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A broad explanation of the various dimensions of the problem of
"bad" speech on the internet within the American context. One of
the most fiercely debated issues of this era is what to do about
"bad" speech-hate speech, disinformation and propaganda campaigns,
and incitement of violence-on the internet, and in particular
speech on social media platforms such as Facebook and Twitter. In
Social Media, Freedom of Speech, and the Future of our Democracy,
Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent
cast of contributors-including Hillary Clinton, Amy Klobuchar,
Sheldon Whitehouse, Newt Minow, Cass Sunstein, Jack Balkin, Emily
Bazelon, and others-to explore the various dimensions of this
problem in the American context. They stress how difficult it is to
develop remedies given that some of these forms of "bad" speech are
ordinarily protected by the First Amendment. Bollinger and Stone
argue that it is important to remember that the last time we
encountered major new communications technology-television and
radio-we established a federal agency to provide oversight and to
issue regulations to protect and promote "the public interest."
Featuring a variety of perspectives from some of America's leading
experts on this hotly contested issue, this volume offers new
insights for the future of free speech in the social media era.
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.
Rich in historical detail, "Images of a Free Press" is an elegant,
powerful guide to the evolution of our modern conception of freedom
of the press, which finds expression in laws that protect print
journalism and regulate broadcast media. Bollinger argues that this
distinction remains meaningful but he advocates a more
sophisticated approach to issues of privacy, access, and
technology. Providing concrete guidelines for improving media laws,
"Images of a Free Press" is a vital First Amendment primer for
lawyers, media professionals, and critics, and all concerned
citizens.
""Images of a Free Press" is the natural sequel to Lee Bollinger's
first book, "The Tolerant Society," and is destined to become a
standard in first amendment scholarship."--Rodney A. Smolla,
"Constitutional Commentary"
"Revisiting themes he first explored some fifteen years ago,
Bollinger now adds further to our understanding of the complex
relationship among the First Amendment, the Supreme Court, the
public, the press and the democratic process. This is a work of
insight, sensitivity, and power. Bollinger has a profound knowledge
of and a deep affection for his subject, and it shows."--Geoffrey
R. Stone, "Michigan Law Review"
"This thoughtful, understated book remains a call to come join the
town meeting and hammer out some new rules of order. Scholars and
citizens alike could do well to read Bollinger's book and accept
his challenge."--"Yale Law Review"
"For a number of years, Lee Bollinger has argued that the First
Amendment has been applied differently to the print media than it
has been to the broadcast media. In his new book, "Images of a Free
Press," Bollinger provides a concise, persuasiveaccount of why this
is so--and why it ought to be so."--"Columbia Law Review"
While freedom of speech has been guaranteed us for centuries, the
First Amendment as we know it today is largely a creation of the
past eighty years. "Eternally Vigilant" brings together a group of
distinguished legal scholars to reflect boldly on its past, its
present shape, and what forms our understanding of it might take in
the future.
Contributors:
Lillian R. BeVier
Vincent Blasi
Lee C. Bollinger
Stanley Fish
Owen M. Fiss
R. Kent Greenawalt
Richard A. Posner
Robert C. Post
Frederick Schauer
Geoffrey R. Stone
David A. Strauss
Cass R. Sunstein
A timely defense of affirmative action policies that offers a more
nuanced understanding of how centuries of invidious racism,
discrimination, and segregation in the United States led to and
justifies such policies from both a moral and constitutional
perspective. Since 1961, the issue of "affirmative action" has been
a hotly contested legal and political issue. Intended to address
our nation's often horrifying discrimination against Black
Americans and other minorities, affirmative action has led over the
past sixty years to far greater minority representation across a
vast range of industries, government positions, and academic
institutions. Nonetheless, affirmative action policies in the
United States continue to fall under assault. In A Legacy of
Discrimination, Lee C. Bollinger and Geoffrey R. Stone, two of
America's leading constitutional scholars, trace the policy's
history and the legal challenges it has faced over the decades.
They argue that in order to fully comprehend affirmative action's
original intent and impact, we must re-acquaint ourselves with the
era in which it arose, beginning with the most important Supreme
Court decision of the 20th century, 1954's Brown v. Board of
Education of Topeka, Kansas. Assessing this history, Bollinger and
Stone introduce subsequent, and evolving, affirmative-action case
law that had the intent and effect of constraining social,
educational, and economic progress for Black people and other
minority groups. They demonstrate how and why affirmative action
policies stand on firm legal ground and must remain protected.
Further, they explain why Americans must view affirmative action as
a long-term moral commitment to secure justice, especially for
Black Americans, after three and a half centuries of grave
injustice that violates the most essential aspirations of our
nation. A timely and robust overview of the history of our nation's
historical and continuing racial discrimination and of the advent
of affirmative action as a critical means to address this history,
this book will serve as a powerful defense of a policy that has
accomplished more than most people realize in making America a
fairer and more inclusive country.
This book examines the consequences of the First Amendment to the
United States Constitution. While Americans benefit from its broad
protection of freedom of speech, they also suffer from the extremes
which result from interpretation of the same amendment. Bollinger
provides a masterly critique of the major theories of freedom of
expression, finding them persuasive but inadequate. Buttressing his
argument with references to many specific cases, as well as with
careful analysis of the primary literature on free speech, he
contends that the real value of toleration of extremist speech lies
in the extraordinary self-control toward antisocial behaviour that
it elicits: society is strenthened by the exercise of tolerance.
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