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The Free Speech Century (Hardcover)
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The Free Speech Century (Hardcover)
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The Supreme Court's 1919 decision in Schenck vs. the United States
is one of the most important free speech cases in American history.
Written by Oliver Wendell Holmes, it is most famous for saying that
'shouting fire in a crowded theater' is not protected by the First
Amendment. The case itself upheld an espionage conviction, but it
also created a much stricter standard for governmental suppression
of speech. Over time, the standard Holmes devised made freedom of
speech in America a reality rather than merely an ideal. In The
Free Speech Century, two of American's leading First Amendment
scholars, Geoffrey Stone and Lee Bollinger, have gathered a group
of the nation's leading legal scholars (Cass Sunstein, Lawrence
Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, and
others) to evaluate the development of free speech doctrine since
Schenk and assess where it might be headed in our post-Snowden era.
Since 1919, First Amendment jurisprudence in America has been a
signal development in the history of constitutional
democracies-remarkable for its level of doctrinal refinement,
remarkable for its lateness in coming (in relation to the adoption
of the First Amendment), and remarkable for the scope of protection
for free expression it has afforded since the 1960s. Since 1919,
the degree of judicial engagement with these fundamental rights has
grown exponentially. We now have an elaborate set of free speech
laws and norms, but as Stone and Bollinger stress, the context is
always shifting. New societal threats like terrorism, heightened
political sensitivities, and new technologies of communication
continually reshape our understanding of what sort of speech should
be allowed. Publishing on the one hundredth anniversary of the
decision that established free speech as we have come to understand
it today, The Free Speech Century will serve as essential overview
for anyone interested in how our understanding of the First
Amendment transformed over time and why it continues to change to
this day.
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