This book is a plea for scientific openness and free access to information. It demonstrates the futility of scientific secrecy and the weakness of national arguments against open communication. From the restriction of technologically advanced exports, to the classification of research as restricted or secret, to the monitoring (and censoring) of scientific publications and library collections, to the pre-emption by the Pentagon of scientific and technological research, the U.S. federal government has achieved a state of unprecedented control over American science and technology. This, despite the end of the Cold War. Foerstel examines this continuing trend toward the state as chief sponsor, promoter, and supervisor of scientific research and its unsettling ramifications.

Foerstel concludes that scientific secrecy is counterproductive to American interests, particularly in an era when economics has come to define national security. His controversial analysis will be of interest to scientists, historians, and students of government alike.

This book examines the consequences of the First Amendment to the United States Constitution. While Americans benefit from its broad protection of freedom of speech, they also suffer from the extremes which result from interpretation of the same amendment. Bollinger provides a masterly critique of the major theories of freedom of expression, finding them persuasive but inadequate. Buttressing his argument with references to many specific cases, as well as with careful analysis of the primary literature on free speech, he contends that the real value of toleration of extremist speech lies in the extraordinary self-control toward antisocial behaviour that it elicits: society is strenthened by the exercise of tolerance.

A former U.S. Assistant Secretary of State and currently a Distinguished Fellow at the Heritage Foundation, Kim R. Holmes surveys the state of liberalism in America today and finds that it is becoming its opposite-illiberalism-abandoning the precepts of open-mindedness and respect for individual rights, liberties, and the rule of law upon which the country was founded, and becoming instead an intolerant, rigidly dogmatic ideology that abhors dissent and stifles free speech. Tracing the new illiberalism historically to the radical Enlightenment, a movement that rejected the classic liberal ideas of the moderate Enlightenment that were prominent in the American Founding, Holmes argues that today's liberalism has forsaken its American roots, incorporating instead the authoritarian, anti-clerical, and anti-capitalist prejudices of the radical and largely European Left. The result is a closing of the American liberal mind. Where once freedom of speech and expression were sacrosanct, today liberalism employs speech codes, trigger warnings, boycotts, and shaming rituals to stifle freedom of thought, expression, and action. It is no longer appropriate to call it liberalism at all, but illiberalism-a set of ideas in politics, government, and popular culture that increasingly reflects authoritarian and even anti-democratic values, and which is devising new strategies of exclusiveness to eliminate certain ideas and people from the political process. Although illiberalism has always been a temptation for American liberals, lurking in the radical fringes of the Left, it is today the dominant ideology of progressive liberal circles. This makes it a new danger not only to the once venerable tradition of liberalism, but to the American nation itself, which needs a viable liberal tradition that pursues social and economic equality while respecting individual liberties.

After being forcibly removed from the Ecuadorian Embassy, Julian Assange is now in a high security prison in London where he faces extradition to the United States and imprisonment for the rest of his life. The charges Assange faces are a major threat to press freedom. James Goodale, who represented the New York Times in the Pentagon Papers case, commented: "The charge against Assange for 'conspiring' with a source is the most dangerous I can think of with respect to the First Amendment in all my years representing media organizations." It is critical now to build support for Assange and prevent his delivery into the hands of the Trump administration. That is the urgent purpose of this book. A wide range of distinguished contributors, many of them in original pieces, here set out the story of Julian Assange and WikiLeaks, the importance of their work, and the dangers for us all in the persecution they face. In Defense of Julian Assange is a vivid, vital intervention into one of the most important political issues of our day.

The advent of the Arab Spring in late 2010 was a hopeful moment for partisans of progressive change throughout the Arab world. Authoritarian leaders who had long stood in the way of meaningful political reform in the countries of the region were either ousted or faced the possibility of political if not physical demise. The downfall of long-standing dictators as they faced off with strong-willed protesters was a clear sign that democratic change was within reach. Throughout the last ten years, however, the Arab world has witnessed authoritarian regimes regaining resilience, pro-democracy movements losing momentum, and struggles between the first and the latter involving regional and international powers. This volume explains how relevant political players in Arab countries among regimes, opposition movements, and external actors have adapted ten years after the onset of the Arab Spring. It includes contributions on Egypt, Morocco, Kuwait, Saudi Arabia, Syria, Algeria, Sudan, Lebanon, Iraq, Jordan, Yemen, and Tunisia. It also features studies on the respective roles of the United States, China, Iran, and Turkey vis-a-vis questions of political change and stability in the Arab region, and includes a study analyzing the role of Saudi Arabia and its allies in subverting revolutionary movements in other countries.

Hugh M. Hefner's legacy of enduring free speech and free press values is embodied in the Hugh M. Hefner First Amendment Awards, established in 1979, which honor leading First Amendment scholars and advocates. Hefner also had a lifelong interest in film censorship issues and supported teaching about them at the University of Southern California for 20 years. His deep commitment to these values was confirmed when the author was granted unrestricted access to over 3,000 personal scrapbooks, which Hefner had kept in order to track free speech and press issues during his lifetime. The format of the book is an homage to the in-depth conversational interviews Hefner pioneered as the editor and publisher of Playboy magazine. Stuart Brotman conducted in-person interviews with eight persons who in their lifetimes have come to represent a "greatest generation" of free speech and free press scholars and advocates.

Hugh M. Hefner's legacy of enduring free speech and free press values is embodied in the Hugh M. Hefner First Amendment Awards, established in 1979, which honor leading First Amendment scholars and advocates. Hefner also had a lifelong interest in film censorship issues and supported teaching about them at the University of Southern California for 20 years. His deep commitment to these values was confirmed when the author was granted unrestricted access to over 3,000 personal scrapbooks, which Hefner had kept in order to track free speech and press issues during his lifetime. The format of the book is an homage to the in-depth conversational interviews Hefner pioneered as the editor and publisher of Playboy magazine. Stuart Brotman conducted in-person interviews with eight persons who in their lifetimes have come to represent a "greatest generation" of free speech and free press scholars and advocates.

Censorship and book burning are still present in our lives. Lawrence Hill shares his experiences of how ignorance and the fear of ideas led a group in the Netherlands to burn the cover of his widely successful novel, The Book of Negroes, in 2011. Why do books continue to ignite such strong reactions in people in the age of the Internet? Is banning, censoring, or controlling book distribution ever justified? Hill illustrates his ideas with anecdotes and lists names of Canadian writers who faced censorship challenges in the twenty-first century, inviting conversation between those on opposite sides of these contentious issues. All who are interested in literature, freedom of expression, and human rights will enjoy reading Hill's provocative essay.

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.

Tolerated in Britain for over 300 years-and ubiquitous throughout the world for much longer - visual satire gives offence in the quickest way and in its purest form. Cartoons have long since established themselves as a legitimate part of the general political discourse. As a cartoonist, it is Rowson's job to give offence. But the flip side of giving offence is, of course, giving comfort to the opponents or victims of the offended. In "Giving Offence", Rowson explains how and why cartoons work, why they matter and why the reactions of the offended are often an even blunter political weapon than the cartoons themselves. This book is in collaboration with "Index on Censorship".

The Freedom of Information Law allows any person to request and obtain, without explanation or justification, existing, identifiable, and unpublished governmental records, including documents, data, and video. Signed into law in New York in 1974, FOIL remains a powerful public panacea in unlocking information and maintaining vital transparency in our state government. Databases detailing public employee compensation, online viewing of highway department agreements and school district superintendents contracts, and text message exchanges all disclosed and made public through FOIL requests are now common, as the last decade has ushered in an increased demand for public information. Orzechowski guides readers through the creation of the law and the concept of open government in the twenty-first century, offering a foundational understanding of how the legislation works, who is exempt, and how the law was created for every citizen of New York State. Dozens of perspectives from state senators to a Pulitzer Prize winner to watchdog organizations outline the impact of New York State's law. Orzechowski examines the drafting of current legislation to strengthen the existing law and offers perspectives from those who are confronted with the real challenges of accessing public information every day: journalists, attorneys, and citizens. This exploration of FOIL, including narrative, scholarly examination, and how-to guides, serves as a tour of a law that continues to impact residents across the state.

As the world looked on in horror at the Paris terror attacks of January and November 2015, France found itself at the centre of a war that has split across nations and continents. The attacks set in motion a steady creep towards ever more repressive state surveillance, and have fuelled the resurgence of the far right across Europe and beyond, while leaving the left dangerously divided. These developments raise profound questions about a number of issues central to contemporary debates, including the nature of national identity, the limits to freedom of speech, and the role of both traditional and social media. After Charlie Hebdo brings together an international range of scholars to assess the social and political impact of the Paris attacks in Europe and beyond. Cutting through the hysteria that has characterised so much of the initial commentary, it seeks to place these events in their wider global context, untangling the complex symbolic web woven around 'Charlie Hebdo' to pose the fundamental question - how best to combat racism in our supposedly 'post-racial' age?

Most Americans today view freedom of speech as a bedrock of all other liberties, a defining feature of American citizenship. During the nineteenth century, the popular concept of American freedom of speech was still being formed. In An Indispensable Liberty: The Fight for Freedom of Expression in the Nineteenth Century, contributors examine attempts to restrict freedom of speech and the press during and after the Civil War. The nine essays that make up this collection show how, despite judicial, political, and public proclamations of support for freedom of expression, factors like tradition, gender stereotypes, religion, and fear of social unrest often led to narrow judicial and political protection for freedom of expression by people whose views upset the status quo. These views, expressed by abolitionists, suffragists, and labor leaders, challenged rigid cultural mores of the day, and many political and cultural leaders feared that extending freedom of expression to agitators would undermine society. The Civil War intensified questions about the duties and privileges of citizenship. After the war, key conflicts over freedom of expression were triggered by Reconstruction, suffrage, the Comstock Act, and questions about libel. The volume's contributors blend social, cultural, and intellectual history to untangle the complicated strands of nineteenth-century legal thought. By chronicling the development of modern-day notions of free speech, this timely collection offers both a valuable exploration of the First Amendment in nineteenth-century America and a useful perspective on challenges to today's civil liberties.

The introduction of FOI in Ireland was a watershed moment in Irish democracy. It gave citizens a right to know, and abolished eighty years of official secrecy that had existed since the foundation of the State. As the new 2014 FOI Act is extended to the gardai and the Central Bank for the first time, this book critically examines the important contribution the legislation has made to the opening up of Irish democracy and society. The book includes important contributions from the Ombudsman and Information Commissioner Peter Tyndall, former minister Eithne FitzGerald and RTE journalist Richard Dowling. It will be a core text for students of politics and public administration, journalism, media and communications and law; and will be an important reference for policy makers and civil and public servants. -- .

When Barack Obama came into office, the strategic landscape facing the United States in its overseas counterterrorism operations was undergoing a shift. Even before the rise of drones necessitated the articulation of legal doctrine, the Obama administration had to explain itself. In Speaking the Law, the authors offer a detailed examination of the speeches of the Obama administration on national security legal issues. Viewed together here for the first time, the authors lay out a broad array of legal and policy positions regarding a large number of principles currently contested at both the domestic and international levels. The book describes what the Obama administration has said about the legal framework in which it is operating with respect to such questions as the nature of the war on terrorism, the use of drones and targeted killings, detention, trial by military commission and in federal courts, and interrogation. The authors analyze this framework, examining the stresses on it and asking where the administration got matters right and where they were wrong. They conclude with suggestions for certain reforms to the framework for the administration and Congress to consider.

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.

For some, he was "America's leading smut king," hauled into court repeatedly over thirty years for peddling obscene publications through the mail. But when Samuel Roth appealed a 1956 conviction, he forced the Supreme Court to finally come to grips with a problem that had plagued both American society and constitutional law for longer than he had been in business. For while the facts of "Roth v. United States" were unexceptional, its constitutional issues would define the relationship of obscenity to the First Amendment.

The Supreme Court's 6-3 decision in "Roth" for the first time tried to definitively rule on the issue of obscenity in American life and law--and failed. In this first book-length examination of the case, Whitney Strub lays out the history of obscenity's meaning as a legal concept, highlights the influence of antivice crusaders like Anthony Comstock and John Sumner, and chronicles the shadowy career that led Roth to spend nearly a decade of his life imprisoned for the allegedly obscene materials that he sent through the mails. Strub then unwraps the events that produced "Roth v. United States," placing the trial in the context of its times--the Kinsey Reports, the Kefauver hearings, free speech debates--by using Roth's own private papers along with the records of the various prosecutions and the memos of the justices.

The significance of "Roth," as Strub reveals, lay in the two faces of Justice William Brennan's majority opinion--which on the one hand reflected the liberalizing attitude toward sexual matters in mid-century America, but on the other kept "obscene" expressions beyond First Amendment protection. Because that ruling points up the contradictions of a society where the prurient and repressive commingle uncomfortably, Strub shows how Roth says much more about American sexual values than Brennan's written words necessarily acknowledged.

In our era of internet pornography and "Fifty Shades of Grey," it may be difficult to imagine a time when obscenity was a matter for the courts. As Strub tracks the legacy of "Roth" and obscenity law through the ongoing policing of acceptable sexuality into the twenty-first century, his riveting narrative brings those times to life and helps readers navigate the fine line between what is socially acceptable and what is criminally obscene.

Over the past two decades, there have been a series of events that have brought into question the concept and practice of free expression. In this new book, Winston provides an account of the current state of freedom of expression in the western world. He analyses all the most pertinent cases of conflict during the last two decades - including the fatwa against Salman Rushdie, the incident of the Danish cartoons and offended celebrities - examining cultural, legal and journalistic aspects of each case. A Right to Offend offers us a deeper understanding of the increasingly threatening environment in which free speech operates and is defended, as well as how it informs and is central to journalism practice and media freedom more generally. It is important reading for all those interested in freedom of expression in the twenty-first century.

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.

The result of years of critical analysis of Israeli media law, this book argues that the laws governing Israeli electronic media are structured to limit the boundaries of public discourse. Amit M. Schejter posits the theory of a "mute democracy," one in which the media are designed to provide a platform for some voices to be heard over others. While Israel's institutions may be democratic, and while the effect of these policies may be limited, this book contends that free speech in Israel is institutionally muted to ensure the continued domination of the Jewish majority and its preferred interpretation of what Israel means as a Jewish-democratic state. Analyzing a wide range of legal documents recorded in Israel from 1961 to 2007, "Muting Israeli Democracy" demonstrates in scrupulous detail how law and policy are used to promote the hegemonic national culture through the constraints and obligations set on electronic media.

Ten years after publication of the first edition of Timothy Shiell's pathbreaking study, restrictions on faculty and student speech on college campuses continue to be hotly contested in the mainstream media, on the internet, in the journals of academic disciplines, in courtrooms, classrooms, and chatrooms. This revised edition adds substantial new material that updates cases and conflicts during the past decade, expands the original's coverage of the relevant literature, and dramatically reinforces Shiell's original argument.

In the first edition Shiell noted that, despite commitments to free speech and the open exchange of ideas, American colleges and universities had increasingly ignored such principles by implementing numerous hate speech codes designed to protect students from racial, sexual, and other forms of harassment. Taking their cue from Title VII of the Civil Rights Act, which guarantees the right to a non-hostile workplace environment, those regulations had posed seemingly unresolvable conflicts between the ideals of free speech and equal protection.

Shiell explored both sides of the fiery debate over campus hate speech codes to bring out their philosophical and legal underpinnings, clarifying classic free speech arguments as well as the ideas of harm and hostile environment, and analyzing numerous case histories. Pointing out that Title VII wasn't meant to apply to academia, Shiell also encouraged readers to consider the role of the courts in eliminating prejudice in this setting and presented a strong argument for the form the codes themselves should ideally take.

The new edition adds substantial new material on developments concerning the Deterrence Argument, the hostile environment approach, new judicial decisions, and the International Argument. It also updates the comprehensive bibliography and list of legal decisions, significantly increasing the value of both for scholars and policymakers alike.

Shiell eloquently makes the case that campus speech codes--no matter how well grounded in history, law, or philosophy--have tended to be overbroad, arbitrarily enforced, and used selectively to protect only certain groups at the expense of others. For that reason especially, his book will continue to challenge academics and general readers to reconsider how we deal with this important issue.

A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies can differ significantly when addressing the constitutionality of laws regulating certain kinds of speech. In the United States, for instance, the commitment to free speech under the First Amendment has been held by the Supreme Court to protect the public expression of the most noxious racist ideology and hence to render unconstitutional even narrow restrictions on hate speech. In contrast, governments have been accorded considerable leeway to restrict racist and other extreme expression in almost every other democracy, including Canada, the United Kingdom, and other European countries. This book considers the legal responses of various liberal democracies towards hate speech and other forms of extreme expression, and examines the following questions:
What accounts for the marked differences in attitude towards the constitutionality of hate speech regulation?
Does hate speech regulation violate the core free speech principle constitutive of democracy?
Has the traditional US position on extreme expression justifiably not found favor elsewhere?
Do values such as the commitment to equality or dignity legitimately override the right to free speech in some circumstances?
With contributions from experts in a range of disciplines, this book offers an in-depth examination of the tensions that arise between democracy's promises.
Readership Academics, scholars, and advanced students of Human Rights; Comparative Human Rights; Freedom of Information & Freedom of Speech; Media, Information, & Communication Industries; Censorship; Extreme Speech & Hate Speech

In 1966 the United States Congress passed the landmark Freedom of Information Act (FOIA) giving the public the right to access government documents. This "right to know" has been used over the intervening years to challenge overreaching Presidents and secretive government agencies. This example of governmental transparency has served as an inspiring case in point to nations around the world, spawning similar statutes in fifty-nine countries. Yet, despite these global efforts to foster openness in government, secrecy still persists--and in many cases--sometimes thrives. Alasdair Roberts, a prominent lawyer, public policy expert, and international authority on transparency in government, examines the evolution of the trend toward governmental openness and how technological developments have assisted the disclosure and dissemination of information. In the process he offers a comprehensive look at the global efforts to restrict secrecy and provides readers with a clearly written guide to those areas where the battle over secrecy is most intense. Drawing on cases from many different countries, Roberts goes further than the popular view that secrecy is simply a problem of selfish bureaucrats trying to hide embarrassing information by showing how such powerful trends as privatization, globalization, and the "networking" of security agencies are complicating the fight against secrecy. In our time when new terror threats provoke potentially counter-productive measures that impede openness, the need for a thorough and dispassionate discussion of openness in democratic societies is especially acute. Written in an engaging style, Blacked Out powerfully illustrates why transparency matters and why the struggle for openness is so difficult. Alasdair Roberts is Associate Professor in the Maxwell School of Citizenship and Public Affairs and Director of the Campbell Public Affairs Institute at Syracuse University. An internationally-recognized specialist on open government, he has written over thirty journal articles and book chapters. He is a 2005 recipient of the Johnson Award for Best Paper in Ethics and Accountability in the Public Sector. He has been a fellow of the Open Society Institute and the Woodrow Wilson Center for Scholars, and is a member of the Initiative for Policy Dialogue's Transparency Task Force.