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USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First
Amendment right of free speech is a fragile one. Its fragility is
found no less in legal opinions than in other, less specialized
forms of public discourse. Both its fragility and its sometimes
surprising resiliency are reflected in this book. It provides an
examination of how the U.S. Supreme Court has dealt with the
problem of restrictions on media coverage of the criminal justice
system, as well as how lower courts have interpreted the law
created by the Supreme Court. The author explores the degree to
which the Court has created a coherent body of law that protects
free expression values while permitting reasonable government
regulation, and examines the Supreme Court's jurisprudence
concerning prior restraints, post-publication sanctions on the
press, and their right of access to criminal proceedings.
In this exceptional volume, Matthew D. Bunker explores the work of contemporary free speech critics and argues that, while at times these critics provide important lessons, many of their conclusions must be rejected. Moreover, Bunker suggests that we be wary of interdisciplinary approaches to free speech theory that--by their very assumptions and techniques--are a poor "fit" with existing free speech theory and doctrine. In his investigation of diverse critiques of free speech theory and his sophisticated rebuttal, he provides an innovative and important examination of First Amendment theory. In doing so, he establishes a new agenda for First Amendment theory scholarship that incorporates some of the critics' insights without abandoning the best aspects of the free speech tradition. COPY FOR MAILER: Distinctive features in this volume include: * an overview of the traditional approaches to First Amendment theory, * an examination of work from key First Amendment scholars and theorists, at both the individual and group level, * an emphasis on interdisciplinarity ranging from femi- nist and critical legal scholars to economists and literary theorists, and * a new agenda for First Amendment theory scholar- ship which incorporates critical comment while pre- serving the best aspects of the free speech tradition.
USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First
Amendment right of free speech is a fragile one. Its fragility is
found no less in legal opinions than in other, less specialized
forms of public discourse. Both its fragility and its sometimes
surprising resiliency are reflected in this book. It provides an
examination of how the U.S. Supreme Court has dealt with the
problem of restrictions on media coverage of the criminal justice
system, as well as how lower courts have interpreted the law
created by the Supreme Court. The author explores the degree to
which the Court has created a coherent body of law that protects
free expression values while permitting reasonable government
regulation, and examines the Supreme Court's jurisprudence
concerning prior restraints, post-publication sanctions on the
press, and their right of access to criminal proceedings.
In this exceptional volume, Matthew D. Bunker explores the work of
contemporary free speech critics and argues that, while at times
these critics provide important lessons, many of their conclusions
must be rejected. Moreover, Bunker suggests that we be wary of
interdisciplinary approaches to free speech theory that--by their
very assumptions and techniques--are a poor "fit" with existing
free speech theory and doctrine. In his investigation of diverse
critiques of free speech theory and his sophisticated rebuttal, he
provides an innovative and important examination of First Amendment
theory. In doing so, he establishes a new agenda for First
Amendment theory scholarship that incorporates some of the critics'
insights without abandoning the best aspects of the free speech
tradition.
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