The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.

The Free Speech Clause of the First Amendment prohibits the government from "abridging the freedom of speech," but does not define what that freedom entails. Chapter 1 provides a broad overview of the main categories of protected and unprotected speech in First Amendment jurisprudence. Chapter 2 examines the scope of protection extended to freedom of speech in thirteen selected countries. In particular, the chapter focuses on the limits of protection that may apply to the right to interrupt or affect in any other way public speech. It also addresses the availability of mechanisms to control foreign broadcasters working on behalf of foreign governments. Chapter 3 highlights the First Amendment and examines those places where the right to free speech is being stifled and sometimes even silenced by government. Chapter 4 begins by outlining the current legal framework governing social media sites' treatment of users' content, focusing on the First Amendment and Section 230 of the Communications Decency Act of 1996 (CDA).

Intellectual freedom is a complex concept that democracies and free societies around the world define in different ways but always strive to uphold. And ALA has long recognized the crucial role that libraries play in protecting this right. But what does it mean in practice? How do library workers handle the ethical conundrums that often accompany the commitment to defending it? Rather than merely laying out abstract policies and best practices, this important new collection gathers real-world stories of intellectual freedom in action to illuminate the difficulties, triumphs, and occasional setbacks of advocating for free and equal access to information for all people in a shifting landscape. Offering insight to LIS students and current practitioners on how we can advance the profession of librarianship while fighting censorship and other challenges, these personal narratives explore such formidable situations as: presenting drag queen story times in rural America; a Black Lives Matter "die-in" at the undergraduate library of the University of Wisconsin-Madison; combating censorship at a prison library; hosting a moderated talk about threats to modern democracy that included a neo-Nazi spokesman; a provocative exhibition that triggered intimidating phone calls, emails, and a threat to burn down an art library; calls to eliminate non-Indigenous children's literature from the collection of a tribal college library; and preserving patrons' right to privacy in the face of an FBI subpoena. These stories provide a rich platform for debate and introspection by sharing real-world examples that library staff, administrators, board members, and students can consider and discuss.

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.

The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.

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

Although nudity is something that everyone has experience with, public nudity is still largely considered taboo. Public Nudity and the Rhetoric of the Body examines instances of public nudity where sexuality is at the forefront of public body display. It presents a range of case studies: the legal aspects of sexualized public nudity as it relates to communication theory and the First Amendment; the controversies surrounding the work of photographer Jock Sturges; the public performance art of Milo Moire; the topless protests of FEMEN; the social media activism of Aliaa Magda Elmahdy; the ritualized flashing during Mardi Gras in New Orleans; and the sexual displays of Folsom Street Fair, the largest leather pride festival. Taken together, these cases teach much about identity, self-determination, and sexuality, and illustrate the complicated rhetorical nature of the human body in the public sphere.

This book examines the history of the legal discourse around political falsehood and its future in the wake of the 2012 US Supreme Court decision in US v. Alvarez through communication law, political philosophy, and communication theory perspectives. As US v. Alvarez confirmed First Amendment protection for lies, Robert N. Spicer addresses how the ramifications of that decision function by looking at statutory and judicial handling of First Amendment protection for political deception. Illustrating how commercial speech is regulated but political speech is not, Spicer evaluates the role of deception in politics and its consequences for democracy in a contemporary political environment where political personalities, partisan media, and dark money donors bend the truth and abuse the virtue of free expression.

This book analyzes narratives on Donald Trump's 2016 presidential election victory by and for diverse populations. The narratives are designed to help students, women, young Christians, evangelicals, parents of internationally adopted children, white nationalists, etc. understand the meaning and possible consequences of Trump's election, as well as to give voice to the responses and concerns of populations directly affected by Trump's election. Recommended for scholars interested in political communication, rhetoric, cultural studies, sociology, and media studies.

In 1994, artistic freedom pertaining inter alia to literature was enshrined in the South African Constitution. Clearly, the establishment of this right was long overdue compared to other nations within the Commonwealth. Indeed, the legal framework and practices regarding the regulation of literature that were introduced following the nation's transition to a non-racial democracy seemed to form a decisive turning point in the history of South African censorship of literature. This study employs a historical sociological point of view to describe how the nation's emerging literary field helped pave the way for the constitutional entrenchment of this right in 1994. On the basis of institutional and poetological analyses of all the legal trials concerning literature that were held in South Africa during the period 1910-2010, it describes how the battles fought in and around the courts between literary, judicial and executive elites eventually led to a constitutional exceptio artis for literature. As the South African judiciary displayed an ongoing orientation towards both English and American law in this period, the analyses are firmly placed in the context of developments occurring concurrently in these two legal systems.

When Breeze FM Radio, in the provincial Zambian town of Chipata, hired an elderly retired school teacher in 2003, no one anticipated the skyrocketing success that would follow. A self-styled grandfather on air, Gogo Breeze seeks intimacy over the airwaves and dispenses advice on a wide variety of grievances and transgressions. Multiple voices are broadcast and juxtaposed through call-ins and dialogue, but free speech finds its ally in the radio elder who, by allowing people to be heard and supporting their claims, reminds authorities of their obligations toward the disaffected. Harri Englund provides a masterfully detailed study of this popular radio personality that addresses broad questions of free speech in Zambia and beyond. By drawing on ethnographic insights into political communication, Englund presents multivocal morality as an alternative to dominant Euro-American perspectives, displacing the simplistic notion of voice as individual personal property an idea common in both policy and activist rhetoric. Instead, Englund focuses on the creativity and polyphony of Zambian radio while raising important questions about hierarchy, elderhood, and ethics in the public sphere. A lively, engaging portrait of an extraordinary personality, Gogo Breeze will interest Africanists, scholars of radio and mass media, and anyone interested in the history and future of free speech.

This book examines how freedom of speech is reflected in pop culture by looking at numerous examples of films, websites, television shows, and songs that have touched on—and impacted—this issue. It is easy to overlook the importance of freedom of speech in our modern world, where it often seems "anything goes." In actuality, freedom of speech issues are still highly relevant in the 21st century, even if our cultural and social contexts now allow many forms of expression that were unacceptable in previous eras. This book focuses on how freedom of speech is reflected in pop culture by looking at the films, websites, television shows, and songs that have touched on—and impacted—this issue. It examines specific examples of freedom of speech issues within everything from print media to music, theater, photography, film, television, sports, video games, and social media and demonstrates that pop culture sometimes contributes to the expansion of freedom of speech.

Pauli Murray (1910-1985) played pivotal roles in both the modern civil rights and women's movements. In the 1950s, her legal scholarship helped Thurgood Marshall to shift his course and attack segregation frontally in Brown v. Board of Education. In the 1960s, Murray persuaded Betty Friedan to help her found an NAACP for women, which Friedan named NOW. In the early 1970s, Murray provided Ruth Bader Ginsburg with the argument Ginsburg used to persuade the Supreme Court that the Fourteenth Amendment to the Constitution protects not only blacks but also women - and potentially other minority groups - from discrimination. A mixed-race orphan, Murray grew up in the segregated schools of North Craolina, before escaping to New York, where she attended Hunter College and became a labor activist in the 1930s. Applying to graduate school at the University of North Carolina, where her white great-great-grandfather had been a trustee, she was rejected on account of her race. Deciding to become a lawyer, she graduated first in her class at Howard Law School, only to be rejected for graduate study at Harvard University on account of her sex. Undaunted, Murray forged a singular career in the law, directly impacting one of the landmark Supreme Court cases. Appointed by Eleanor Rossevelt to the President's Commission on the Status of Women in 1962, she advanced the idea of Jane Crow, arguing that the same reasons used to attack race discrimination could be used to battle gender discrimination. In 1965, she becanme the first black person to earn a JSD from Yale Law School and the follow year persuaded Betty Friedan to found what became the nation's most famous feminist organization. Most importantly, her concept of Jane Crow propelled Ginsberg to her first Supreme Court victory for women's rights. By that time, Murray was a tenured history professor at Brandeis, a position she left to become the first woman ordained a priest by the Episcopal Church in 1976. Murray accomplished all of this as someone who would today be identified as transgender but who, at a time when no social movement existed to support this identity, focused her attention on systematic attacks on arbitrary distinctions of all sorts, transforming the idea of what equality means.