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.

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.

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.

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 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 is a must-read for anyone studying and researching the rise and fall of Senator Joseph R. McCarthy and McCarthyism in American political life. Intolerance in America that targets alleged internal subversives controlled by external agents has a storied history that stretches hundreds of years. While the post-World War II "Red Scare" and the emergence of McCarthyism during the 1950s is the era commonly associated with American anticommunism, there was also a "First Red Scare" that occurred in 1919-1920. In both time periods, many Americans feared the radicalism of the left, and some of the most outspoken-like McCarthy-used slander to denounce their political enemies. The result was an atmosphere in which individual rights and liberties were at risk and hysteria prevailed. McCarthyism and the Red Scare: A Reference Guide tracks the rise and fall of Senator Joe McCarthy and the broad pursuit of domestic "Red" subversives in the post-World War II years, and focuses on how American society responded to real and perceived threats from the left during the first decade of the Cold War. Provides an overview of McCarthyism and the postwar Red Scare, relating these mindsets to other waves of domestic persecution Includes 12 relevant historic documents such as the Truman Loyalty Oaths; a transcript of McCarthy's speech in Wheeling, West Virginia; McCarthy's attacks on Acheson and Marshall; Margaret Chase Smith's Statement on Conscience; and the Senate's censure of McCarthy Provides information on the First Red Scare and the emergence of the American fear of the Left and the potential for a revolution Includes 11 short biographies of primary individuals associated with McCarthyism and the Red Scare Presents a chronology of events that threatened or weakened individual rights throughout the 20th century, with a specific focus on the Red Scare periods of 1919-21 and 1945-57 An annotated bibliography includes primary and secondary sources representing the most significant contemporary and scholarly works on the topic

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.

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.

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

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.

This authoritative annotated document collection surveys and explains efforts to censor, intimidate, suppress—and reform and improve—news organizations and journalism in America, from the newspapers of colonial times to the social media that saturates the present day. This primary source collection will help readers to understand how the press has been vilified (usually by powerful political or corporate interests) over the course of American history, with a special focus on current events and how these efforts to censor or influence news coverage often flout First Amendment protections concerning freedom of the press. Selected documents highlight efforts to intimidate, silence, condemn, marginalize, and otherwise undercut the credibility and influence of American journalism from the colonial era through the Trump presidency. Most of the featured documents focus on efforts borne out of self-interested attempts to shape or conceal news for political or economic gain or personal fame, but coverage also includes instances in which press actions, attitudes, or priorities deserved censure. All told, the collection will be a valuable resource for understanding the importance of a free press to American life (and the constitutional basis for preserving such), the motivations (both selfish and altruistic) of critics of American journalism from the earliest days of the Republic to today, and the impact of all of the above on American society.

Mark Tushnet presents a concise yet comprehensive overview of free expression law, understood as a form of constitutional law. Confronting the major issues of free expression - speech critical of government, libel law, hate speech regulation, and the emerging challenges posed by new technologies - he evaluates the key questions and potential difficulties for future generations. Contrasting the United States with current law in Europe and elsewhere, Tushnet argues that freedom of expression around the world should reflect deference to legislative judgements, unless those judgements reflect inadequate deliberation or bias, and that much of the existing free expression law is consistent with this view. Key features include: Comprehensible for both students of law and non-specialist readers interested in freedom of expression from a legal perspective Viewpoints from multiple legal systems including analysis of decisions made by the US Supreme Court and the European Court of Human Rights Explains the two legal doctrinal structures: categorical, rule-bound approaches and standards-based approaches List of key references for further reading, allowing readers to extend their knowledge of the topic past the advanced introduction. This Advanced Introduction will be an essential foundational text for students of law, as well as those from a political science background who can view freedom of expression from a legal perspective.

Is academic freedom threatened? The book examines current challenges to academic freedom in Europe, focusing mainly on Italy and Germany. The cases discussed demonstrate that research and teaching are under pressure in European democracies: in Hungary and Poland due to political constraints, in other countries due to societal expectations. Considering different interrelated aspects, the four parts of the book explore many real and potential threats to universities, scientific institutions and researchers, ranging from the European dimension of freedom of the arts and sciences to comparative analysis of emerging challenges to academic freedom against the backdrop of the COVID-19 pandemic. They highlight threats to university autonomy from the economic orientation of university governance, which emphasizes efficiency, competition, and external evaluation, and from new rules concerning trigger warnings, speech restrictions, and ethics commissions. Detailed study of these complex threats is intended to stimulate scholarly reflection and elicit serious discussion at European and national level. The volume contributes to the search for a new role of universities and scientific institutions and is addressed to academics and political stakeholders.

Information technology has provided numerous options to individuals, governments, and corporations around the world. These options demand that choices be made, and such choices often involve ethical decisions. Users must decide, for example, whether certain data should be made available on the Internet, whether the information contained in various databases should be sold to third parties, and whether software developers should be held responsible for social and economic problems that result from their programs. This book provides a rigorous but accessible discussion of some of the major ethical issues concerning computers and information technology. The text gives particular attention to widespread issues concerning intellectual property rights, censorship, and privacy, along with less frequently raised topics, such as ethical worries about image manipulation, virtual reality, and the moral status of intelligent machines and expert systems. Computers and information technology have created numerous options for their users. Individuals, governments, and corporations around the world must decide whether a particular technology or application should be used, how it should be employed, and toward what end. Sometimes such decisions may be based on purely economic or personal considerations. For example, a user might feel more comfortable with a particular word processing software, and a company might decide that a particular spreadsheet package meets all of its needs at a lower cost than competing products. But decisions concerning computer and information technology also involve ethical issues. Companies must determine whether it is an ethically correct objective to save money by replacing workers with technology. Courts and governments must decide whether it is ethical to censor communication on the Internet, or require software developers to have liability for social ills caused by use of their products, or for corporations to collect and sell information about individuals and their habits. This volume provides a rigorous but accessible philosophical examination of ethical issues related to computers as information processing machines. Special attention is given to questions of intellectual property, censorship, and privacy, for these issues are continually raised in the popular press and are central ethical concerns. But the book also considers ethical worries about image manipulation, virtual reality, the use of expert systems, and the moral status of intelligent machines. Some of the moral questions discussed have not yet arisen in practical situations, but these issues should be examined before they become urgent. While many issues have been omitted, the examinations within the text help show how additional ethical concerns may be approached in the future.

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ...son wants to break off this habit, but is so infatu?ted and crazed that he cannot. When he gets in with his youthful companions he seems to lose all control over himself." There is a remedy required. The proper enforcement of the law can and will check this evil. If this be not soon done, society must give up the reins of government to the gamblers and criminals of the State. They are fast usurping a controlling influence. They are coining money from the masses, and they turn about and use their pilferings as a lash to secure the means for their nefarious schemes, and to perpetuate their infamous practices. A prosecuting officer who sees no harm in gambling and fraternizes with gamblers is not the proper one to administer the laws. That which healloweth, how can he condemn? With the winnings in his pocket, how shall such an one justly punish the one from whom he has won, or destroy the scheme that has brought him gain? These men, moreover, claim to be able to have their candidates appointed to office, and of course do not appoint a man who will enforce the laws. What they want and mean to have is non-interference. Business men, a clerk who frequents these places, and is brought under these seductive influences, is not to be trusted in office or store. The wild excitement that fires his brain will unman him. The things he would not do will he do. Your interests are jeopardized; your property stolen; you are impoverished in proportion as the gambler is enriched by your employes thus crazed. Let the laws be rigidly enforced. Wherein present laws are defective or weak, let Legislatures promptly amend and strengthen them. Then let the public arouse themselves and demand that these laws be vigorously enforced and the encroachments of this and kindred evils b...

"The Free and Open Press ought to be required reading whenever anyone questions the meaning of the Founding Fathers, the framers of the Constitution, or other early American icons of liberty."
--"Journalism History"

"Robert W. T. Martin revitalizes a debate over the status of press rights in eighteenth-century America that had grown tiresome over the past 20 years...all scholars of American political thought and constitutional development should read this book."
--"American Political Science Review"

"Martin uses a number of fresh quotations and a helpful arranging and packaging of many ideas on a momentous topic."
-- "American Historical Review"

"Martin is not the first to examine that familiar topic, but his is the most heavily contextualized discussion of the topic yet and the most ambitious in scope."
--"The Journal of American History"

"In a welcome contrast to many recent studies (and museum exhibitions), Martin sees a clear, prima facie party distinction on the issue of press freedom."
--"William and Mary Quarterly"

The current, heated debates over hate speech and pornography were preceded by the equally contentious debates over the "free and open press" in the seventeenth and eighteenth centuries. Thus far little scholarly attention has been focused on the development of the concept of political press freedom even though it is a form of civil liberty that was pioneered in the United States. But the establishment of press liberty had implications that reached far beyond mere free speech. In this groundbreaking work, Robert Martin demonstrates that the history of the "free and open press" is in many ways the story of the emergence and first realexpansions of the early American public sphere and civil society itself.

Through a careful analysis of early libel law, the state and federal constitutions, and the Sedition Act crisis Martin shows how the development of constitutionalism and civil liberties were bound up in the discussion of the "free and open press." Finally, this book is a study of early American political thought and democratic theory, as seen through the revealing window provided by press liberty discourse. It speaks to broad audiences concerned with the public square, the history of the book, free press history, contemporary free expression controversies, legal history, and conceptual history.

This book lays out the foundation of a privacy doctrine suitable to the cyber age. It limits the volume, sensitivity, and secondary analysis that can be carried out. In studying these matters, the book examines the privacy issues raised by the NSA, publication of state secrets, and DNA usage.

This book offers a new theoretical framework for free speech by critically analyzing the major justifications for free speech. Unlike most theories that justify free speech on single grounds, this book argues for a justification; namely the double grounded principled approach; that combines and revises the arguments of equal autonomy and democratic participation at the same time. It claims that a revised and critical blending of these two justifications can serve free speech to be grounded on strong principled arguments. The book has both a theoretical and practical focus: first, it discusses the conceptual circumstances of free speech and major theoretical justifications for free speech and then, it applies the developed theoretical framework to the cases of academic freedom, media freedom and hate speech separately. This volume will appeal to readers who are interested in general free speech theories as well as readers who look for an alternative view on specific topics such as academic freedom, media freedom and hate speech.