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Transforming Free Speech - The Ambiguous Legacy of Civil Libertarianism (Paperback)
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Transforming Free Speech - The Ambiguous Legacy of Civil Libertarianism (Paperback)
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Contemporary civil libertarians claim that their works preserve a
worthy American tradition of defending free-speech rights dating
back to the framing of the First Amendment. "Transforming Free
Speech" challenges the worthiness, and indeed the very existence of
one uninterrupted libertarian tradition.
Mark A. Graber asserts that in the past, broader political visions
inspired libertarian interpretations of the First Amendment. In
reexamining the philosophical and jurisprudential foundations of
the defense of expression rights from the Civil War to the present,
he exposes the monolithic free-speech tradition as a myth. Instead
of one conception of the system of free expression, two emerge: the
conservative libertarian tradition that dominated discourse from
the Civil War until World War I, and the civil libertarian
tradition that dominates later twentieth-century argument.
The essence of the current perception of the American free-speech
tradition derives from the writings of Zechariah Chafee, Jr.
(1885-1957), the progressive jurist most responsible for the modern
interpretation of the First Amendment. His interpretation, however,
deliberately obscured earlier libertarian arguments linking liberty
of speech with liberty of property. Moreover, Chafee stunted the
development of a more radical interpretation of expression rights
that would give citizens the resources and independence necessary
for the effective exercise of free speech. Instead, Chafee
maintained that the right to political and social commentary could
be protected independent of material inequalities that might
restrict access to the marketplace of ideas. His influence
enfeebled expression rights in a world where theirexercise depends
increasingly on economic power.
Untangling the libertarian legacy, Graber points out the
disjunction in the libertarian tradition to show that free-speech
rights, having once been transformed, can be transformed again.
Well-conceived and original in perspective, "Transforming Free
Speech" will interest political theorists, students of government,
and anyone interested in the origins of the free-speech tradition
in the United States.
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