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The Freedom of Information Law allows any person to request and obtain, without explanation or justification, existing, identifiable, and unpublished governmental records, including documents, data, and video. Signed into law in New York in 1974, FOIL remains a powerful public panacea in unlocking information and maintaining vital transparency in our state government. Databases detailing public employee compensation, online viewing of highway department agreements and school district superintendents contracts, and text message exchanges all disclosed and made public through FOIL requests are now common, as the last decade has ushered in an increased demand for public information. Orzechowski guides readers through the creation of the law and the concept of open government in the twenty-first century, offering a foundational understanding of how the legislation works, who is exempt, and how the law was created for every citizen of New York State. Dozens of perspectives from state senators to a Pulitzer Prize winner to watchdog organizations outline the impact of New York State's law. Orzechowski examines the drafting of current legislation to strengthen the existing law and offers perspectives from those who are confronted with the real challenges of accessing public information every day: journalists, attorneys, and citizens. This exploration of FOIL, including narrative, scholarly examination, and how-to guides, serves as a tour of a law that continues to impact residents across the state.
Ten years after publication of the first edition of Timothy Shiell's pathbreaking study, restrictions on faculty and student speech on college campuses continue to be hotly contested in the mainstream media, on the internet, in the journals of academic disciplines, in courtrooms, classrooms, and chatrooms. This revised edition adds substantial new material that updates cases and conflicts during the past decade, expands the original's coverage of the relevant literature, and dramatically reinforces Shiell's original argument.
In the first edition Shiell noted that, despite commitments to free speech and the open exchange of ideas, American colleges and universities had increasingly ignored such principles by implementing numerous hate speech codes designed to protect students from racial, sexual, and other forms of harassment. Taking their cue from Title VII of the Civil Rights Act, which guarantees the right to a non-hostile workplace environment, those regulations had posed seemingly unresolvable conflicts between the ideals of free speech and equal protection.
Shiell explored both sides of the fiery debate over campus hate speech codes to bring out their philosophical and legal underpinnings, clarifying classic free speech arguments as well as the ideas of harm and hostile environment, and analyzing numerous case histories. Pointing out that Title VII wasn't meant to apply to academia, Shiell also encouraged readers to consider the role of the courts in eliminating prejudice in this setting and presented a strong argument for the form the codes themselves should ideally take.
The new edition adds substantial new material on developments concerning the Deterrence Argument, the hostile environment approach, new judicial decisions, and the International Argument. It also updates the comprehensive bibliography and list of legal decisions, significantly increasing the value of both for scholars and policymakers alike.
Shiell eloquently makes the case that campus speech codes--no matter how well grounded in history, law, or philosophy--have tended to be overbroad, arbitrarily enforced, and used selectively to protect only certain groups at the expense of others. For that reason especially, his book will continue to challenge academics and general readers to reconsider how we deal with this important issue.
Language is our key to imagining the world, others, and ourselves. Yet sometimes our ways of talking dehumanize others and trivialize human experience. In war other people are imagined as enemies to be killed. The language of race objectifies those it touches, and propaganda disables democracy. Advertising reduces us to consumers, and cliches destroy the life of the imagination.
How are we to assert our humanity and that of others against the forces in the culture and in our own minds that would deny it? What kind of speech should the First Amendment protect? How should judges and justices themselves speak? These questions animate James Boyd White's "Living Speech," a profound examination of the ethics of human expression--in the law and in the rest of life.
Drawing on examples from an unusual range of sources--judicial opinions, children's essays, literature, politics, and the speech-out-of-silence of Quaker worship--White offers a fascinating analysis of the force of our languages. Reminding us that every moment of speech is an occasion for gaining control of what we say and who we are, he shows us that we must practice the art of resisting the forces of inhumanity built into our habits of speech and thought if we are to become more capable of love and justice--in both law and life."
How can we affirm the independence of critical artists and intellectuals when confronted by the new crusaders of Western culture, the neo-conservative champions of morality and good taste, the sponsorship of multinationals and the patronage of the state, and the self-indulgent preoccupations of fashionable theorists who have lost all touch with reality? How can we safeguard the world of free exchange which is, and must remain, the world of artists, writers and scholars?
These are some of the questions discussed by the leading social thinker Pierre Bourdieu and the artist Hans Haacke in this remarkable new book. Their frank and open dialogue on contemporary art and culture ranges widely, from censorship and obscenity to the social conditions of artistic creativity. Among the examples they discuss are the controversies surrounding the exhibition of photographs by Robert Mapplethorpe and Andres Serrano, the debates concerning multiculturalism and ethnic diversity, and the uses of art as a means of contesting and disrupting symbolic domination. They also explore the central themes of Hans Haacke's work, which is used to illustrate the book.
"Free Exchange "is a timely intervention in current debates and a powerful analysis of the conditions and concerns of critical artists and intellectuals today.
In this book, Richard Moon puts forward an account of freedom of expression that emphasizes its social character. Such freedom does not simply protect individual liberty from state interference; it also protects the individual's freedom to communicate with others. It is the right of the individual to communicate: an activity that is deeply social in character, and that involves socially created languages and the use of community resources, like parks, streets, and broadcast stations. Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.
Moon examines the tension between the demands for freedom of expression and the structure of constitutional adjudication in the Canadian context. The book discusses many of the standard freedom of expression issues, such as the regulation of advertising, election spending ceilings, the restriction of hate promotion and pornography, state compelled expression, freedom of the press, access to state and private property and state support for expression. It examines several important Supreme Court of Canada decisions including Irwin Toy, Dolphin Delivery, RJR Macdonald, Keegstra and Butler.
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