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The Supreme Court's 5-4 decision in Citizens United v. Federal
Election Commission, which struck down a federal prohibition on
independent corporate campaign expenditures, is one of the most
controversial opinions in recent memory. Defenders of the First
Amendment greeted the ruling with enthusiasm, while advocates of
electoral reform recoiled in disbelief. Robert Post offers a new
constitutional theory that seeks to reconcile these sharply divided
camps. Post interprets constitutional conflict over campaign
finance reform as an argument between those who believe
self-government requires democratic participation in the formation
of public opinion and those who believe that self-government
requires a functioning system of representation. The former
emphasize the value of free speech, while the latter emphasize the
integrity of the electoral process. Each position has deep roots in
American constitutional history. Post argues that both positions
aim to nurture self-government, which in contemporary life can
flourish only if elections are structured to create public
confidence that elected officials are attentive to public opinion.
Post spells out the many implications of this simple but profound
insight. Critiquing the First Amendment reasoning of the Court in
Citizens United, he also shows that the Court did not clearly grasp
the constitutional dimensions of corporate speech. Blending
history, constitutional law, and political theory, Citizens Divided
explains how a Supreme Court case of far-reaching consequence might
have been decided differently, in a manner that would have
preserved both First Amendment rights and electoral integrity.
“There is not a single American awake to the world who is
comfortable with the way things are.” So begins Lawrence Lessig's
sweeping indictment of contemporary American institutions and the
corruption that besets them. We can all see it—from the selling
of Congress to special interests to the corporate capture of the
academy. Something is wrong. It’s getting worse. And it’s our
fault. What Lessig shows, brilliantly and persuasively, is that we
can’t blame the problems of contemporary American life on bad
people, as our discourse all too often tends to do. Rather, he
explains, “We have allowed core institutions of America’s
economic, social, and political life to become corrupted. Not by
evil souls, but by good souls. Not through crime, but through
compromise.” Every one of us, every day, making the modest
compromises that seem necessary to keep moving along, is
contributing to the rot at the core of American civic life. Through
case studies of Congress, finance, the academy, the media, and the
law, Lessig shows how institutions are drawn away from higher
purposes and toward money, power, quick rewards—the first steps
to corruption. Lessig knows that a charge so broad should not be
levied lightly, and that our instinct will be to resist it. So he
brings copious, damning detail gleaned from years of research,
building a case that is all but incontrovertible: America is on the
wrong path. If we don’t acknowledge our own part in that, and act
now to change it, we will hand our children a less perfect union
than we were given. It will be a long struggle. This book
represents the first steps.
Based upon his 2013 TED talk, now with more than a million views,
this book tells the story of the system of corruption within our
government, and how we might fix it. Cross-partisan, and incredibly
hopeful, the book is a map for a democracy that we could reclaim.
The reigning authority on intellectual property in the Internet
age, Lawrence Lessig spotlights the newest and possibly the most
harmful culture war?a war waged against those who create and
consume art. America's copyright laws have ceased to perform their
original, beneficial role: protecting artists? creations while
allowing them to build on previous creative works. In fact, our
system now criminalizes those very actions. Remix is an urgent,
eloquent plea to end a war that harms every intrepid, creative user
of new technologies. It also offers an inspiring vision of the
postwar world where enormous opportunities await those who view art
as a resource to be shared openly rather than a commodity to be
hoarded.
There's a common belief that cyberspace cannot be regulated-that it
is, in its very essence, immune from the government's (or anyone
else's) control. "Code," first published in 2000, argues that this
belief is wrong. It is not in the nature of cyberspace to be
unregulable; cyberspace has no "nature." It only has code-the
software and hardware that make cyberspace what it is. That code
can create a place of freedom-as the original architecture of the
Net did-or a place of oppressive control. Under the influence of
commerce, cyberspace is becoming a highly regulable space, where
behavior is much more tightly controlled than in real space. But
that's not inevitable either. We can-we must-choose what kind of
cyberspace we want and what freedoms we will guarantee. These
choices are all about architecture: about what kind of code will
govern cyberspace, and who will control it. In this realm, code is
the most significant form of law, and it is up to lawyers,
policymakers, and especially citizens to decide what values that
code embodies. Since its original publication, this seminal book
has earned the status of a minor classic. This second edition, or
Version 2.0, has been prepared through the author's wiki, a web
site that allows readers to edit the text, making this the first
reader-edited revision of a popular book.
Lawrence Lessig, "the most important thinker on intellectual
property in the Internet era" (The New Yorker), masterfully argues
that never before in human history has the power to control
creative progress been so concentrated in the hands of the powerful
few, the so-called Big Media. Never before have the cultural
powers- that-be been able to exert such control over what we can
and can't do with the culture around us. Our society defends free
markets and free speech; why then does it permit such top-down
control? To lose our long tradition of free culture, Lawrence
Lessig shows us, is to lose our freedom to create, our freedom to
build, and, ultimately, our freedom to imagine.
In his too-short life, Aaron Swartz reshaped the Internet and
questioned our assumptions about intellectual property. His tragic
suicide in 2013 at the age of 26 after being aggressively
prosecuted for copyright infringement shocked the world. Here, for
the first time in print, is revealed the quintessential Aaron
Swartz: besides being a technical genius and a passionate activist,
he was also an insightful, compelling and cutting essayist. He
wrote thoughtfully and humorously about intellectual property,
copyright and the architecture of the Internet.
WITH A NEW FOREWORD ABOUT THE 2020 ELECTION "This urgent book
offers not only a clear-eyed explanation of the forces that broke
our politics, but a thoughtful and, yes, patriotic vision of how we
create a government that's truly by and for the people."--DAVID
DALEY, bestselling author of Ratf**ked and Unrigged In the vein of
On Tyranny and How Democracies Die, the bestselling author of
Republic, Lost argues with insight and urgency that our democracy
no longer represents us and shows that reform is both necessary and
possible. America's democracy is in crisis. Along many dimensions,
a single flaw--unrepresentativeness--has detached our government
from the people. And as a people, our fractured partisanship and
ignorance on critical issues drive our leaders to stake out ever
more extreme positions. In They Don't Represent Us, Harvard law
professor Lawrence Lessig charts the way in which the fundamental
institutions of our democracy, including our media, respond to
narrow interests rather than to the needs and wishes of the
nation's citizenry. But the blame does not only lie with
"them"--Washington's politicians and power brokers, Lessig argues.
The problem is also "us." "We the people" are increasingly
uninformed about the issues, while ubiquitous political polling
exacerbates the problem, reflecting and normalizing our ignorance
and feeding it back into the system as representative of our will.
What we need, Lessig contends, is a series of reforms, from
governmental institutions to the public itself, including: A move
immediately to public campaign funding, leading to more
representative candidates A reformed Electoral College, that gives
the President a reason to represent America as a whole A federal
standard to end partisan gerrymandering in the states A radically
reformed Senate A federal penalty on states that don't secure to
their people an equal freedom to vote Institutions that empower the
people to speak in an informed and deliberative way A
soul-searching and incisive examination of our failing political
culture, this nonpartisan call to arms speaks to every citizen,
offering a far-reaching platform for reform that could save our
democracy and make it work for all of us.
In January 2013, Aaron Swartz, under arrest and threatened with
thirty-five years of imprisonment for downloading material from the
JSTOR database, committed suicide. He was twenty-six years old. But
in that time he had changed the world we live in: reshaping the
Internet, questioning our assumptions about intellectual property,
and creating some of the tools we use in our daily online lives.
Besides being a technical genius and a passionate activist, he was
also an insightful, compelling, and cutting critic of the politics
of the Web. In this collection of his writings that spans over a
decade he shows his passion for and in-depth knowledge of
intellectual property, copyright, and the architecture of the
Internet. The Boy Who Could Change the World contains the life's
work of one of the most original minds of our time.
The Internet revolution has come. Some say it has gone. In The Future of Ideas, Lawrence Lessig explains how the revolution has produced a counterrevolution of potentially devastating power and effect. Creativity once flourished because the Net protected a commons on which widest range of innovators could experiment. But now, manipulating the law for their own purposes, corporations have established themselves as virtual gatekeepers of the Net while Congress, in the pockets of media magnates, has rewritten copyright and patent laws to stifle creativity and progress.
Lessig weaves the history of technology and its relevant laws to make a lucid and accessible case to protect the sanctity of intellectual freedom. He shows how the door to a future of ideas is being shut just as technology is creating extraordinary possibilities that have implications for all of us. Vital, eloquent, judicious and forthright, The Future of Ideas is a call to arms that we can ill afford to ignore.
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