Free Speech As Civic Structure

This book examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular national legal system. The author argues that, across jurisdictions, text or its absence will serve merely as a starting point for judicial efforts to protect speech activity.

The Advanced Introduction to Freedom of Expression provides an overview of major issues in the doctrinal structure of a law of freedom of expression, relevant to discussions of freedom of expression under many national constitutions. Assuming familiarity with basic theories of free expression, this book addresses the implications of reasonable disagreement between legislatures and courts about whether a specific measure violates freedom of expression, the implications of the fundamental proposition that speech can cause harm, the distinction between the coverage of freedom of expression and the protections it affords, and the appropriate doctrinal forms when speech is said to conflict with other rights such as equality, or merely other social interests. The book will be of interest to anyone, including students, teachers, researchers and policymakers wanting to learn more about the freedom of expression and the law.

Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. "Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne." --JOHN P. FRANK, Texas Law Review 27:405-412. ALEXANDER MEIKLEJOHN [1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin- Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963.

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.

Expression in Contested Public Spaces: Free Speech and Civic Engagement addresses how people express themselves and their differences, in ways that amplify the many voices central to the mission of democracy. This book investigates in what ways and in what discursive forms people interrupt the status quo or unjust practices to advance positive social change. The chapters feature research activity, engaged scholarship, and creative expression to boldly frame the issues of free speech—amid attempts to chill and silence expressions of dissent—in order to demonstrate how community organizers, activists, and scholars use their voices to advance peace and justice befitting the human condition. Scholars and students of communication and the social sciences will find this book particularly interesting.

Drawing from multiple scholarly fields, Kenyon examines free speech's positive dimensions of enablement and how they can be pursued.

Freedom of speech is never very far away from political controversy. In recent years, the rise of populism, the ‘cancel culture’ phenomenon, and online hate attacks are among the developments that have kept it at the forefront of both public and academic discussion. In this new introduction to the subject, Matteo Bonotti and Jonathan Seglow offer an accessible analysis of debates around freedom of speech. They introduce and critically examine three major philosophical arguments for freedom of speech that are based on the values of truth, autonomy, and democracy. They apply these arguments to issues including hate speech, offensive speech, and pornography, and also tackle pressing current issues such as ‘fake news’ and public shaming. This book will be essential for anyone wishing to understand the contemporary significance and philosophical roots of free speech, and how it relates to debates about democracy, feminism and multiculturalism.

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