policies as "trigger warnings" for course materials; "safe spaces" where students are protected from speech they consider harmful or distressing; "micro-aggression" policies that often strongly discourage the use of words that might offend sensitive individuals; new "bias-reporting" programs that consist of different degrees of campus surveillance; the "dis-invitation" of a growing list of speakers, including many in the mainstream of American politics and values; and the prominent "shouting down" or disruption of speakers deemed inconsistent with progressive ideology. Not to be outdone, external forces on the right are now engaging in social media bullying of speakers and teachers whose views upset them. The essays in this collection, written by prominent philosophers, political scientists, sociologists, and legal scholars, examine the issues at the forefront of the crisis of free speech in higher education. The contributors address the broader historical, cultural, legal, and normative contexts of the current crisis, and take care to analyze the role of "due process" in protecting academic freedom and individuals accused of misconduct. Additionally, the volume is unique in that it advances practical remedies to campus censorship, as the editors and many of the contributors have participated in movements to remedy limitations on free speech and open inquiry. The Value and Limits of Academic Speech will educate academic professionals and informed citizens about the phenomenon of progressive censorship and its implications for higher education and the republic.
The essays in this volume portray the debates concerning freedom of speech in eighteenth-century France and Britain as well as in Austria, Denmark, Russia, and Spain and its American territories. Representing the views of both moderate and radical eighteenth-century thinkers, these essays by eminent scholars discover that twenty-fi rst-century controversies regarding the extent of permissible speech have their origins in the eighteenth century. The economic integration of Europe and its offshoots over the past three centuries into a distinctive cultural product, the West, has given rise to a triumphant Enlightenment narrative of universalism and tolerance that masks these divisions and the disparate national contributions to freedom of speech and other liberal rights.
In 2014, Conrad Roy committed suicide following encouragement from his long-distance girlfriend, Michelle Carter, in what has become known as the Texting Suicide case. The case has attracted much attention, largely focusing on the First Amendment free speech issue. This book takes the view that the issue is intertwined with several others, some of which have received less attention but help explain why the case is so captivating and important, issues concerning privacy, accountability, coercion, punishment, and assisted suicide. The focus here is on how all of these issues are interconnected. By breaking the issue down into its complex layers, the work aids reasoned judgment, ensuring we aren't guided solely by our gut reactions. The book is laid out as a case against punishing Ms. Carter, but it is less important that we agree with that conclusion than that we reach our conclusions not just through our instincts and intuitions but by thinking about these fundamental issues. The work will be of interest to scholars in law, political theory, and philosophy as an example of how theoretical issues apply to particular controversies. It will also appeal to readers interested in freedom of speech and the First Amendment, criminal justice and theories of punishment, suicide laws, and privacy.
The essays in this volume portray the debates concerning freedom of speech in eighteenth-century France and Britain as well as in Austria, Denmark, Russia, and Spain and its American territories. Representing the views of both moderate and radical eighteenth-century thinkers, these essays by eminent scholars discover that twenty-fi rst-century controversies regarding the extent of permissible speech have their origins in the eighteenth century. The economic integration of Europe and its offshoots over the past three centuries into a distinctive cultural product, "the West," has given rise to a triumphant Enlightenment narrative of universalism and tolerance that masks these divisions and the disparate national contributions to freedom of speech and other liberal rights.
This book is the first to outline the history of the tactic of 'no platforming' at British universities since the 1970s, looking at more than four decades of student protest against racist and fascist figures on campus. The tactic of 'no platforming' has been used at British universities and colleges since the National Union of Students adopted the policy in the mid-1970s. The author traces the origins of the tactic from the militant anti-fascism of the 1930s-1940s and looks at how it has developed since the 1970s, being applied to various targets over the last 40 years, including sexists, homophobes, right-wing politicians and Islamic fundamentalists. This book provides a historical intervention in the current debates over the alleged free speech 'crisis' perceived to be plaguing universities in Britain, as well as North America and Australasia. No Platform: A History of Anti-Fascism, Universities and the Limits of Free Speech is for academics and students, as well as the general reader, interested in modern British history, politics and higher education. Readers interested in contemporary debates over freedom of speech and academic freedom will also have much to discover in this book.
The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
Modern Power and Free Speech explores the complicated relationship between the First Amendment and culturally disempowered and groups within the United States. By focusing on hate speech, Internet pornography, and political dissent, Chris Demaske analyzes First Amendment discourse and doctrine and questions the role of the concept of the autonomous individual. Demaske asserts that the presupposed equality of so-called 'autonomous individuals' does not exist and goes on to show how these specious claims to equality only serve to further silence those marginalized members of American society. Combining legal analysis, First Amendment theory, feminist theory, and political theory, Chris Demaske addresses the inadequacies of current free-speech doctrine and provides a possible solution to remedy them.
This book analyzes narratives on Donald Trump's 2016 presidential election victory by and for diverse populations. The narratives are designed to help students, women, young Christians, evangelicals, parents of internationally adopted children, white nationalists, etc. understand the meaning and possible consequences of Trump's election, as well as to give voice to the responses and concerns of populations directly affected by Trump's election. Recommended for scholars interested in political communication, rhetoric, cultural studies, sociology, and media studies.
Pat Scales has been a passionate advocate for intellectual freedom long before she launched the "Scales on Censorship" column with School Library Journal in 2006. Decades of experience as a school librarian informs her ongoing work on these important and often volatile issues, as did her tenure in leadership roles on the American Library Association's Intellectual Freedom Committee and at the Freedom To Read Foundation. It also earned her a place among the inaugural list of Library Journal's Movers & Shakers in 2002. Since her first column for SLJ she has been in an ongoing conversation of sorts with librarians, teachers, and parents-a much needed conversation. This collection of the wide-ranging questions from readers and Scales' informative answers are gathered in broad thematic groups to help readers explore the all-too daily reality of confronting efforts to censor, ban, or otherwise limit open and ready access to materials in our schools and libraries. They were all written in response to active book challenges or questions of intellectual freedom and library ethics. These columns have a ripped from the headlines immediacy even as they reflect the core values and policies of librarianship. They are organized by topic and each is framed with a brief new introductory essay. Scales' powerful reputation and practical ethically-based solutions has made her a key spokesperson and support for librarians working under a censorship siege. Her passionate, unwavering voice provides valuable strategic and tactical approaches to censorship, fine-tuned insight into individual books often challenged, and critical moral support for managing trying conversations. Scales is focused throughout on fostering a culture that embraces and understands the importance of intellectual freedom, and the tools to make it a reality every day in our libraries, schools, and communities. Learn from her to build a background in the ethics involved in defending intellectual freedom and lean on her for insights into real-life situations. Scales on Censorship is an essential ally in the ongoing fight.
In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. The author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.
Pat Scales has been a passionate advocate for intellectual freedom long before she launched the "Scales on Censorship" column with School Library Journal in 2006. Decades of experience as a school librarian informs her ongoing work on these important and often volatile issues, as did her tenure in leadership roles on the American Library Association's Intellectual Freedom Committee and at the Freedom To Read Foundation. It also earned her a place among the inaugural list of Library Journal's Movers & Shakers in 2002. Since her first column for SLJ she has been in an ongoing conversation of sorts with librarians, teachers, and parents-a much needed conversation. This collection of the wide-ranging questions from readers and Scales' informative answers are gathered in broad thematic groups to help readers explore the all-too daily reality of confronting efforts to censor, ban, or otherwise limit open and ready access to materials in our schools and libraries. They were all written in response to active book challenges or questions of intellectual freedom and library ethics. These columns have a ripped from the headlines immediacy even as they reflect the core values and policies of librarianship. They are organized by topic and each is framed with a brief new introductory essay. Scales' powerful reputation and practical ethically-based solutions has made her a key spokesperson and support for librarians working under a censorship siege. Her passionate, unwavering voice provides valuable strategic and tactical approaches to censorship, fine-tuned insight into individual books often challenged, and critical moral support for managing trying conversations. Scales is focused throughout on fostering a culture that embraces and understands the importance of intellectual freedom, and the tools to make it a reality every day in our libraries, schools, and communities. Learn from her to build a background in the ethics involved in defending intellectual freedom and lean on her for insights into real-life situations. Scales on Censorship is an essential ally in the ongoing fight.
Shaheed Nick Mohammed's Communication and the Globalization of Culture: Beyond Tradition and Borders provides a unique perspective on the concept of culture and its fate in the globalized, mediated environment. Acknowledging widespread fears of cultural erosion at the hands of dominant global forces, Mohammed argues that what we understand as culture has always been the product of global forces, including those of trade and exchange. Our very conceptions of culture are questioned. The sanctity of tradition, religion, and heritage, the book suggests, should give way to an appreciation of the quite mundane origins of cultural artifacts, invented often as matters of political or social expedience, adopted sometimes in accidents of history and canonized by time into the catechisms of cultural belief. Communication and the Globalization of Culture also suggests several mechanisms by which pragmatic social practices and fictional discourses make their way into the cultural beliefs and traditions of societies. Shaheed Nick Mohammed examines how the modern globalized environment gives rise to cultural practices that demonstrate cultural inventions, imagined communities, and manufactured cultural products, suggesting that such inventions and imaginations are not uniquely modern but rather a continuation of cultural inventions that long pre-date our media-globalized environment.
Full text online version at www.nyupress.org/netwars. Who will rule cyberspace? And why should people care? Recently stories have appeared in a variety of news media, from the sensational to the staid, that portray the Internet as full of pornography, pedophilia, recipes for making bombs, lewd and lawless behavior, and copyright violators. And, for politicians eager for votes, or to people who have never strolled the electronic byways, regulating the Net seems as logical and sensible as making your kids wear seat belts. Forget freedom of speech: children can read this stuff. From the point of view of those on the Net, mass-media's representation of pornography on the Internet grossly overestimates the amount that is actually available, and these stories are based on studies that are at best flawed and at worst fraudulent. To netizens, the panic over the electronic availability of bomb-making recipes and other potentially dangerous material is groundless: the same material is readily available in public libraries. Out on the Net, it seems outrageous that people who have never really experienced it are in a position to regulate it. How then, should the lines be drawn in the grey area between cyberspace and the physical world? In net.wars, Wendy Grossman, a journalist who has covered the Net since 1992 for major publications such as "Wired, The Guardian," and "The Telegraph," assesses the battles that will define the future of this new venue. From the Church of Scientology's raids on Net users to netizens attempts to overthrow both the Communications Decency Act and the restrictions on the export of strong encryption, net.wars explains the issues and the background behind the headlines. Among the issues covered are net scams, class divisions on the net, privacy issues, the Communications Decency Act, women online, pornography, hackers and the computer underground, net criminals and sociopaths, and more. |
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