'Impassioned, scholarly and succinct' The Times FREE SPEECH AND WHY IT MATTERS Free speech is the bedrock of all our liberties, and yet in recent years it has come to be mistrusted. A new form of social justice activism, which perceives language as potentially violent, has prompted a national debate on where the limitations of acceptable speech should be drawn. Governments throughout Europe have enacted 'hate speech' legislation to curb the dissemination of objectionable ideas, Silicon Valley tech giants are collaborating to ensure that they control the limitations of public discourse, and campaigners in the US are calling for revisions to the First Amendment. However well-intentioned, these trends represent a threat to the freedoms that our ancestors fought and died to secure. In this incisive and fascinating book, Andrew Doyle addresses head-on the most common concerns of free speech sceptics, and offers a timely and robust defence of this most foundational of principles.

Fighting for First Amendment rights is as popular a pastime as ever, but just because you can get on your soapbox doesn't mean anyone will be there to listen. Town squares have emptied out as shoppers decamp for the megamalls; gated communities keep pesky signature gathering activists away; even most internet chatrooms are run by the major media companies. Brave New Neighborhood sconsiders what can be done to protect and revitalize our public spaces.

The Indecent Screen explores clashes over indecency in broadcast television among U.S.-based media advocates, television professionals, the Federal Communications Commission, and TV audiences. Cynthia Chris focuses on the decency debates during an approximately twenty-year period since the Telecommunications Act of 1996, which in many ways restructured the media environment. Simultaneously, ever increasing channel capacity, new forms of distribution, and time-shifting (in the form of streaming and on-demand viewing options) radically changed how, when, and what we watch. But instead of these innovations quelling concerns that TV networks were too often transmitting indecent material that was accessible to children, complaints about indecency skyrocketed soon after the turn of the century. Chris demonstrates that these clashes are significant battles over the role of family, the role of government, and the value of free speech in our lives, arguing that an uncensored media is so imperative to the public good that we can, and must, endure the occasional indecent screen.

This book proposes a new perspective on the role of literature in the Cold War and shifts the reader's attention to the gaps in the ostensibly impenetrable Iron Curtain. It uncovers the histories of the widely forgotten phenomenon of tamizdat: "publishing-over-there". Investigating the transfer of nonconformist literature from the "Other Europe" to Western Europe and the United States fosters a new perspective on the seemingly separable literary cultures of Cold War Europe. Based on very extensive, multi-language archival research, Written Here, Published There uses several types of materials: besides literature and political texts, also interviews, audio and video recordings, materials collected at exhibitions, conference papers, and press clippings. This approach allows for the broader look at the whole phenomenon of breaching of the borders by "publishing abroad." Perceiving tamizdat not only as a literary but also as a social phenomenon, the monograph focuses on the individual's ways of participating in this border-crossing activity, the use of secretive channels to guarantee the flow of literature, and its contribution to the creation of a transnational literary community.

Few virtues are as celebrated in contemporary culture as openness. Rooted in software culture and carrying more than a whiff of Silicon Valley technical utopianism, openness--of decision-making, data, and organizational structure--is seen as the cure for many problems in politics and business.
But what does openness mean, and what would a political theory of openness look like? With "Wikipedia and the Politics of Openness," Nathaniel Tkacz uses Wikipedia, the most prominent product of open organization, to analyze the theory and politics of openness in practice--and to break its spell. Through discussions of edit wars, article deletion policies, user access levels, and more, Tkacz enables us to see how the key concepts of openness--including collaboration, ad-hocracy, and the splitting of contested projects through "forking"--play out in reality.
The resulting book is the richest critical analysis of openness to date, one that roots media theory in messy reality and thereby helps us move beyond the vaporware promises of digital utopians and take the first steps toward truly understanding what openness does, and does not, have to offer.

From videos of rights violations, to satellite images of environmental degradation, to eyewitness accounts disseminated on social media, human rights practitioners have access to more data today than ever before. To say that mobile technologies, social media, and increased connectivity are having a significant impact on human rights practice would be an understatement. Modern technology - and the enhanced access it provides to information about abuse - has the potential to revolutionise human rights reporting and documentation, as well as the pursuit of legal accountability. However, these new methods for information gathering and dissemination have also created significant challenges for investigators and researchers. For example, videos and photographs depicting alleged human rights violations or war crimes are often captured on the mobile phones of victims or political sympathisers. The capture and dissemination of content often happens haphazardly, and for a variety of motivations, including raising awareness of the plight of those who have been most affected, or for advocacy purposes with the goal of mobilising international public opinion. For this content to be of use to investigators it must be discovered, verified, and authenticated. Discovery, verification, and authentication have, therefore, become critical skills for human rights organisations and human rights lawyers. This book is the first to cover the history, ethics, methods, and best-practice associated with open source research. It is intended to equip the next generation of lawyers, journalists, sociologists, data scientists, other human rights activists, and researchers with the cutting-edge skills needed to work in an increasingly digitized, and information-saturated environment.

Every liberal democracy has laws or codes against hate speech except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.

Causing offense by depicting a religious leader as a terrorist in a newspaper cartoon, for example is not the same as launching a libelous attack on a group s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.

Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech."

Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to "hard cases" and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic.

Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to "hard cases" and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic.

Enacted in 1966, The Freedom of Information Act (or FOIA) was designed to promote oversight of governmental activities, under the notion that most users would be journalists. Today, however, FOIA is largely used for purposes other than fostering democratic accountability. Instead, most requesters are either individuals seeking their own files, businesses using FOIA as part of commercial enterprises, or others with idiosyncratic purposes like political opposition research. In this sweeping, empirical study, Margaret Kwoka documents how agencies have responded to the large volume of non-oversight requesters by creating new processes, systems, and specialists, which in turn has had a deleterious impact on journalists and the media. To address this problem, Kwoka proposes a series of structural solutions aimed at shrinking FOIA to re-center its oversight purposes.

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.

Named one of Newsweek's "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America-free speech-and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America's social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump's accusations of "fake news," the free use of negative language against minority groups, "cancel culture," and blatant xenophobia have caused Americans to question how far First Amendment protections can-and should-go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American's life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation-and world-watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.

Few virtues are as celebrated in contemporary culture as openness. Rooted in software culture and carrying more than a whiff of Silicon Valley technical utopianism, openness--of decision-making, data, and organizational structure--is seen as the cure for many problems in politics and business.
But what does openness mean, and what would a political theory of openness look like? With "Wikipedia and the Politics of Openness," Nathaniel Tkacz uses Wikipedia, the most prominent product of open organization, to analyze the theory and politics of openness in practice--and to break its spell. Through discussions of edit wars, article deletion policies, user access levels, and more, Tkacz enables us to see how the key concepts of openness--including collaboration, ad-hocracy, and the splitting of contested projects through "forking"--play out in reality.
The resulting book is the richest critical analysis of openness to date, one that roots media theory in messy reality and thereby helps us move beyond the vaporware promises of digital utopians and take the first steps toward truly understanding what openness does, and does not, have to offer.

'Nesrine Malik writes with urgent eloquence about the world we live in, applying her brilliant mind to some of the most important debates of our age. She's right: we do need new stories. Most of all though, we need this book' ELIZABETH DAY, author of HOW TO FAIL 'We live in confusing and chaotic times - an age where the values many took for granted are being questioned, where universal rights are being casually denied. WE NEED NEW STORIES is the first book I've read that makes sense of where we are, and of what we will lose if we don't wake up. An urgent, totally essential book' SATHNAM SANGHERA 'An acute and nuanced interrogator of contemporary prejudices, Nesrine Malik writes with immense moral courage and intellectual power' PANKAJ MISHRA 'Stares into the heart of our current seething political volcano and gives it a cool hosing down . . . powerful and persuasive' OBSERVER *** It is becoming clear that the old frames of reference are not working, that the narratives used for decades to stave off progressive causes are being exposed as falsehoods. Six myths have taken hold, ones which are at odds with our lived experience and in urgent need of revision. Has freedom of speech become a cover for promoting prejudice? Has the concept of political correctness been weaponised to avoid ceding space to those excluded from power? Does white identity politics pose an urgent danger? These are some of the questions at the centre of Nesrine Malik's radical and compelling analysis that challenges us to find new narrators whose stories can fill the void and unite us behind a shared vision.

Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.

Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.

'Soros has become a standard bearer for liberal democracy' Financial Times George Soros - universally known for his philanthropy, progressive politics and investment success, and now under sustained attack from the far right, nationalists, and anti-Semites around the world - gives an impassioned defence of his core belief in open society. George Soros is among the world's most prominent public figures. He is one of the history's most successful investors and his philanthropy, led by the Open Society Foundations, has donated over $14 billion to promote democracy and human rights in more than 120 countries. But in recent years, Soros has become the focus of sustained right-wing attacks in the United States and around the world based on his commitment to open society, progressive politics and his Jewish background. In this brilliant and spirited book, Soros offers a compendium of his philosophy, a clarion call-to-arms for the ideals of an open society: freedom, democracy, rule of law, human rights, social justice, and social responsibility as a universal idea. In this age of nationalism, populism, anti-Semitism, and the spread of authoritarian governments, Soros's mission to support open societies is as urgent as it is important.

At the bottom of every controversy embroiling the university today--from debates over hate-speech codes to the reorganization of the academy as a multicultural institution--is the concept of academic freedom. But academic freedom is almost never mentioned in these debates. Now nine leading academics, including Henry Louis Gates, Jr., Edward Said, Richard Rorty, and Joan W. Scott, consider the problems confronting the American University in terms of their effect on the future of academic freedom.
"Louis Menand has assembled "The Future of Academic Freedom" to better define and delineate what should and should not happen within our colleges and universities. . . . The whole extremely learned yet accessible debate exploits the freedoms it extols, tackling sensitive subjects such as ethnicity and ethics head-on."--"Publishers Weekly"
"The essays are not only sharp, elegant and lucid, but extremely well-informed about the history of American battles over academic freedom."--Alan Ryan, "Times Higher Education Supplement"
"[A] superb inquiry into some of the most vexing and significant issues in higher education today."--Zachary Karabell, "Boston Book Review"

This book explains the past and present status of hate speech regulations in Japan. The United States and European countries have adopted different approaches to resolve their respective hate speech problems. Both of them, however, continue to confront the dilemma that freedom of speech and anti-racism are fundamental values of human rights. Therefore, some scholars criticize the US approach as too protective of freedom of speech, while other scholars criticize the European approach as impermissibly violating that freedom. Compared to these countries, Japan is unique in that it does not criminalize hate speech and hate crime other than in the recently enacted Kawasaki City Ordinance criminalizing some kinds of hate speech. Japan basically relies on a comprehensive set of non-regulative tools to suppress extreme hate speech. This volume analyses Japanese hate speech laws and suggests a unique distinctive model to strike a balance between both core values of democracy.

Voltaire's comment--"I disapprove of what you say, but I will defend to the death your right to say it"--is frequently quoted by defenders of free speech. Yet it is rare to find someone prepared to defend all freedom of speech, especially if the views expressed are obnoxious or obviously false. So where do we draw the line? How important is our right to freedom of speech? In this accessible and up-to-date Very Short Introduction, Nigel Warburton covers a wide range of controversial free-speech issues, from Holocaust denial and pornography to the status of modern copyright law. The book offers a concise guide to many of the vexing issues concerning our right to speak freely, including: Should a civilized society set limits on freedom of speech? How can we balance free speech with the sensitivities of religious and minority groups? How have digital technology and the Internet changed the debate?
About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

'Topical, engaging, personable, and above all, reassuring' Dr. Jordan B. Peterson From host of The Rubin Report, the most-watched talk show about free speech and big ideas on YouTube right now, a roadmap for free thinking in an increasingly censored world. The left is no longer liberal. Once on the side of free speech and tolerance, progressives now ban speakers from college campuses, "cancel" people who aren't up to date on the latest genders, and force religious people to violate their conscience. They have abandoned the battle of ideas and have begun fighting a battle of feelings. This uncomfortable truth has turned moderates and true liberals into the politically homeless class. Dave Rubin launched his political talk show The Rubin Report in 2015 as a meeting ground for free thinkers who realize that partisan politics is a dead end. He hosts people he both agrees and disagrees with--including those who have been dismissed, deplatformed, and despised--taking on the most controversial issues of our day. As a result, he's become a voice of reason in a time of madness. Now, Rubin gives you the tools you need to think for yourself in an age when tribal outrage is the only available alternative. Based on his own story as well as his experiences from the front lines of the free speech wars, this book will empower you to make up your own mind about what you believe on any issue and teach you the fine art of: Checking your facts, not your privilege, when it comes to today's most pervasive myths, from the wage gap and gun violence to climate change and hate crimes. Standing up to the mob against today's absurd PC culture, when differences of opinion can bring relationships, professional or personal, to a sudden end. Defending classically liberal principles such as individual rights and limited government, because freedom is impossible without them. The Progressive Woke Machine is waging war against the last free thinkers in the world. Don't Burn This Book is the definitive account of our current political upheaval and your guide to surviving it.

Ideas die at the hands of journalists. This is the controversial thesis offered by Michael McDevitt in a sweeping examination of anti-intellectualism in American journalism. A murky presence, anti-intellectualism is not acknowledged by reporters and editors. It is not easily measured by scholars, as it entails opportunities not taken, context not provided, ideas not examined. Where Ideas Go to Die will be the first book to document how journalism polices intellect at a time when thoughtful examination of our society's news media is arguably more important than ever. Through analysis of media encounters with dissent since 9/11, McDevitt argues that journalism engages in a form of social control, routinely suppressing ideas that might offend audiences. McDevitt is not arguing that journalists are consciously or purposely controlling ideas, but rather that resentment of intellectuals and suspicion of intellect are latent in journalism and that such sentiment manifests in the stories journalists choose to tell, or not to tell. In their commodification of knowledge, journalists will, for example, "clarify" ideas to distill deviance; dismiss nuance as untranslatable; and funnel productive ideas into static, partisan binaries. Anti-intellectualism is not unique to American media. Yet, McDevitt argues that it is intertwined with the nation's cultural history, and consequently baked into the professional training that occurs in classrooms and newsrooms. He offers both a critique of our nation's media system and a way forward, to a media landscape in which journalists recognize the prevalence of anti-intellectualism and take steps to avoid it, and in which journalism is considered an intellectual profession.

When we discuss constitutional law, we usually focus on the constitutional rules that apply to what the government does. Far less clear are the constitutional rules that apply to what the government says. When does the speech of this unusually powerful speaker violate our constitutional rights and liberties? More specifically, when does the government's expression threaten liberty or equality? And under what circumstances does the Constitution prohibit our government from lying to us? In The Government's Speech and the Constitution, Professor Helen Norton investigates the variety and abundance of the government's speech, from early proclamations and simple pamphlets, to the electronic media of radio and television, and ultimately to today's digital age. This enables us to understand how the government's speech has changed the world for better and for worse, and why the government's speech deserves our attention, and at times our concern.

George Soros is among the world's most prominent public figures. He is one of the history's most successful investors and his philanthropy, led by the Open Society Foundations, has donated over $14 billion to promote democracy and human rights in more than 120 countries. But in recent years, Soros has become the focus of sustained right-wing attacks in the United States and around the world based on his commitment to open society, progressive politics and his Jewish background. In this brilliant and spirited book, Soros offers a compendium of his philosophy, a clarion call-to-arms for the ideals of an open society: freedom, democracy, rule of law, human rights, social justice, and social responsibility as a universal idea. In this age of nationalism, populism, anti-Semitism, and the spread of authoritarian governments, Soros's mission to support open societies is as urgent as it is important.

Convinced that sexual immorality and unstable gender norms were endangering national recovery after World War One, German lawmakers drafted a constitution in 1919 legalizing the censorship of movies and pulp fiction, and prioritizing social rights over individual rights. These provisions enabled legislations to adopt two national censorship laws intended to regulate the movie industry and retail trade in pulp fiction. Both laws had their ideological origins in grass-roots anti-'trash' campaigns inspired by early encounters with commercial mass culture and Germany's federalist structure. Before the war, activists characterized censorship as a form of youth protection. Afterwards, they described it as a form of social welfare. Local activists and authorities enforcing the decisions of federal censors made censorship familiar and respectable even as these laws became a lightning rod for criticism of the young republic. Nazi leaders subsequently refashioned anti-'trash' rhetoric to justify the stringent censorship regime they imposed on Germany.