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This timely and important book presents a compelling new theory of political education for liberal democracies. Amidst current concern over the need to encourage a morally sensitive and committed citizenry, Professor Callan's study provides a much-needed balanced discussion of the proper ends of education, as well as the moral rights of parents and children.
Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.
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.
This is a study of Vietnam's socialist transition and state transformation, generally known as doi moi. It examines the drivers of socialist-regime change, the nature of the doi moi state, and the basis of regime legitimacy in Vietnam. The Element argues that despite its 'one-party rule' label, the party-state apparatus that channels said rule has become fragmented. State-building during the doi moi period involved negotiations and bargaining that redefine authority and power relations within the state apparatus. The party-state's accountability projects are designed to target the specific self-aggrandizing tendencies of the state apparatus, its policies, and abuse of state power. At the leadership level, patterns of resource allocation underlying the doi moi growth model as well as the VCP's cadre rotation approach have accommodated central and sub-national state elites across sectors and levels, helping shore up the legitimacy of the doi moi state in the eyes of the state elite. The combination of sustained economic growth, expansion of political space, accountability, and tolerance of small-scale public protests have been factors in strengthening regime-society legitimization.
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.
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.
This book traces the life of free speech in Russia from the final years of the Soviet Union to the present. It shows how long-cherished hopes for an open society in which people would speak freely and tell truth to power fared under Gorbachev's glasnost; how free speech was a real, if fractured, achievement of Yeltsin's years in power; and how easy it was for Putin to reverse these newly won freedoms, imposing a `patrimonial' media that sits comfortably with old autocratic and feudal traditions. The book explores why this turn seemed so inexorable and now seems so entrenched. It examines the historical legacy, and Russia's culturally ambivalent perception of freedom, which Dostoyevsky called that `terrible gift'. It evaluates the allure of western consumerism and Soviet-era illusions that stunted the initial promise of freedom and democracy. The behaviour of journalists and their apparent complicity in the distortion of their profession come under scrutiny. This ambitious study covering more than 30 years of radical change looks at responses `from above' and `from below', and asks whether the players truly understood what was involved in the practice of free speech.
Why do governments pass freedom of information laws? The symbolic power and force surrounding FOI makes it appealing as an electoral promise but hard to disengage from once in power. However, behind closed doors compromises and manoeuvres ensure that bold policies are seriously weakened before they reach the statute book. The politics of freedom of information examines how Tony Blair's government proposed a radical FOI law only to back down in fear of what it would do. But FOI survived, in part due to the government's reluctance to be seen to reject a law that spoke of 'freedom', 'information' and 'rights'. After comparing the British experience with the difficult development of FOI in Australia, India and the United States - and the rather different cases of Ireland and New Zealand - the book concludes by looking at how the disruptive, dynamic and democratic effects of FOI laws continue to cause controversy once in operation. -- .
Contrary to popular assumption, the development of stronger oversight mechanisms actually leads to greater secrecy rather than the reverse. When Should State Secrets Stay Secret? examines modern trends in intelligence oversight development by focusing on how American oversight mechanisms combine to bolster an internal security system and thus increase the secrecy of the intelligence enterprise. Genevieve Lester uniquely examines how these oversight mechanisms have developed within all three branches of government, how they interact, and what types of historical pivot points have driven change among them. She disaggregates the concept of accountability into a series of specified criteria in order to grapple with these pivot points. This book concludes with a discussion of a series of normative questions, suggesting ways to improve oversight mechanisms based on the analytical criteria laid out in the analysis. It also includes a chapter on the workings of the CIA to which a number of CIA officers contributed.
Pat Scales has been a passionate advocate for intellectual freedom long before she launched the "Scales on Censorship" column with School Library Journal in 2006. Decades of experience as a school librarian informs her ongoing work on these important and often volatile issues, as did her tenure in leadership roles on the American Library Association's Intellectual Freedom Committee and at the Freedom To Read Foundation. It also earned her a place among the inaugural list of Library Journal's Movers & Shakers in 2002. Since her first column for SLJ she has been in an ongoing conversation of sorts with librarians, teachers, and parents-a much needed conversation. This collection of the wide-ranging questions from readers and Scales' informative answers are gathered in broad thematic groups to help readers explore the all-too daily reality of confronting efforts to censor, ban, or otherwise limit open and ready access to materials in our schools and libraries. They were all written in response to active book challenges or questions of intellectual freedom and library ethics. These columns have a ripped from the headlines immediacy even as they reflect the core values and policies of librarianship. They are organized by topic and each is framed with a brief new introductory essay. Scales' powerful reputation and practical ethically-based solutions has made her a key spokesperson and support for librarians working under a censorship siege. Her passionate, unwavering voice provides valuable strategic and tactical approaches to censorship, fine-tuned insight into individual books often challenged, and critical moral support for managing trying conversations. Scales is focused throughout on fostering a culture that embraces and understands the importance of intellectual freedom, and the tools to make it a reality every day in our libraries, schools, and communities. Learn from her to build a background in the ethics involved in defending intellectual freedom and lean on her for insights into real-life situations. Scales on Censorship is an essential ally in the ongoing fight.
Vast changes in technologies and geopolitics have produced a wholesale shift in the way states and other powerful entities think about the production and retention of popular loyalties. Strategic communication has embraced these changes as stakes increase and the techniques of information management become more pervasive. These shifts in strategic communications impact free speech as major players, in a global context, rhetorically embrace a world of transparency, all the while increasing surveillance and modes of control, turning altered media technologies and traditional media doctrines to their advantage. Building on examples drawn from the Arab Spring, the shaping of the Internet in China, Iran's perception of foreign broadcasting, and Russia's media interventions, this book exposes the anxieties of loss of control, on the one hand, and the missed opportunities for greater freedom, on the other. New strategic communication arises from the vast torrents of information that cross borders and uproot old forms of regulation. Not only states but also corporations, nongovernmental organizations, religious institutions, and others have become part of this new constellation of speakers and audiences."
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.
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
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 imperiled the crown.
"Liberty and the News" is Walter Lippman's classic account of how the press threatens democracy whenever it has an agenda other than the free flow of ideas. Arguing that there is a necessary connection between liberty and truth, Lippman excoriates the press, claiming that it exists primarily for its own purposes and agendas and only incidentally to promote the honest interplay of facts and ideas. In response, Lippman sought to imagine a better way of cultivating the news.
A brilliant essay on a persistent problem of American democracy, "Liberty and the News" is still powerfully relevant despite the development of countless news sources unimagined when Lippman first published it in 1920. The problems he identifies--the self-importance of the press, the corrosion of rumors and innuendo, and the spinning of the news by political powers--are still with us, and they still threaten liberty. By focusing on the direct and necessary connection between liberty and truth, Lippmann's work helps to clarify one of the most pressing predicaments of American democracy today.
"You have the right to remain silent." These words, drawn from the Supreme Court's famous decision in Miranda v. Arizona, have had a tremendous impact on the public imagination. But what a strange right this is. Of all the activities that are especially worthy of protection, that define us as human beings, foster human potential, and symbolize human ambition, why privilege silence? This thoughtful and iconoclastic book argues that silence can be an expression of freedom. A defiant silence demonstrates determination, courage, and will. Martyrs from a variety of faith traditions have given up their lives rather than renounce their god. During the Vietnam era, thousands of anonymous draft resisters refused to take the military oath that was a prelude to participating in what they believed was an immoral war. These silences speak to us. They are a manifestation of connection, commitment, and meaning. This link between silence and freedom is apparent in a variety of different contexts, which Seidman examines individually, including silence and apology, silence and self-incrimination, silence and interrogation, silence and torture, and silence and death. In discussing the problem of apology, for example, the author argues that although apology plays a crucial role in maintaining the illusion of human connection, the right to not apologize is equally crucial. Similarly, prohibition against torture-so prominent in national debate since the events of Guantanamo and Abu Ghraib-is best understood as a right to silence, essential in preserving the distinction between mind and body on which human freedom depends.
This volume explores the state of academic freedom in the United
States and abroad. What impact have the attacks of September 11th
and the ensuing war on terrorism had on free speech, access to
information, government funding of the sciences, and other
cornerstones of freedom of inquiry at American universities? How
has the renewed emphasis on patriotism affected the "culture wars"
that aroused so much controversy on American campuses? And how does
academic freedom in the United States compare to that of other
"The Anarchist in the Library" is the first guide to one of the most important cultural and economic battlegrounds of our increasingly plugged-in world. Siva Vaidhyanathan draws the struggle for information that will determine much of the culture and politics of the twenty-first century: anarchy or oligarchy, total freedom vs. complete control. His acclaimed book explores topics from unauthorized fan edits of "Star Wars" to terrorist organizations' reliance on "leaderless resistance," from Napster to Total Information Awareness to flash mobs.
What did "freedom of the press" really mean to the framers of the First Amendment and their contemporaries? This masterful book by a Pulitzer Prize winning constitutional historian answers that question. In Emergence of a Free Press (a greatly revised and enlarged edition of his landmark Legacy of Suppression), Leonard W. Levy argues that the First Amendment was not designed to be the bulwark of a free press that many thought, nor had the amendment's framers intended to overturn the common law of seditious libel that was the principal means of stifling political dissent. Yet he notes how robust and rambunctious the early press was, and he takes that paradox into account in tracing the succession of cases and reforms that figured in the genesis of a free press. Mr. Levy's brilliant account offers a new generation of readers a penetrating look into the origins of one of America's most cherished freedoms."
At a time when campaign finance reform is widely viewed as synonymous with cleaning up Washington and promoting political equality, Bradley Smith, a nationally recognized expert on campaign finance reform, argues that all restriction on campaign giving should be eliminated. In "Unfree Speech," he presents a bold, convincing argument for the repeal of laws that regulate political spending and contributions, contending that they violate the right to free speech and ultimately diminish citizens' power.
Smith demonstrates that these laws, which often force ordinary people making modest contributions of cash or labor to register with the Federal Election Commission or various state agencies, fail to accomplish their stated objectives. In fact, they have worked to entrench incumbents in office, deaden campaign discourse, burden grassroots political activity with needless regulation, and distance Americans from an increasingly professional, detached political class. Rather than attempting to plug "loopholes" in campaign finance law or instituting taxpayer-financed campaigns, Smith proposes a return to core First Amendment values of free speech and an unfettered right to engage in political activity.
Smith finds that campaign contributions have little corrupting effect on the legislature and shows that an unrestrained system of contributions and spending actually enhances equality. More money, not less, is needed in the political system, Smith concludes. "Unfree Speech" draws upon constitutional law and historical research to explain why campaign finance regulation is doomed and to illustrate the potentially drastic costs of efforts to make it succeed. Whatever one thinks about the impact of money on electoral politics, no one should take a final stand without reading Smith's controversial and important arguments.
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity.
Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory.
Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice.
Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
In recent years the subject of freedom of expression has become a
topic of heated debate. "Freedom of Expression in Islam" offers the
first and only detailed presentation in English of freedom of
expression from both the legal and moral perspectives of Islam.
This work is a pioneering attempt in examining both the evidence on
freedom of expression in the sources of the "Shari'ah" and the
limitations, whether moral, legal or theological, that Islam
imposes on the valid exercise of this freedom. "Freedom of
Expression in Islam "is informative not only on the subject of the
possibilities of freedom of expression within Islam, but also on
the cultural tradition of Islam and its guidelines on social
behaviour. "Freedom of Expression in Islam" is part of a series
dedicated to the fundamental rights and liberties in Islam and
should be read in conjunction with "The Dignity of Man: An Islamic
Perspective" and "Freedom, Equality and Justice in Islam."
We love freedom. We hate racism. But what do we do when these values collide? In this wide-ranging book, Erik Bleich explores policies that the United States, Britain, France, Germany, and other liberal democracies have implemented when forced to choose between preserving freedom and combating racism. Bleich's comparative historical approach reveals that while most countries have increased restrictions on racist speech, groups and actions since the end of World War II, this trend has resembled a slow creep more than a slippery slope. Each country has struggled to achieve a balance between protecting freedom and reducing racism, and the outcomes have been starkly different across time and place. Building on these observations, Bleich argues that we should pay close attention to the specific context and to the likely effects of any policy we implement, and that any response should be proportionate to the level of harm the racism inflicts. Ultimately, the best way for societies to preserve freedom while fighting racism is through processes of public deliberation that involve citizens in decisions that impact the core values of liberal democracies.
Oxford Political Theory presents the best new work in contemporary political theory. It is intended to be broad in scope, including original contributions to political philosophy, and also work in applied political theory. The series contains works of outstanding quality with no restriction as to approach or subject matter. The series editors are Will Kymlicka, David Miller, and Alan Ryan. Any liberal democratic state must honour religious and cultural pluralism in its educational policies. To fail to honour them would betray ideals of freedom and toleration fundamental to liberal democracy. Yet if such ideals are to flourish from one generation to the next, allegiance to the distinctive values of liberal democracy is a necessary educational end, whose pursuit will constrain pluralism. The problem of political education is therefore to ensure the continuity across generations of the constitutive ideals of liberal democracy, while remaining hospitable to a diversity of conduct and belief that sometimes threatens those very ideals. Creating Citizens addresses this crucial problem. In lucid and elegant prose, Professor Callan, one of the world's foremost philosophers of education, identifies both the principal ends of civic education, and the rights that limit their political pursuit. This timely study sheds light on some of the most divisive educational controversies, such as state sponsorship and regulation of denominational schooling, as well as the role of non-denominational schools in the moral and political development of children.
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