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Traditionally, the university or college is thought to be the
ultimate location for the discovery and sharing of knowledge. After
all, on these campuses are some of the great minds across all
fields, as well as students who are not only eager to learn, but
who often contribute to our shared wisdom. For those ideals to be
achieved, however, ideas require access to some kind of virtual
marketplace from which people can sample and consider them, discuss
and debate them. Restricting the expression of those ideas for
whatever reason is the enemy of not only this process, but also of
knowledge discovery. Speech freedom on our college and university
campuses, like everywhere else, is fragile. There are those who
wish to suppress it, more often than not when the words express
ideas, opinions, and even facts that conflict with their beliefs.
Why is this effort, so completely at odds with the foundational
values of this country, made? This topic explored in Speech Freedom
on Campus: Past, Present and Future is multi-layered, and its
analysis is best accomplished through multiple perspectives. Joseph
Russomanno's edited collection does precisely that, utilizing 10
different scholars to examine various aspects and issues related to
speech freedom on campus.
Traditionally, the university or college is thought to be the
ultimate location for the discovery and sharing of knowledge. After
all, on these campuses are some of the great minds across all
fields, as well as students who are not only eager to learn, but
who often contribute to our shared wisdom. For those ideals to be
achieved, however, ideas require access to some kind of virtual
marketplace from which people can sample and consider them, discuss
and debate them. Restricting the expression of those ideas for
whatever reason is the enemy of not only this process, but also of
knowledge discovery. Speech freedom on our college and university
campuses, like everywhere else, is fragile. There are those who
wish to suppress it, more often than not when the words express
ideas, opinions, and even facts that conflict with their beliefs.
Why does an effort so completely at odds with the foundational
values of this country happen? This topic explored in Speech
Freedom on Campus: Past, Present and Future is multi-layered, and
its analysis is best accomplished through multiple perspectives.
Joseph Russomanno's edited collection does precisely that,
utilizing 10 different scholars to examine various aspects and
issues related to speech freedom on campus.
In a stinging dissent to a 1961 Supreme Court decision that allowed
the Illinois state bar to deny admission to prospective lawyers if
they refused to answer political questions, Justice Hugo Black
closed with the memorable line, "We must not be afraid to be free."
Black saw the First Amendment as the foundation of American
freedom--the guarantor of all other Constitutional rights. Yet
since free speech is by nature unruly, people fear it. The impulse
to curb or limit it has been a constant danger throughout American
history.
In We Must Not Be Afraid to Be Free, Ron Collins and Sam Chaltain,
two noted free speech scholars and activists, provide authoritative
and vivid portraits of free speech in modern America. The authors
offer a series of engaging accounts of landmark First Amendment
cases, including bitterly contested cases concerning loyalty oaths,
hate speech, flag burning, student anti-war protests, and
McCarthy-era prosecutions. The book also describes the colorful
people involved in each case--the judges, attorneys, and
defendants--and the issues at stake. Tracing the development of
free speech rights from a more restrictive era--the early twentieth
century--through the Warren Court revolution of the 1960s and
beyond, Collins and Chaltain not only cover the history of a
cherished ideal, but also explain in accessible language how the
law surrounding this ideal has changed over time.
Essential for anyone interested in this most fundamental of our
rights, We Must Not Be Afraid to Be Free provides a definitive and
lively account of our First Amendment and the price courageous
Americans have paid to secure them.
In this innovative book, the authors persuasively argue that the
First Amendment to the Constitution has risen in the late twentieth
century, like an ill guided individual with knife in hand, to
murder a longstanding tradition of fine and meaningful discourse in
the United States. We are bombarded with the cacophony of
advertisement, the luridity of pornography, and the pointlessness
of prime timepoor substitutes for intelligent consideration of
ideas. }In this innovative book, the authors persuasively argue
that the First Amendment to the Constitution has risen in the late
twentieth century, like an ill-guided individual with knife in
hand, to murder a long-standing tradition of fine and meaningful
discourse in the United States. What has died is the essential kind
of political discourse which promotes democracy; informs citizens;
enlivens debate; and carries reason, method, and purpose. Instead,
we are bombarded with the cacophony of advertisement, the luridity
of pornography, and the pointlessness of prime time.With satirical
spirit and wityet to a very serious purpose the narrative of this
lively study calls upon many of the very tricks it criticizes. The
text is augmented by amusing tales, poetry, tv zaps, eyebites, and
boxes of aphorisms resonating between high and low culture, between
Plato and Geraldo and Madonna and Mahler to make its points, the
discussion reveals how discourse in contemporary America has lost
its integrity and its soul.
In this innovative book, the authors persuasively argue that the
First Amendment to the Constitution has risen in the late twentieth
century, like an ill guided individual with knife in hand, to
murder a longstanding tradition of fine and meaningful discourse in
the United States. We are bombarded with the cacophony of
advertisement, the luridity of pornography, and the pointlessness
of prime timepoor substitutes for intelligent consideration of
ideas. }In this innovative book, the authors persuasively argue
that the First Amendment to the Constitution has risen in the late
twentieth century, like an ill-guided individual with knife in
hand, to murder a long-standing tradition of fine and meaningful
discourse in the United States. What has died is the essential kind
of political discourse which promotes democracy; informs citizens;
enlivens debate; and carries reason, method, and purpose. Instead,
we are bombarded with the cacophony of advertisement, the luridity
of pornography, and the pointlessness of prime time.With satirical
spirit and wityet to a very serious purpose the narrative of this
lively study calls upon many of the very tricks it criticizes. The
text is augmented by amusing tales, poetry, tv zaps, eyebites, and
boxes of aphorisms resonating between high and low culture, between
Plato and Geraldo and Madonna and Mahler to make its points, the
discussion reveals how discourse in contemporary America has lost
its integrity and its soul.
In every era of communications technology - whether print, radio,
television, or Internet - some form of government censorship
follows to regulate the medium and its messages. Today we are
seeing the phenomenon of 'machine speech' enhanced by the
development of sophisticated artificial intelligence. Ronald K. L.
Collins and David M. Skover argue that the First Amendment must
provide defenses and justifications for covering and protecting
robotic expression. It is irrelevant that a robot is not human and
cannot have intentions; what matters is that a human experiences
robotic speech as meaningful. This is the constitutional
recognition of 'intentionless free speech' at the interface of the
robot and receiver. Robotica is the first book to develop the legal
arguments for these purposes. Aimed at law and communication
scholars, lawyers, and free speech activists, this work explores
important new problems and solutions at the interface of law and
technology.
No figure stands taller in the world of First Amendment law than
Oliver Wendell Holmes, Jr. This is the first anthology of Justice
Holmes's writings, speeches and opinions concerning freedom of
expression. The book contains eight original essays designed to
situate Holmes's works in historical and biographical context. The
volume is enriched by extensive commentaries concerning its many
entries, which consist of letters, speeches, book excerpts,
articles, state court opinions and U.S. Supreme Court opinions. The
edited materials - spanning Holmes's 1861-1864 service in the Civil
War to his 1931 radio address to the nation - offer a unique view
of the thoughts of the father of the modern First Amendment. The
book's epilogue, which includes a major discovery about Holmes's
impact on American statutory law, explores Holmes's free speech
legacy. In the process, the reader comes to know Holmes and his
jurisprudence of free speech as never before.
America values dissent. It tolerates, encourages and protects it.
But what is this thing we value? That is a question never asked.
'Dissent' is treated as a known fact. For all that has been said
about it - in books, articles, judicial opinions, and popular
culture - it is remarkable that no one has devoted much, if any,
ink to explaining what dissent is. No one has attempted to sketch
its philosophical, linguistic, legal or cultural meanings or
usages. There is a need to develop some clarity about this
phenomenon, for not every difference of opinion, symbolic gesture,
public activity in opposition to government policy, incitement to
direct action, revolutionary effort or political assassination need
be tagged dissent. In essence, we have no conceptual yardstick. It
is just that measure of meaning that On Dissent offers.
No figure stands taller in the world of First Amendment law than
Oliver Wendell Holmes, Jr. This is the first anthology of Justice
Holmes's writings, speeches and opinions concerning freedom of
expression. The book contains eight original essays designed to
situate Holmes's works in historical and biographical context. The
volume is enriched by extensive commentaries concerning its many
entries, which consist of letters, speeches, book excerpts,
articles, state court opinions and U.S. Supreme Court opinions. The
edited materials - spanning Holmes's 1861-1864 service in the Civil
War to his 1931 radio address to the nation - offer a unique view
of the thoughts of the father of the modern First Amendment. The
book's epilogue, which includes a major discovery about Holmes's
impact on American statutory law, explores Holmes's free speech
legacy. In the process, the reader comes to know Holmes and his
jurisprudence of free speech as never before.
In every era of communications technology - whether print, radio,
television, or Internet - some form of government censorship
follows to regulate the medium and its messages. Today we are
seeing the phenomenon of 'machine speech' enhanced by the
development of sophisticated artificial intelligence. Ronald K. L.
Collins and David M. Skover argue that the First Amendment must
provide defenses and justifications for covering and protecting
robotic expression. It is irrelevant that a robot is not human and
cannot have intentions; what matters is that a human experiences
robotic speech as meaningful. This is the constitutional
recognition of 'intentionless free speech' at the interface of the
robot and receiver. Robotica is the first book to develop the legal
arguments for these purposes. Aimed at law and communication
scholars, lawyers, and free speech activists, this work explores
important new problems and solutions at the interface of law and
technology.
There is no book of political strategy more canonical than Niccolo
Machiavelli's The Prince, but few ethicists would advise
policymakers to treat it as a bible. The lofty ideals of the law,
especially, seem distant from the values that the word
"Machiavellian" connotes, and judges are supposed to work above the
realm of politics. In The Judge, however, Ronald Collins and David
Skover argue that Machiavelli can indeed speak to judges, and model
their book after The Prince. As it turns out, the number of people
who think that judges in the U.S. are apolitical has been shrinking
for decades. Both liberals and conservatives routinely criticize
their ideological opponents on the bench for acting politically.
Some authorities even posit the impossibility of apolitical judges,
and indeed, in many states, judicial elections are partisan. Others
advocate appointing judges who are committed to being dispassionate
referees adhering to the letter of the law. However, most legal
experts, regardless of their leanings, seem to agree that despite
widespread popular support for the ideal of the apolitical judge,
this ideal is mere fantasy. This debate about judges and politics
has been a perennial in American history, but it intensified in the
1980s, when the Reagan administration sought to place originalists
in the Supreme Court. It has not let up since. Ronald Collins and
David Skover argue that the debate has become both stale and
circular, and instead tackle the issue in a boldly imaginative way.
In The Judge, they ask us to assume that judges are political, and
that they need advice on how to be effective political actors.
Their twenty-six chapters track the structure of The Prince, and
each provides pointers to judges on how to cleverly and subtly
advance their political goals. In this Machiavellian vision, law is
inseparable from realpolitik. However, the authors' point isn't to
advocate for this coldly realistic vision of judging. There
ultimate goal is identify both legal realists and originalists as
what they are: explicitly political (though on opposite ends of the
ideological spectrum). Taking its cues from Machiavelli, The Judge
describes what judges actually do, not what they ought to do.
On April 2, 2014, the U.S. Supreme Court struck down aggregate
limits on how much money individuals could contribute to political
candidates, parties, and committees. The McCutcheon v. FEC decision
fundamentally changes how people (and corporations, thanks to
Citizens United) can fund campaigns, opening the floodgates for
millions of dollars in new spending, which had been curtailed by
campaign finance laws going back to the early 1970s. WHEN MONEY
SPEAKS is the definitive-and the first-book to explain and dissect
the Supreme Court's controversial ruling in McCutcheon, including
analysis of the tumultuous history of campaign finance law in the
U.S. and the new legal and political repercussions likely to be
felt from the Court's decision. McCutcheon has been billed as "the
sequel to Citizens United," the decision giving corporations the
same rights as individuals to contribute to political campaigns.
Lauded by the Right as a victory for free speech, and condemned by
the Left as handing the keys of our government over to the rich and
powerful, the Court's ruling has inflamed a debate that is not
going away anytime soon, with calls for new laws and even a
constitutional amendment on the Left-while many on the Right
(including Justice Clarence Thomas in his concurring opinion) call
for an end to all contribution limits. Two of the nation's top
First Amendment scholars-Ronald Collins and David Skover-have
produced a highly engaging, incisive account of the case, including
exclusive interviews with petitioner Shaun McCutcheon and other key
players, as well as an eye-opening history of campaign finance law
in the U.S.
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