Rather than abstract philosophical discussion or yet another analysis of legal doctrine, Speech and Silence in American Law seeks to situate speech and silence, locating them in particular circumstances and contexts and asking how context matters in facilitating speech or demanding silence. To understand speech and silence we have to inquire into their social life and examine the occasions and practices that call them forth and that give them meaning. Among the questions addressed in this book are: who is authorized to speak? And what are the conditions that should be attached to the speaking subject? Are there occasions that call for speech and others that demand silence? What is the relationship between the speech act and the speaker? Taking these questions into account helps readers understand what compels speakers and what problems accompany speech without a known speaker, allowing us to assess how silence speaks and how speech renders the silent more knowable.

This book analyzes the discourses and deliberations in the discussion forums of three of the most visited Islamic websites. In doing so, it explores the potential impact of the Islamic public sphere, as well as the re-configuration of the 'virtual umma' (Islamic community) online on the creation of multiple identities and resistances, which manifest themselves through various Islamic sites, producing varying degrees of consensus, divergence, and negotiation in multiple contexts and across different discourses. The book also investigates the extent to which these Islamic websites have provided a venue for Muslims to freely engage in vibrant deliberations and constructive discussions among themselves, as well as with 'Others', i.e., non-Muslims, about various political, economic, religious and social issues.

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.

First published in 1987 this book considers the practical implications of increasing public access to official information in Britain, both from the perspective of increasing Freedom of Information and reforming Section 2 of the Official Secrets Act. It draws attention to the practical problems such changes would pose for both politicians and civil servants working in an adversarial system of government. It examines the effects of proposed changes on the conventions which are a fundamental feature of the British constitution. It also considers the political significance of reforms, both to demands for increased public participation in policy-making and to actual policies. Local and international perspectives on open government are included in order to provide an informed insight into an important issue of contemporary concern.

Most liberal societies are deeply committed to a principle of free speech. At the same time, however, there is evidence that some kinds of speech are harmful in ways that are detrimental to important liberal values, such as social equality. Might a genuine commitment to free speech require that we legally permit speech even when it is harmful, and even when doing so is in conflict with our commitment to values like equality? Even if such speech is to be legally permitted, does our commitment to free speech allow us to provide material and institutional support to those who would contest such harmful speech? And finally, and perhaps most importantly, which kinds of speech are harmful in ways that merit response, either in the form of legal regulation or in some other form? This collection explores these and related questions. Drawing on expertise in philosophy, sociology, political science, feminist theory, and legal theory, the contributors to this book investigate these themes and questions. By exploring various categories of speech (including pornography, hate speech, Holocaust denial literature, 'Whites Only' signs), and attending to the precise functioning of speech, the essays contained here shed light on these questions by clarifying the relationship between speech and harm. Understanding how speech functions can help us work out which kinds of speech are harmful, what those harms are, and how the speech in question brings them about. All of these issues are crucially important when it comes to deciding what ought to be done about allegedly harmful speech.

Dangerous Talk examines the 'lewd, ungracious, detestable, opprobrious, and rebellious-sounding' speech of ordinary men and women who spoke scornfully of kings and queens. Eavesdropping on lost conversations, it reveals the expressions that got people into trouble, and follows the fate of some of the offenders. Introducing stories and characters previously unknown to history, David Cressy explores the contested zones where private words had public consequence. Though 'words were but wind', as the proverb had it, malicious tongues caused social damage, seditious words challenged political authority, and treasonous speech imperilled the crown. Royal regimes from the house of Plantagenet to the house of Hanover coped variously with 'crimes of the tongue' and found ways to monitor talk they deemed dangerous. Their response involved policing and surveillance, judicial intervention, political propaganda, and the crafting of new law. In early Tudor times to speak ill of the monarch could risk execution. By the end of the Stuart era similar words could be dismissed with a shrug. This book traces the development of free speech across five centuries of popular political culture, and shows how scandalous, seditious and treasonable talk finally gained protection as 'the birthright of an Englishman'. The lively and accessible work of a prize-winning social historian, it offers fresh insight into pre-modern society, the politics of language, and the social impact of the law.

Banning them, securing us? explores the proscribing - or banning - of terrorist organisations within the United Kingdom across a period of twenty years. The process of banning specific organisations, Jarvis and Legrand argue, is as much a ritualistic performance of liberal democracy as it is a technique for increasing national security from the threat posed by terrorism. Characterised by a repetitive script, an established cast of characters and a predictable outcome, this ritual provides an important contribution to the construction of Britain as a liberal, democratic, moderate space. It does so, paradoxically, through extending the reach of a power that has limited political or judicial oversight and considerable implications for rights, freedoms and political participation. Offering a discursive analysis of all British Parliamentary debates on the banning of terrorist organisations since the introduction of Britain's current proscription regime in 2000, this book provides the first sustained treatment of this counter-terrorism power in the United Kingdom and beyond. -- .

Journalism and Free Speech brings together for the first time an historical and theoretical exploration of journalism and its relationship with the idea of free speech. Though freedom of the press is widely regarded as an essential ingredient to democratic societies, the relationship between the idea of freedom of speech and the practice of press freedom is one that is generally taken for granted. Censorship, in general terms is an anathema.

This book explores the philosophical and historical development of free speech and critically examines the ways in which it relates to freedom of the press in practice. The main contention of the book is that the actualisation of press freedom should be seen as encompassing modes of censorship which place pressure upon the principled connection between journalism and freedom of speech. Topics covered include:

• The Philosophy of Free Speech
• Journalism and Free Speech
• Press Freedom and the Democratic Imperative
• New Media and the Global Public Sphere
• Regulating Journalism
• Privacy and Defamation
• National Security and Insecurity
• Ownership
• News, Language Culture and Censorship

This book introduces students to a wide range of issues centred around freedom of speech, press freedom and censorship, providing an accessible text for courses on journalism and mass media.

The First Amendment of the U.S. Constitution is a landmark in the defense of free speech against government interference and suppression. In this book we come to see how it also acts as a smokescreen behind which a more dangerous and insidious threat to free speech can operate.

Soley shows how as corporate power has grown and come to influence the issues on which ordinary Americans should be able to speak out, so new strategies have developed to restrict free speech on issues in which corporations and property-owners have an interest.

Censorship, Inc. is a comprehensive examination of the vast array of corporate practices which restrict free speech in the United States today in fields as diverse as advertsing and the media, the workplace, community life, and the environment. Soley also shows how these threats to free speech have been resisted by activism, legal argument, and through legislation. Grounded in extensive research into actual cases, this book is at the same time a challenge to conventional thinking about the nature of censorship and free speech.

Written by a team of leading scholars and practitioners in the fields of copyright and free speech, this work analyses the potential for interaction and conflict between the two rights. Free speech is the lifeblood of any democracy. As John Stuart Mill stated, "In government, perfect freedom of discussion in all its modes - speaking, writing, and printing - in law and in fact is the first requisite of good because the first condition of popular intelligence and mental progress." (Letter by John Stuart Mill, 18 March, 1840) Copyright, on the other hand, represent a property regime which protects human creativity as manifested in all types of expressions such as literary works, paintings and music. Both these notions, copyright and free speech, are united in the fact of their recognition as fundamental freedoms of all individuals within the national, regional and international framework of human rights. However, the rights are also antithetical in nature, giving rise to both political and jurisprudential tensions. These tensions have become recently accentuated by the advent of legislative developments. Both in the United States and within the European Union, legal commentators argue that recent copyright legislation has paid insufficient regard to free speech. This concern is underlined by the series of First Amendment challenges that have been brought against the United States Digital Millennium Copyright Act. The recent causes celebres not only highlight the antagonistic relationship between copyright and free speech but also prominently depict the potential conflict between public and private interests in information - the Dead Sea Scrolls decision (Israel), the Wind Done Gone, Eldred and DeCSS cases (United States) and the Hyde Park v Yelland and Ashdown v Telegraph Group (United Kingdom). A further query which requires attention is the impact of the growing significance of international copyright law for the developing world. The raised profile of these conflicts has resulted in an increasing amount of attention from academe and the legal profession. Some of the authors of this volume have made influential contributions and are directly involved, both legally and politically, in the debate. There has, however, been no sustained study of the conflict across a variety of different jurisdictions. This book addresses the copyright/free speech relationship within a comparative and international legal framework. Moreover, the key questions regarding access to information and the digital challenges are addressed from both theoretical and practical perspectives.

Since 2005, Thailand has been in crisis, with unprecedented political instability and the worst political violence seen in the country in decades. In the aftermath of a military coup in 2006, Thailand s press freedom ranking plunged, while arrests for l se-majest have skyrocketed to levels unknown in the modern world. Truth on Trial in Thailand traces the 110-year trajectory of defamation-based laws in Thailand. The most prominent of these is l se-majest, but defamation aspects also appear in laws on sedition and treason, the press and cinema, anti-communism, contempt of court, insulting of religion, as well as libel. This book makes the case that despite the appearance of growing democratization, authoritarian structures and urges still drive politics in Thailand; the long-term effects of defamation law adjudication has skewed the way that Thai society approaches and perceives "truth."

Employing the work of Habermas, Foucault, Agamben, and Schmitt to construct an alternative framework to understand Thai history, Streckfuss contends that Thai history has become "suspended" since 1958, and repeatedly declining to face the truth of history has set the stage for an endless state of crisis.

This book will be of interest to students and scholars of South East Asian politics, Asian history, and media and communication.

David Streckfuss is an independent scholar who has lived in Thailand for more than 20 years. His work primarily concerns human rights, and political and cultural history.

Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions--from obstructing e-mail to censoring cablecasts--are considered legal because of recent changes in free speech law.
In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content. Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.

Communications giants like Google, Comcast, and AT&T enjoy increasingly unchecked control over speech. As providers of broadband access and Internet search engines, they can control online expression. Their online content restrictions--from obstructing e-mail to censoring cablecasts--are considered legal because of recent changes in free speech law.
In this book, Dawn Nunziato criticizes recent changes in free speech law in which only the government need refrain from censoring speech, while companies are permitted to self-regulate. By enabling Internet providers to exercise control over content, the Supreme Court and the FCC have failed to protect the public's right to access a broad diversity of content. Nunziato argues that regulation is necessary to ensure the free flow of information and to render the First Amendment meaningful in the twenty-first century. This book offers an urgent call to action, recommending immediate steps to preserve our free speech rights online.

Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, "below the law," outside of law's protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems' structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles-political, psychological, economic, geographical, and physical-a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

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.

"Bush v. Gore" brought to the public's attention the significance of election law and the United States Supreme Court's role in structuring the rules that govern how campaigns and elections function in America. In this book, Brian K. Pinaire examines one expanding domain within this larger legal context: freedom of speech in the political process, or, what he terms, electoral speech law.
Specifically, Pinaire examines the Court's evolving conceptions of free speech in the electoral process and then traces the consequences of various debates and determinations from the post-World War II era to the present. In his analysis of the broad range of cases from this period, supplemented by four recent case study investigations, Pinaire explores competing visions of electoral expression in the marketplace of ideas, various methods for analyzing speech dilemmas, the multiple influences that shape the justices' notions of both the potential for and privileged status of electoral communication, and the ultimate implications of these Court rulings for American democracy.

The influence of media on society is unquestioned. Its reach penetrates nearly every corner of the world and every aspect of life. But it has also been a contested realm, embodying class politics and the interests of monopoly capital. In The Political Economy of Media, one of the foremost media critics of our time, Robert W. McChesney, provides a comprehensive analysis of the economic and political powers that are being mobilized to consolidate private control of media with increasing profit -- all at the expense of democracy.

In this elegant and lucid collection, McChesney examines the monopolistic competition that has created a global media that is ever more concentrated and centralized. McChesney reveals why questions about the ownership of commercial U.S. media remain off limits within the political culture; how private ownership of media leads to the degradation of journalism and suppression of genuine debate; and why corporate rule threatens democracy by failing to provide the means for an educated and informed citizenry. The Political Economy of Media also highlights resistance to corporate media over the last century, including the battle between broadcasters and the public in the 1920s and 1930s and the ongoing media reform movement today. The Political Economy of Media makes it clear that the struggle over the ownership and the role of media is of utmost importance to everyone.

"Alan Dershowitz found an important letter from his hero that relates to freedom of speech, incitement, and terrorism--subjects about which Alan has thought and taught for decades. This book is a wonderful adventure story that uses Jefferson's arguments and Dershowitz's counters to illuminate issues that were important and difficult when the U.S. was a new nation and that remain so today. I recommend it to every citizen concerned with preserving our liberties and combating terrorism."
--President William Jefferson Clinton

"The 1801 letter of Thomas Jefferson to Elijah Boardman is of tremendous interest and importance, as is the remarkable story of its discovery by Alan Dershowitz."
--David McCullough

Pulitzer Prize-winning author

"Finding Jefferson is terrific on every level: as a memoir of a passionate collector, it is delightful; as an account of an important historical discovery, it is riveting; as a defense of free speech, it is brilliant."
--Doris Kearns Goodwin, author of

Team of Rivals: The Political Genius of Abraham Lincoln

"What a treasure this book is, just like the stuff Dershowitz scours the old archives for. It is unexpected, revealing and resonant with a central fact of our Republic--we are still stitched together by words, and their complicated progeny, ideas. From a simple, fortuitous discovery, Dershowitz has fashioned an elaborate and engaging argument, one we will be thinking about for ages."
--Ken Burns, director and producer of The War and Thomas Jefferson

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.

Christians of all theological and political backgrounds ought to be ardent advocates of advancing, not curbing, freedom of speech within their own ranks and in the increasingly secular societies in which they live. Christians, Free Expression, and the Common Good presents the concept of free expression, and its opposite of censorship, as a tool for the Western church (and the U.S. church in particular) to respond more wisely and effectively to controversy. In their most severe form, these controversies lead to both formal and informal limitations on free expression, as Christians seek to silence those with whom they most stridently disagree. This study is timely given the Western church's current state of flux as it tries to determine its identity and mission in a post-Christian setting. Christians, Free Expression, and the Common Good will appeal to a wide range of thoughtful religious scholars and others who would welcome ideas on how the church should refine and live out its mission in the early twenty-first century.

This edited collection examines the growing uncertainty about the role and scope of traditional political rights in the 21st Century's increased threat of terrorism. It reflects on the appropriate scope and strength of protection of political rights in a wider global context, and covers issues such as the rise of 'militant democracies' and the effectiveness of the Council of Europe's monitoring mechanisms.

This book demonstrates that neither the current liberal nor conservative position on the McCarthy era provides the basis for an appropriate normative perspective. Adding the perspective of the theory of free expression, it becomes apparent that both sides have ignored a vitally important point. While recently declassified documents demonstrate widespread participation by American Communists in conducting or facilitating espionage, much of the negative treatment received by American Communists had little or nothing to do with such activity. From the perspective of the First Amendment right of free speech, there exists a significant difference between speech that advocates conduct, on the one hand, and speech that itself is part of a nonspeech criminal act, such as espionage, on the other. By helping to separate protected speech from unprotected "speech-acts," First Amendment theory can do much to distinguish between the legitimate governmental responses to American Communism and those that contravened basic notions of communicative freedom protected by the Constitution. At the same time, by focusing the First Amendment inquiry on the McCarthy era, one should be able to glean insights about the broader implications of free speech protection.

Voices of Freedom: The Middle East and North Africa showcases essays from activists, journalists, novelists, and scholars whose areas of expertise include free speech, peace and reconciliation, alterity-otherness, and Middle Eastern and North African religions and literatures. Co-edited by TCU colleagues Rima Abunasser and Mark Dennis, the volume is meant to serve as a vehicle for giving dignity and depth to the peoples of these regions by celebrating courageous voices of freedom trying to respond to fundamental, often devastating, changes on the ground, including the Arab Spring, the Syrian refugee crisis, and the rise of the Islamic State. Writing in both the first- and third-person, essayists offer deeply moving portraits of voices that cry out for freedom in chaotic, and often violent, circumstances. Voices of Freedom is aimed at college classes that address the many ways in which freedom intersects with politics, religion, and other elements in the societies of these dynamic and diverse regions. It will serve as a valuable primary source for college teachers interested in exploring with their students the struggle for freedom in non-Western and transnational cultural contexts. The volume is also meant to attract other audiences, including readers from the general public interested in learning about inspirational people from parts of the world about which Americans and other English-speaking peoples are generally unfamiliar.

Now updated with new material from the author and other leading scholars in the field, Literacies of Power illustrates ways in which schools, media and other social institutions perpetuate ignorance. In Boston, twelve-year-old student David Spritzler faced disciplinary action from his school for his vocal questioning of the Pledge of Allegiance, which celebrates liberty and justice for all. The boy's concerns were not taken by the teacher as an opportunity to engage the class in a discussion of the country's problems, such as homelessness, which could be seen just outside on Boston's streets. Across the river, at prestigious MIT, a linguist student told her colleague that she could not take time to read literature outside of theoretical linguistics if she wanted to be a top scholar in her field. Even essays that linked linguistics to its historical and social context fell outside her diligent pursuit of theory. What do these two seemingly disparate events have in common? According to Donaldo Macedo, they are part of an educational legacy that stifles critical thinking favour of indoctrination and specialization. students in the kind of broad, critical thinking necessary for responsible citizenship. Challenging conservatives like Allan Bloom and E.D. Hirsch, Macedo shows why so-called common culture literacy is a form of dominant cultural reproduction that undermines independent thought and goes against the best interests of our students. Offering a wide-ranging counterargument, Macedo shows why cultural literacy cannot be restricted to the acquisition of Western heritage values, which sustain an ideology that systematically negates the cultural experiences of many members of society - not only minorities but also anyone who is poor or disenfranchised. Macedo calls on his own experience as a Cape Verdean immigrant from West Africa who ad to surmount the barriers imposed by the world's most entrenched monolingual system of higher education. His eloquence in this book is testimony to the very idea that critical thinking and good education are not and must not be culturally or linguistically bounded.