Free Speech On Trial

Author: Richard A. Parker
Publisher: University of Alabama Press
ISBN: 081735025X
Size: 37.56 MB
Format: PDF, ePub
View: 2926
Download Read Online
Essays by twenty legal communication scholars consider the eligibility of free speech and the issues associated with its protection, in a collection that considers such topics as unregulated speech and the free market, the concept of obscenity as expression, symbolic language, and the consequences of pre-publication restraint. Simultaneous. (Politics & Government)

Trotskyists On Trial

Author: Donna T. Haverty-Stacke
Publisher: NYU Press
ISBN: 1479849626
Size: 46.40 MB
Format: PDF, ePub
View: 5639
Download Read Online
Passed in June 1940, the Smith Act was a peacetime anti-sedition law that marked a dramatic shift in the legal definition of free speech protection in America by criminalizing the advocacy of disloyalty to the government by force. It also criminalized the acts of printing, publishing, or distributing anything advocating such sedition and made it illegal to organize or belong to any association that did the same. It was first brought to trial in July 1941, when a federal grand jury in Minneapolis indicted twenty-nine Socialist Workers Party members, fifteen of whom also belonged to the militant Teamsters Local 544. Eighteen of the defendants were convicted of conspiring to overthrow the government. Examining the social, political, and legal history of the first Smith Act case, this book focuses on the tension between the nation’s cherished principle of free political expression and the demands of national security on the eve of America’s entry into World War II. Based on newly declassified government documents and recently opened archival sources, Trotskyists on Trial explores the implications of the case for organized labor and civil liberties in wartime and postwar America. The central issue of how Americans have tolerated or suppressed dissent during moments of national crisis is not only important to our understanding of the past, but also remains a pressing concern in the post-9/11 world. This volume traces some of the implications of the compromise between rights and security that was made in the mid-twentieth century, offering historical context for some of the consequences of similar bargains struck today.

Campus Hate Speech On Trial

Author: Timothy C. Shiell
Publisher: Univ Pr of Kansas
ISBN:
Size: 19.35 MB
Format: PDF, Docs
View: 4107
Download Read Online
Ten years after publication of the first edition of Timothy Shiell's pathbreaking study, restrictions on faculty and student speech on college campuses continue to be hotly contested in the mainstream media, on the internet, in the journals of academic disciplines, in courtrooms, classrooms, and chatrooms. This revised edition adds substantial new material that updates cases and conflicts during the past decade, expands the original's coverage of the relevant literature, and dramatically reinforces Shiell's original argument. In the first edition Shiell noted that, despite commitments to free speech and the open exchange of ideas, American colleges and universities had increasingly ignored such principles by implementing numerous hate speech codes designed to protect students from racial, sexual, and other forms of harassment. Taking their cue from Title VII of the Civil Rights Act, which guarantees the right to a nonhostile workplace environment, those regulations had posed seemingly unresolvable conflicts between the ideals of free speech and equal protection. Shiell explored both sides of the fiery debate over campus hate speech codes to bring out their philosophical and legal underpinnings, clarifying classic free speech arguments as well as the ideas of harm and hostile environment, and analyzing numerous case histories. Pointing out that Title VII wasn't meant to apply to academia, Shiell also encouraged readers to consider the role of the courts in eliminating prejudice in this setting and presented a strong argument for the form the codes themselves should ideally take. The new edition adds substantial new material on developments concerning the Deterrence Argument, the hostileenvironment approach, new judicial decisions, and the International Argument. It also updates the comprehensive bibliography and list of legal decisions, significantly increasing the value of both for scholars and policymakers alike. Shiell eloquently makes the case that campus speech codes--no matter how well grounded in history, law, or philosophy--have tended to be overbroad, arbitrarily enforced, and used selectively to protect only certain groups at the expense of others. For that reason especially, his book will continue to challenge academics and general readers to reconsider how we deal with this important issue.

Fighting Faiths

Author: Richard Polenberg
Publisher: Cornell University Press
ISBN: 9780801486180
Size: 66.66 MB
Format: PDF, ePub, Docs
View: 3728
Download Read Online
Jacob Abrams et al. v. United States is the landmark Supreme Court case in the definition of free speech. Although the 1918 conviction of four Russian Jewish anarchists—for distributing leaflets protesting America's intervention in the Russian revolution—was upheld, Justice Oliver Wendell Holmes's dissenting opinion (with Justice Louis Brandeis) concerning "clear and present danger" has proved the touchstone of almost all subsequent First Amendment theory and litigation.In Fighting Faiths, Richard Polenberg explores the causes and characters of this dramatic episode in American history. He traces the Jewish immigrant experience, the lives of the convicted anarchists before and after the trials, the careers of the major players in the court cases—men such as Holmes, defense attorney Harry Weinberger, Southern Judge Henry DeLamar Clayton, Jr., and the young J. Edgar Hoover—and the effects of this important case on present-day First Amendment rights.

The Taming Of Free Speech

Author: Laura Weinrib
Publisher: Harvard University Press
ISBN: 0674545710
Size: 70.52 MB
Format: PDF, Mobi
View: 1162
Download Read Online
Laura Weinrib shows how a coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. Protection of civil liberties was a calculated bargain between liberals and conservatives to save the courts from New Deal attack and secure free speech for both labor radicals and businesses.

Turkey Writers Politics And Free Speech

Author: David Hayes
Publisher: Lulu.com
ISBN: 1430315709
Size: 13.98 MB
Format: PDF, Docs
View: 2436
Download Read Online
Hrant Dink (1954'2007) was the Armenian-Turkish editor-in-chief and columnist of the bilingual newspaper Agos. A journalist consistent and courageous in his efforts to speak the truth, defend justice and human rights, and promote understanding, he was a key figure in democratic dialogue in Turkey and beyond. On 19 January 2007, Hrant was assassinated by an ultra-nationalist Turk outside the Agos offices in Istanbul. This book is both a tribute to Hrant's life and a commitment to continuing his work. It contains a collection of essays and articles from 2001'07 published in www.openDemocracy.net on the topics of Turkish identity, democracy and free speech, including three articles by Hrant himself. Together, these writings offer valuable insight from into the dynamics of modern Turkey as the country grapples with political and social change, a difficult relationship with the European Union, and struggles over the truth and meanings of the past.

Free Speech And Democracy In Ancient Athens

Author: Arlene W. Saxonhouse
Publisher: Cambridge University Press
ISBN: 9781139447423
Size: 38.69 MB
Format: PDF, Mobi
View: 385
Download Read Online
This book illuminates the distinctive character of our modern understanding of the basis and value of free speech by contrasting it with the very different form of free speech that was practised by the ancient Athenians in their democratic regime. Free speech in the ancient democracy was not a protected right but an expression of the freedom from hierarchy, awe, reverence and shame. It was thus an essential ingredient of the egalitarianism of that regime. That freedom was challenged by the consequences of the rejection of shame (aidos) which had served as a cohesive force within the polity. Through readings of Socrates's trial, Greek tragedy and comedy, Thucydides's History, and Plato's Protagoras this volume explores the paradoxical connections between free speech, democracy, shame, and Socratic philosophy and Thucydidean history as practices of uncovering.

Howl On Trial

Author: Bill Morgan
Publisher: City Lights Books
ISBN: 9780872864795
Size: 31.63 MB
Format: PDF, Docs
View: 3230
Download Read Online
Letters, press reports, excerpts from the trial transcript and decision, and other texts document the 1957 obscenity trial of San Francisco beat poet Allen Ginsburg and looks at censorship in the United States and the battle against it.