Critiquing Free Speech

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.

This volume interrogates settled ways of thinking about the seemingly interminable conflict between religious and secular values in our world today. What are the assumptions and resources internal to secular conceptions of critique that help or hinder our understanding of one of the most pressing conflicts of our times? Taking as their point of departure the question of whether critique belongs exclusively to forms of liberal democracy that define themselves in opposition to religion, these authors consider the case of the “Danish cartoon controversy” of 2005. They offer accounts of reading, understanding, and critique for offering a way to rethink conventional oppositions between free speech and religious belief, judgment and violence, reason and prejudice, rationality and embodied life. The book, first published in 2009, has been updated for the present edition with a new Preface by the authors.

This monograph addresses free speech, arguing that, while interdisciplinary approaches can be useful, legal scholars must avoid distorting issues by using vocabularies and tools that do not reflect complexities of 1st Amendment.

The United States Bill of Rights was groundbreaking in providing constitutional recognition to freedom of speech. In the past century the Supreme Court has decided hundreds of cases concerning free speech, providing an established system of jurisprudence to analyze free speech cases. This book explains the development in the US case law and compares it to developments in similar jurisdictions such as Canada, Australia, and the United Kingdom, and Europe. Anthony Gray critiques the jurisprudence of each nation studied, while noting some important similarities and differences in terms of how free speech is protected in the Western world, what causes these differences, what one system might learn from others, and whether convergence in approach can be expected.

Sometimes when I listen to Michael Hyatt, Chris LoCurto and other motivational speakers, I feel empowered. Other times when I listen to them, I scratch my head. What to do; what to do? Take the good and leave the rest! 27 pages; 25 poems.

Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation. -- Akhil Amar, Southmayd Professor, Yale Law School This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy. -- Joshua Cohen, Massachusetts Institute of Technology How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject. -- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University

This book provides a readable and comprehensive overview of the history, theory, law, and current debates over freedom of speech.

The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism's traditional ideal of a 'marketplace of ideas' facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.