Whilst paying lip service to the importance of public access to court proceedings and its corollary of unfettered media reporting,a trawl through common law jurisdictions reveals that judges and legislators have been responsible for substantial inroads into the ideal of open justice. Outside of the US, judges and legislators have long subordinated media freedom to report and comment upon matters relating to the administration of justice in order to safeguard the fairness of individual proceedings, public confidence in the administration of justice more generally or even individual privacy concerns. The subject matter of this book is a comparative treatment of constitutional protection for open justice. Focusing on developments in the legal systems of the United Kingdom, the United States, Canada and Australia, the monograph draws upon the constitutionalization of expression interests across the common law world to engage in a much needed re-assessment of the basis and extent of permissible restraints on speech.

Freedom of speech is a foundational principle of the American Constitutional system. This collection of over 100 primary documents from a variety of sources will help students understand exactly what is meant by "free speech," and how it has evolved since the founding of our country. Court cases, opinion pieces, and many other documents bring to life the tension between America's constitutional commitment to robust and unrestrained discourse and recurring efforts to suppress expression deemed dangerous, degrading or obscene. Explanatory introductions to each document aid users in understanding the various arguments put forth in debates over exactly how to define the Constitution to encourage readers to consider all sides when drawing their own conclusions. Relying heavily on Supreme Court precedents that have shaped First Amendment law, the volume also provides plenty of carefully selected source materials chosen to reflect the culture of the times, allowing the reader to better understand the climate giving rise to each controversy. The introductory and explanatory text help readers understand the nature of the conflicts, the issues being litigated, the social and cultural pressures that shaped each debate, and the manner in which the composition of the Supreme Court and the passions of the individual Justices affected the development of the law. This welcome resource will provide students with the opportunity to explore the philosophy of the First Amendment's Free Speech provisions and to understand how our historic commitment to freedom of expression has fared at various times in our history.

This book uniquely depicts the preeminent role that African trade unions played in ousting dictatorships and bringing democracy to many African countries in the 1990s. In the analytical introduction and case studies of major African countries, leading scholars relate how democratic trade unions were critical in launching and sustaining democratization. Working with other societal groups and parties, unions continue to represent the popular classes and invigorate democratic life in these otherwise elite-dominated countries.

During the Cold War, writers and artists were faced with a huge challenge. In the Soviet world, they were expected to turn out works that glorified militancy, struggle and relentless optimism. In the West, freedom of expression was vaunted as liberal democracy's most cherished possession. But such freedom could carry a cost. This book documents the extraordinary energy of a secret campaign in which some of the most vocal exponents of intellectual freedom in the West became instruments - whether they knew it or not, whether they liked it or not - of America's secret service.

"A very readable book containing the best arguments thus far opposing campaign finance reform."
-- "Choice"

"Martin Redish's accomplishment is that he not only has written a strong critique of te proposals to extend governmental regulation of free speech, but he has also given First Amendment defenders a base from which to attack existing restrictions on communication. Money Talks illustrates and upholds why the Founders prohibited Congress from making any law thta abridges the freedom of speech."--"Regulation"

Many have argued that soft money and special interests are destroying the American electoral system. And yet the clarion call for campaign finance reform only touches on the more general belief that money and economic power have a disastrous impact on both free expression and American democracy. The nation's primary sources of communication, the argument goes, are increasingly controlled by vast corporate empires whose primary, or even exclusive motive is the maximization of profit. And these conglomerates should simply not be granted the same constitutional protection as, say, an individual protester.

And yet neither the expenditure of money for expressive purposes nor an underlying motive of profit maximization detracts from the values fostered by such activity, claims Martin H. Redish. In fact, given the modern economic realities that dictate that effective expression virtually requires the expenditure of capital, any restriction of such capital for expressive purposes will necessarily reduce the sum total of available expression. Further, Redish here illustrates, the underlying motive of those who wish to restrict corporate expression is disagreement with thenature of the views they express.

Confronting head-on one of the sacred cows of American reformist politics, Martin H. Redish here once again lives up to his reputation as one of America's most original and counterintuitive legal minds.

"The Aesthetics of Free Speech: Rethinking the Public Sphere" is one of the first books to theoretically explore the relationship between free speech and the public sphere. By drawing upon Marxist theory the author, John Michael Roberts, demonstrates how liberal theorists frequently construct an abstract aesthetic of "rational," "cultivated" and "competent" discussion which then serves as a norm through which certain utterances can be humiliated and excluded from participating fully within the public sphere. However, the author also shows how excluded utterances develop their own aesthetic of free speech and how this aesthetic then comes back to haunt the bourgeois public sphere.

Shaw argues that journalism should focus on deconstructing the underlying structural and cultural causes of political violence such as poverty, famine and human trafficking, and play a proactive (preventative), rather than reactive (prescriptive) role in humanitarian intervention.

This book crosses the conventional border between the analysis of on-screen and off-screen intersections of law and cinema. It not only addresses the representation of law on screen (for example, through discussions of how lawyers, police, and prisons are depicted, or how courtroom sequences function as narratives), but also focuses on how the state shapes and regulates cinema. The volume addresses the distinct contexts of China, India, Japan, Korea, the Philippines, and Vietnam, along with an integrative introduction that puts the essays and themes into context for scholars and students alike.

While freedom of speech is a defining characteristic of the United States, the First Amendment right is often regulated within certain environments. For years, schools have attempted to monitor and regulate student communication both within the educational environment and in student use of social media and other online communication tools. Censorship and Student Communication in Online and Offline Settings is a comprehensive reference source that addresses the issues surrounding student's right to free speech in on and off-campus settings. Featuring relevant coverage on the implications of digital media as well as constitutional and legal considerations, this publication is an essential resource for school administrators, educators, students, and policymakers interested in uncovering the reasons behind student censorship and the challenges associated with the regulation of students' free speech.

Does the Labour Government's commitment to Freedom of Information mean the end of excessive secrecy in the UK? Why has Britain finally decided to join the many other countries that enjoy a "right to know"? This book places the UK debate over open government in its political context. Robertson argues that just as secrecy reflected the interests of the powerful, so too does freedom of information. This is a radical and challenging alternative to the conventional view that open government is concerned with empowering "the people".

Based on interviews with officials, requesters and journalists, as well as a survey of FOI requesters and a study of stories in the national media, this book offers a unique insight into how the Freedom of Information Act 2000 really works.

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

Focusing on freedom of speech, this text deals with the perennial problem of how a small country should react in the face of pressure threatening its sovereignty. Should it give way or resist? The author describes in detail how the Soviet Union operated both overtly and covertly in the propaganda war and discusses the reactions of the West, the United States, Great Britain, West Germany and Sweden.

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

This work provides a philosophical framework within which the free speech clause of the Constitution's First Amendment may be understood. While much has been written on the First Amendment, this work is unique in offering an historically based thesis illuminating a point virtually ignored in the literature--the absolutist quality of the free speech clause and the philosophical dualism (words/deeds) on which it is based. Given the increasingly powerful forces favoring group rights in order to generate laws which would silence "offensive" speech, this book provides a radical challenge to the frameworks within which many such contemporary arguments are cast. It also reminds putative censors of the very special role free speech plays in any democratic community which aims to be self-governing.

These studies by a group of eminent academics and judges compare the different approaches of the British, European and American courts to the questions of free speech, which lie at the heart of much debate in constitutional law. The authors of these studies adopt opposing views, some favouring the pursuit of a US-inspired approach to protecting free speech, in the belief that the political culture of British society .would be enhanced if our courts were to fashion our common law in accordance with many First Amendment principles. Others, more sceptically, reject this embrace of US legal culture, offering distinctly "Ameri-sceptic" views and arguing for a solution based on common law principles and on the jurisprudence of the European courts.

Bearing Witness While Black tells the story of this century's most powerful Black social movement through the eyes of 15 activists who documented it. At the height of the Black Lives Matter uprisings, African Americans filmed and tweeted evidence of fatal police encounters in dozens of US cities-using little more than the device in their pockets. Their urgent dispatches from the frontlines spurred a global debate on excessive police force, which claimed the lives of African American men, women, and children at disproportionate rates. This groundbreaking book reveals how the perfect storm of smartphones, social media, and social justice empowered Black activists to create their own news outlets, which continued a centuries-long, African American tradition of using the news to challenge racism. Bearing Witness While Black is the first book of its kind to identify three overlapping eras of domestic terror against African American people-slavery, lynching, and police brutality-and explain how storytellers during each period documented its atrocities through journalism. What results is a stunning genealogy-of how the slave narratives of the 1700s inspired the Abolitionist movement; how the black newspapers of the 1800s galvanized the anti-lynching and Civil Rights movements; and how the smartphones of today have powered the anti-police brutality movement. This lineage of black witnessing, Allissa V. Richardson argues, is formidable and forever evolving. Richardson's own activism, as an award-winning pioneer of smartphone journalism, informs this text. Weaving in personal accounts of her teaching in the US and Africa, and of her own brushes with police brutality, Richardson shares how she has inspired black youth to use mobile devices, to speak up from the margins. It is from this vantage point, as participant-observer, that she urges us not to become numb to the tragic imagery that African Americans have documented. Instead, Bearing Witness While Black conveys a crucial need to protect our right to look into the forbidden space of violence against black bodies, and to continue to regard the smartphone as an instrument of moral suasion and social change.

In the aftermath of the Edward Snowden leaks, the Obama administration has been hard pressed to yield to greater transparency and openness to constructive change. This book provides a catalyst toward greater transparency, increased public awareness of the urgent need for constructive change, and the insight into what such change would require.

The revival of authoritarianism is one of the most important forces reshaping world politics today. However, not all authoritarians are the same. To examine both resurgence and variation in authoritarian rule, Karrie J. Koesel, Valerie J. Bunce, and Jessica Chen Weiss gather a leading cast of scholars to compare the most powerful autocracies in global politics today: Russia and China. The essays in Citizens and the State in Authoritarian Regimes focus on three issues that currently animate debates about these two countries and, more generally, authoritarian political systems. First, how do authoritarian regimes differ from one another, and how do these differences affect regime-society relations? Second, what do citizens think about the authoritarian governments that rule them, and what do they want from their governments? Third, what strategies do authoritarian leaders use to keep citizens and public officials in line and how successful are those strategies in sustaining both the regime and the leader's hold on power? Integrating the most important findings from a now-immense body of research into a coherent comparative analysis of Russia and China, this book will be essential for anyone studying the foundations of contemporary authoritarianism.

Passed in 1873, the Comstock Act banned 'obscene' materials from the mail without defining obscenity, leaving it open to interpretation by courts that were hostile to free speech. Literature that reflected changing attitudes toward sexuality, religion, and social institutions fell victim to the Comstock Act and related state laws. Dr. Edward Bliss Foote became among the earliest individuals convicted under the law after he mailed a brochure on birth-control methods. For the next four decades, Foote Sr. and his son, Dr. Edward Bond Foote, challenged the Comstock Act in Congress, legislatures, and courts and also offered personal assistance to Comstock defendants. This book chronicles the Footes' struggle, examining not just the efforts of these cruising champions of freedom of expression and women's rights, but also the larger issues surrounding free speech and censorship in the Gilded Age of American history.

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.

When we talk about what "freedom of speech" means in America, the discussion almost always centers on freedom rather than speech. Taking for granted that speech is an unambiguous and stable category, we move to considering how much freedom speech should enjoy. But, as Randall Bezanson demonstrates in "Speech Stories," speech is a much more complicated and dynamic notion than we often assume. In an age of rapidly accelerated changes in discourse combined with new technologies of communication, the boundaries and substance of what we traditionally deem speech are being reconfigured in novel and confusing ways.

In order to spark thought, discussion, and debate about these complexities and ambiguities, Bezanson probes the "stories" behind seven controversial free speech cases decided by the Supreme Court. These stories touch upon the most controversial and significant of contemporary first amendment issues: government restrictions on hate speech and obscene and indecent speech; pornography and the subordination of women; the constitutionality of campaign finance reform; and the treatment to be accorded new technologies of communication under the Constitution. The result is a provocative engagement of the reader in thinking about the puzzles and paradoxes of our commitment to free expression.

At the very start of South Africa's constitutional democracy, openness and transparency had a special place. Reacting against the secrecy of apartheid, the veils would be lifted in a newly open society. And indeed South Africa's access to information law - the Promotion of Access to Information Act, a direct result of the constitutional negotiations - is without parallel in the world. But bureaucracies and their cultures don't change easily. Habits of secrecy die hard and perhaps hardest where institutional capacity is low and organisational resources are scarce. Working against such obstacles, a few valiant organisations including the South African History Archive (SAHA) have been working to push back the entrenched modes of secrecy and instantiate the realm of open democracy. Drawing on the experience of SAHA, the chapters of Paper Wars will be the place to start for any serious scholar or dedicated activist seeking to understand the experience and place of South Africa in the global diffusion of freedom of information regimes. Despite having the law on their side, this book details the difficulties the information activists and requesters have encountered as they have attempted to put South Africa's constitutional right of access to information into practice. Containing essays and case studies, the volume will stand as the record of the initial implementation (or lack thereof) of South Africa's right to know law.