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Americans of all political persuasions fear that "free speech" is
under attack. This may seem strange at a time when legal
protections for free expression remain strong and overt government
censorship minimal. Yet a range of political, economic, social, and
technological developments have raised profound challenges for how
we manage speech. New threats to political discourse are
mounting-from the rise of authoritarian populism and national
security secrecy to the decline of print journalism and public
trust in experts to the "fake news," trolling, and increasingly
subtle modes of surveillance made possible by digital technologies.
The Perilous Public Square brings together leading thinkers to
identify and investigate today's multifaceted threats to free
expression. They go beyond the campus and the courthouse to
pinpoint key structural changes in the means of mass communication
and forms of global capitalism. Beginning with Tim Wu's inquiry
into whether the First Amendment is obsolete, Matthew Connelly,
Jack Goldsmith, Kate Klonick, Frederick Schauer, Olivier Sylvain,
and Heather Whitney explore ways to address these dangers and
preserve the essential features of a healthy democracy. Their
conversations with other leading thinkers, including Danielle Keats
Citron, Jelani Cobb, Frank Pasquale, Geoffrey R. Stone, Rebecca
Tushnet, and Kirsten Weld, cross the disciplinary boundaries of
First Amendment law, internet law, media policy, journalism, legal
history, and legal theory, offering fresh perspectives on
fortifying the speech system and reinvigorating the public square.
Americans of all political persuasions fear that "free speech" is
under attack. This may seem strange at a time when legal
protections for free expression remain strong and overt government
censorship minimal. Yet a range of political, economic, social, and
technological developments have raised profound challenges for how
we manage speech. New threats to political discourse are
mounting-from the rise of authoritarian populism and national
security secrecy to the decline of print journalism and public
trust in experts to the "fake news," trolling, and increasingly
subtle modes of surveillance made possible by digital technologies.
The Perilous Public Square brings together leading thinkers to
identify and investigate today's multifaceted threats to free
expression. They go beyond the campus and the courthouse to
pinpoint key structural changes in the means of mass communication
and forms of global capitalism. Beginning with Tim Wu's inquiry
into whether the First Amendment is obsolete, Matthew Connelly,
Jack Goldsmith, Kate Klonick, Frederick Schauer, Olivier Sylvain,
and Heather Whitney explore ways to address these dangers and
preserve the essential features of a healthy democracy. Their
conversations with other leading thinkers, including Danielle Keats
Citron, Jelani Cobb, Frank Pasquale, Geoffrey R. Stone, Rebecca
Tushnet, and Kirsten Weld, cross the disciplinary boundaries of
First Amendment law, internet law, media policy, journalism, legal
history, and legal theory, offering fresh perspectives on
fortifying the speech system and reinvigorating the public square.
Today, transparency is a widely heralded value, and the U.S.
Freedom of Information Act (FOIA) is often held up as one of the
transparency movement's canonical achievements. Yet while many view
the law as a powerful tool for journalists, activists, and ordinary
citizens to pursue the public good, FOIA is beset by massive
backlogs, and corporations and the powerful have become adept at
using it for their own interests. Close observers of laws like FOIA
have begun to question whether these laws interfere with good
governance, display a deleterious anti-public-sector bias, or are
otherwise inadequate for the twenty-first century's challenges.
Troubling Transparency brings together leading scholars from
different disciplines to analyze freedom of information policies in
the United States and abroad-how they are working, how they are
failing, and how they might be improved. Contributors investigate
the creation of FOIA; its day-to-day uses and limitations for the
news media and for corporate and citizen requesters; its impact on
government agencies; its global influence; recent alternatives to
the FOIA model raised by the emergence of "open data" and other
approaches to transparency; and the theoretical underpinnings of
FOIA and the right to know. In addition to examining the mixed
legacy and effectiveness of FOIA, contributors debate how best to
move forward to improve access to information and government
functioning. Neither romanticizing FOIA nor downplaying its real
and symbolic achievements, Troubling Transparency is a timely and
comprehensive consideration of laws such as FOIA and the larger
project of open government, with wide-ranging lessons for
journalism, law, government, and civil society.
Today, transparency is a widely heralded value, and the U.S.
Freedom of Information Act (FOIA) is often held up as one of the
transparency movement's canonical achievements. Yet while many view
the law as a powerful tool for journalists, activists, and ordinary
citizens to pursue the public good, FOIA is beset by massive
backlogs, and corporations and the powerful have become adept at
using it for their own interests. Close observers of laws like FOIA
have begun to question whether these laws interfere with good
governance, display a deleterious anti-public-sector bias, or are
otherwise inadequate for the twenty-first century's challenges.
Troubling Transparency brings together leading scholars from
different disciplines to analyze freedom of information policies in
the United States and abroad-how they are working, how they are
failing, and how they might be improved. Contributors investigate
the creation of FOIA; its day-to-day uses and limitations for the
news media and for corporate and citizen requesters; its impact on
government agencies; its global influence; recent alternatives to
the FOIA model raised by the emergence of "open data" and other
approaches to transparency; and the theoretical underpinnings of
FOIA and the right to know. In addition to examining the mixed
legacy and effectiveness of FOIA, contributors debate how best to
move forward to improve access to information and government
functioning. Neither romanticizing FOIA nor downplaying its real
and symbolic achievements, Troubling Transparency is a timely and
comprehensive consideration of laws such as FOIA and the larger
project of open government, with wide-ranging lessons for
journalism, law, government, and civil society.
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