This book is about Freedom of Speech and public discourse in the United States. Freedom of Speech is a major component of the cultural context in which we live, think, work, and write, generally revered as the foundation of true democracy. But the issue has a great deal more to do with social norms rooted in a web of cultural assumptions about the function of rhetoric in social organization generally, and in a democratic society specifically. The dominant, liberal notion of free speech in the United States, assumed to be self-evidently true, is, in fact, a particular historical and cultural formation, rooted in Enlightenment philosophies and dependent on a collection of false narratives about the founding of the country, the role of speech and media in its development, and the relationship between capitalism and democracy. Most importantly, this notion of freedom of speech relies on a warped sense of the function of rhetoric in democratic social organization. By privileging individual expression, at the expense of democratic deliberation, the liberal notion of free speech functions largely to suppress rather than promote meaningful public discussion and debate, and works to sustain unequal relations of power. The presumed democratization of the public sphere, via the Internet, raises more questions than it answers-who has access and who doesn't, who commands attention and why, and what sorts of effects such expression actually has. We need to think a great deal more carefully about the values subsumed and ignored in an uncritical attachment to a particular version of the public sphere. This book seeks to illuminate the ways in which cultural framing diminishes the complexity of free speech and sublimates a range of value-choices. A more fully democratic society requires a more critical view of freedom of speech.

A powerful indictment of contemporary attacks on free speech, this book argues for a vigorous First Amendment jurisprudence protecting even offensive types of speech. In recent years, political activists, academics, and legal specialists have attacked traditional notions of free speech protection as they concern hate speech, obscenity, and pornography. They have called for changes in Supreme Court doctrine in defining the First Amendment and have argued that the traditional view of free speech actually creates and perpetuates a society in which the weak--women, minorities, the poor--have no voice. While recognizing their fears, Nicholas Wolfson argues that it is impossible to separate bad speech from good speech without fatally compromising the uniquely American concept of free speech, and that efforts to modify our concept of free speech for a greater egalitarian good can only result in undue state influence over private speech. In a keenly argued analysis, he finds that, in the end, the preservation of free and vigorous speech requires a strong First Amendment protection for even the most hateful of speech.

"This is a thought-provoking and well-written book."
-- "American Political Science Association"

"Passavant's argument depends on stablising a paradoxical tension between two principles conventionally involved in an adversary relationship."
--"Journal of American Studies"

"Passavant challenges the dichotomous approach to the relationship between liberalism and communitarianism. Overall, "No Escape" offers new insight on the relationship by critcally delving into historical events, sociopolitics, and legal developments. It challenges the conventional wisdom regarding the inherent confloict between expanding liberal rights while embracing communitarian values. Some readers will find considerable value in his judiciously documented and forceful argument."
--"The law and Politics Book Review"

Conventional legal and political scholarship places liberalism, which promotes and defends individual legal rights, in direct opposition to communitarianism, which focuses on the greater good of the social group. According to this mode of thought, liberals value legal rights for precisely the same resason that communitarians seek to limit their scope: they privilege the individual over the community. However, could it be that liberalism is not antithetical to social group identities like nationalism as is traditionally understood? Is it possible that those who assert liberal rights might even strengthen aspects of nationalism?

No Escape argues that this is exactly the case, beginning with the observation that, paradoxical as it might seem, liberalism and nationalism have historically coincided in the United States. No Escape proves that liberal government and nationalism canmutually reinforce each other, taking as its example a preeminent and seemingly universal liberal legal right, freedom of speech, and illustrating how it can function in a way that actually reproduces nationally exclusive conditions of power.

No Escape boldly re-evaluates the relationship between liberal rights and the community at a time when the call has gone out for the nation to defend the freedom to live our way of life. Passavant challenges us to reconsider traditional modes of thought, providing a fresh perspective on seemingly intransigent political and legal debates.

Hotly contested and vigorously defended since it was first written into the Bill of Rights, freedom of speech is a basic right that all Americans hold dear. But what of the freedom "not" to speak? Should, for instance, a special prosecutor be able to compel a mother to testify about, and incriminate, her own daughter? The freedom "not" to speak is an implicit "right" that holds great relevance for all of us-the freedom not to speak when commanded by church and state, not to sign an oath, not to salute a flag, not to assert a belief in God, or not to reveal one's political beliefs and associations.

Bosmajian traces the history of the freedom not to speak from the Middle Ages and Inquisition to the twentieth century and the House Committee on Un-American Activities. His history addresses the Civil War and Reconstruction loyalty oaths by Union Confederate soldiers, and the expulsion of Jehovah's Witnesses from schools for refusing to salute the flag, and includes an analysis of coerced speech in a variety of literary works. Bosmajian also contemplates the future of this right to silence and argues for the importance of a specifically labeled and firmly established freedom not to speak.

Van Belle provides the first systematic analysis of the effects that press freedom has on the conduct of international politics. The institutionalization of press freedoms within a state and the free flow of information between the free presses of different nations creates a foreign policy decision making environment that systematically limits policy options, generates domestic political imperatives, and provides specific benefits to a leader. This shapes some aspects of foreign policy in a consistent and empirically identifiable manner, most notably by limiting international conflicts. When social-psychological propositions regarding dehumanization and the acceptance of killing in war are introduced to Van Belle's model, shared press freedom is shown to provide a mechanism that prevents lethal conflicts. The effects of press freedom on international conflict, particularly on hypotheses related to escalating conflicts beyond the threshold of casualties, are quite robust. However, Van Belle indicates there is no evidence of a complimentary effect on cooperation. The combination of findings from the empirical analyses suggest that the key to the effects of press freedom center on the creation of images, such as the dehumanized image of an enemy. A thoughtful analysis that scholars and researchers of foreign policy and international relations as well as journalism and mass communication will find particularly useful.

Freedom of expression is enshrined in the Constitution as a "sacred right" of the American people. The appeal is clear: "Congress shall make no law...abridging the freedom of speech or of the press." Yet the ink had barely dried on the Constitution before the first landmark freedom of expression issue exploded onto the scene. This student resource traces 11 such issues that have polarized the nation. These events show the variety, complexity, and intensity that freedom of speech and expression issues engender. Issues include: BLAlien and Sedition Acts of 1798 BLThe Abolitionist Movement BLThe Civil War BLThe Comstock Law BLWorld War I BLThe Cold War and the "Red Menace" BLThe Civil Rights Movement BLThe Vietnam War BLThe Nazi March on Skokie BLPolitical Correctness and Free Speech on Campus BLThe Internet These events show the variety, complexity, and intensity that freedom of speech and expression issues engender. Magee illustrates how the United States has worked through these contentious periods with American citizens' freedoms remaining intact, if not enhanced. An annotated bibliography follows each issue to provide avenues for further research, and a timeline and general bibliography provide additional reference support.

Free Speech on America's K-12 and College Campuses: Legal Cases from Barnette to Blaine covers the history of legal cases involving free speech issues on K-12 and college campuses, mostly during the fifty-year period from 1965 through 2015. While this book deals mostly with high school and college newspapers, it also covers religious issues (school prayer, distribution of religious materials, and use of school facilities for voluntary Bible study), speech codes, free speech zones, self-censorship due to political correctness, hate speech, threats of disruption and violence, and off-campus speech, including social media. Randall W. Bobbitt provides a representative sampling of cases spread across the five decades and across the subject areas listed above. Recommended for scholars of communication, education, political science, and legal studies.

The relationship between the media and government and the influence that relationship has on democracy and national development is explored in this book. The study provides a succinct descriptive review of scholarly research works on communication and its implications for freedom, democracy, and development. The book lists the most frequently cited works in political communication (specifically regarding media-government relationships and press-freedom issues) and development communication. Following a general introduction, Part One examines press-freedom issues and research worldwide, and Part Two presents the relevant literature on development communication issues and provides insights into why the concept is popular with the developing world's journalists. Students, scholars, and policymakers in political communication, development communication, and international development will find this an invaluable tool for their research endeavors.

This volume, an updated collection of essays presented by leading scholars at a Hofstra University conference on group defamation, provides a cross-disciplinary examination of hate speech. Beginning with the decision of the U.S. Supreme Court in R.A.V. v. St. Paul, the volume analyzes the problem from historical, anthropological, comparative-legal, and American constitutional law perspectives. Among the topics examined are the role of hate speech in the persecutions of Jews and Asians during World War II, in the subordination of Blacks, Native Americans, and women, and the pros and cons of the legal controls on hate speech adopted in such countries as Australia, Canada, and Israel. The section on American constitutional law features several proposed statutes outlawing hate speech, along with model court opinions supporting and attacking their constitutionality. The volume will be of great interest to scholars and students in the areas of intergroup relations and constitutional law as well as policy makers.

The freedom of academics to pursue knowledge and truth in their research, writing, and teaching is a fundamental principle of contemporary higher education in the United States. But this freedom has been hard won and regularly abridged, reinterpreted, and violated. Academic freedom has been central to many issues and controversies in higher education and has thus generated literature in a variety of disciplines. This book provides access to that literature. Included are entries for nearly 500 books, chapters, articles, reports, web sites, and other sources of information about academic freedom. Each entry includes a descriptive annotation, and the entries are grouped in topical chapters. While most of the works cited were published since the 1940 American Association of University Professors Statement of Principles on Academic Freedom and Tenure, some older studies have also been included. Though the volume focuses primarily on higher education in the U.S., it also includes a chapter on academic freedom in other countries.

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.

The academy is in crisis. Students call for speakers to be banned, books to be slapped with trigger warnings and university to be a Safe Space, free of offensive words or upsetting ideas. But as tempting as it is to write off intolerant students as a generational blip, or a science experiment gone wrong, they've been getting their ideas from somewhere. Bringing together leading journalists, academics and agitators from the US and UK, Unsafe Space is a wake-up call. From the war on lad culture to the clampdown on climate sceptics, we need to resist all attempts to curtail free speech on campus. But society also needs to take a long, hard look at itself. Our inability to stick up for our founding, liberal values, to insist that the free exchange of ideas should always be a risky business, has eroded free speech from within.

Academic freedom is increasingly being threatened by a stifling culture of conformity in higher education that is restricting individual academics, the freedom of academic thought and the progress of knowledge - the very foundations upon which academia and universities are built. Once, scholars demanded academic freedom to critique existing knowledge and to pursue new truths. Today, while fondness for the rhetoric of academic freedom remains, it is increasingly criticised as an outdated and elitist concept by students and lecturers alike and called into question by a number of political and intellectual trends such as feminism, critical theory and identity politics. This provocative and compelling book traces the demise of academic freedom within the context of changing ideas about the purpose of the university and the nature of knowledge. The book argues that a challenge to this culture of conformity and censorship and a defence of academic free speech are needed for critique to be possible and for the intellectual project of evaluating existing knowledge and proposing new knowledge to be meaningful. This book is that challenge and a passionate call to arms for the power of academic thought today.

Tracing the battles between the repressors and proponents of free speech, this chronology overviews press and speech freedoms in the United States from 1619 through 1995. Beginning with the American Colonies, the volume covers the religious refugees and political dissidents who settled the Colonies and the press that heated up the struggle to rid America of the Crown. Although freedom of speech and the press became constitutional rights 15 years after the Declaration of Independence, these rights fared poorly until after World War II. This book traces the struggles, the press, and the contending views from 1760 to 1960 and the 35 years of commitment to freedom from 1960 to 1995. Arranged by year, the entries in the chronology include the views and comments of persons in favor of or opposed to freedom of speech, events that affected press freedoms, and technological changes that have had an impact.

Thirty years ago, the Chinese Communist Party (CCP) made a fateful decision: to allow newspapers, magazines, television, and radio stations to compete in the marketplace instead of being financed exclusively by the government. The political and social implications of that decision are still unfolding as the Chinese government, media, and public adapt to the new information environment.
Edited by Susan Shirk, one of America's leading experts on contemporary China, this collection of essays brings together a who's who of experts--Chinese and American--writing about all aspects of the changing media landscape in China. In detailed case studies, the authors describe how the media is reshaping itself from a propaganda mouthpiece into an agent of watchdog journalism, how politicians are reacting to increased scrutiny from the media, and how television, newspapers, magazines, and Web-based news sites navigate the cross-currents between the open marketplace and the CCP censors. China has over 360 million Internet users, more than any other country, and an astounding 162 million bloggers. The growth of Internet access has dramatically increased the information available, the variety and timeliness of the news, and its national and international reach. But China is still far from having a free press. As of 2008, the international NGO Freedom House ranked China 181 worst out of 195 countries in terms of press restrictions, and Chinese journalists have been aptly described as "dancing in shackles." The recent controversy over China's censorship of Google highlights the CCP's deep ambivalence toward information freedom.
Covering everything from the rise of business media and online public opinion polling to environmental journalism and the effect of media on foreign policy, Changing Media, Changing China reveals how the most populous nation on the planet is reacting to demands for real news.

"A thoughtful book that offers significant insights on the potential perils of imposing restraints in the traditional First Amendment rights."
--A. Leon Higginbotham, Jr.

"A powerful collection of essays challenging the advocates of curbing speech in order to promote equality. Most impressively, these writers make their case not through name-calling, but by taking them seriously, and dissecting, opposing arguments and acknowledging complexities, and by invoking informed common sense in bracing prose."
--Gerald Gunther, author of "The Learned Hand: The Man and the Judge,"

At the University of Pennsylvania, a student is reprimanded for calling a group of African-American students water buffalo. Several prominent American law schools now request that professors abstain from discussing the legal aspects of rape for fear of offending students. As debates over multiculturalism and political correctness crisscross the land, no single issue has been more of a flash point in the ongoing culture wars than hate speech codes, which seek to restrict bigoted or offensive speech and punish those who engage in it. In this provocative anthology, a range of prominent voices argue that hate speech restrictions are not only dangerous, but counterproductive. The lessons of history indicate that speech regulation designed to protect minorities is destined to be used against them. Acknowledging the legitimacy of the concerns that prompt speech codes and combining support for civil liberties with an acute concern for civil tights issues, "Speaking of Race, Speaking of Sex" demonstrates that it is difficult, if not impossible, to draw the line between unprotected insults and protected ideas.Decrying such speech regulation as overly concerned with the symbols of racism rather than its realities, Speaking of Race, Speaking of Sex offers a balanced and well-reasoned perspective on one of the most controversial issues of our time.

As governments actively collect and analyse more information about their populations than ever before, citizens struggle to defend their privacy and determine which state secrets are legitimate and which are not. Jurisdictional complexity, the inability of representatives to gain access to relevant information, citizens' relative lack of expertise, and the partisanship that exists between different government agencies make oversight difficult. Secrets and Democracy considers afresh the role that secrets play within liberal democracies and the impact this has on the public's 'right to know, ' the individual's 'right to privacy, ' and the government's penchant for secrecy and data collection. Now, perhaps more than ever, secrecy (and the disclosure of secrets) is in the public eye thanks to the phenomenon of WikiLeaks. However, this book places WikiLeaks in the context of centuries-old discussion of the necessity of secrecy, as well as contemporary debate concerning the relative merits of privacy, openness, transparency, and accountabilit

Exploring language rights politics in theoretical, historical and international context, this book brings together debates from law, sociolinguistics, international politics, and the history of ideas. The author argues that international language rights advocacy supports global governance of language and questions freedoms of speech and expression.

What rallies or inspires people to champion the different causes surrounding filtering or free expression? How do people vary in their views on what the First Amendment guarantees? This book encourages students to think critically about the pros and cons of censorship. The profiles of individuals who are active in free speech debates show that while there aren't always black and white answers, there are numerous ways to take a firm stand on the issues.

Readers will be introduced to a wide variety of people, from feminists arguing both sides of the debate over pornography, to those who believe no one can clearly define what is harmful and what is not. The book also presents people motivated by religious convictions to censor material they consider negative or detrimental. Fifty individual stories about activists on frontlines, fighting for what they believe, bring the controversies surrounding filtering and freedom of expression into sharp focus, offering a rich platform for consideration and debate.