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Emma Goldman's Supreme Court appeal occurred during a transitional
point for First Amendment law, as justices began incorporating
arguments related to free expression into decisions on espionage
and sedition cases. This project analyzes the communications that
led to her arrest-writings in Mother Earth, a mass-mailed
manifesto, and speeches related to compulsory military service
during World War I-as well as the ensuing legal proceedings and
media coverage. The authors place Goldman's Supreme Court appeal in
the context of the more famous Schenck and Abrams trials to
demonstrate her place in First Amendment history while providing
insight into wartime censorship and the attitude of the mainstream
press toward radical speech.
During the first part of the twenty-first century, bloggers,
citizen journalists, social media users, Yelp reviewers, and a
myriad of other communicators have found themselves facing
defamation, privacy, campaign finance, and other lawsuits as a
result of the messages they have communicated. In many ways, these
communicators are facing legal questions that are similar to what
traditional journalists have faced for centuries regarding their
rights to gather and publish information. This book examines how
the press clause, a First Amendment freedom with no agreed-upon
definition, can be understood in order to help guide the courts and
twenty-first-century publishers regarding protecting expression as
we move into the fourth wave of networked communication, an era
that will be defined by increasingly complex relationships between
humans and artificially intelligent communicators. To do so, the
book draws upon the discourse theory of communication in democratic
society, the legal and foundational history of the press clause,
lower-court cases that involve citizen publishers who have claimed
protections that have historically been associated with traditional
journalism, and established legal and scholarly examinations of
artificial intelligence to ultimately construct a framework for how
the press clause can be reimagined to protect older and newer
generations of publishers.
Emma Goldman's Supreme Court appeal occurred during a transitional
point for First Amendment law, as justices began incorporating
arguments related to free expression into decisions on espionage
and sedition cases. This project analyzes the communications that
led to her arrest-writings in Mother Earth, a mass-mailed
manifesto, and speeches related to compulsory military service
during World War I-as well as the ensuing legal proceedings and
media coverage. The authors place Goldman's Supreme Court appeal in
the context of the more famous Schenck and Abrams trials to
demonstrate her place in First Amendment history while providing
insight into wartime censorship and the attitude of the mainstream
press toward radical speech.
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