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Book
xi, 139 p. ; 25 cm.
  • Part 1 Preliminaries: a definition of censorship-- forms and methods-- three aspects of free speech-- areas of restriction-- justifications-- unity of purpose. Part 2 Criticisms of censorship: the needs of truth-- the arbitrary and capricious nature of censorship-- paternalism, interference and human dignity-- the social benefits of free speech. Part 3 Philosophical connections: the restrictions of education-- equality and paternalism-- the adult's claim to free speech-- free speech as an absolute right-- freedom of expression and freedom of thought-- free speech as a guarantee of other freedoms-- free speech and the human spirit-- free speech and rationality-- censorship and privacy. Part 4 Social order: the necessary limits to free speech-- individual and society-- the needs of social order-- the enduring presence of restrictions-- censorship in society.
  • (source: Nielsen Book Data)9780754621270 20160527
A selective view of the relationship of censorship and free speech to the individual and society. The author does not take for granted that censorship is wrong, but equally what he has written is in no way an apology for censorship. He offers no solution to the problem of the proper extent of censorship in a society. Instead, he hopes to show that censorship, and more widely, other restrictions on freedom, cannot be considered in a self-contained way but have implications of which the advocate of unrestricted freedom for the individual in matters of opinion seems surprisingly unaware.
(source: Nielsen Book Data)9780754621270 20160527
Law Library (Crown)
Book
xi, 139 p. ; 22 cm.
  • Part 1 Preliminaries: a definition of censorship-- forms and methods-- three aspects of free speech-- areas of restriction-- justifications-- unity of purpose. Part 2 Criticisms of censorship: the needs of truth-- the arbitrary and capricious nature of censorship-- paternalism, interference and human dignity-- the social benefits of free speech. Part 3 Philosophical connections: the restrictions of education-- equality and paternalism-- the adult's claim to free speech-- free speech as an absolute right-- freedom of expression and freedom of thought-- free speech as a guarantee of other freedoms-- free speech and the human spirit-- free speech and rationality-- censorship and privacy. Part 4 Social order: the necessary limits to free speech-- individual and society-- the needs of social order-- the enduring presence of restrictions-- censorship in society.
  • (source: Nielsen Book Data)9780754621270 20160527
A selective view of the relationship of censorship and free speech to the individual and society. The author does not take for granted that censorship is wrong, but equally what he has written is in no way an apology for censorship. He offers no solution to the problem of the proper extent of censorship in a society. Instead, he hopes to show that censorship, and more widely, other restrictions on freedom, cannot be considered in a self-contained way but have implications of which the advocate of unrestricted freedom for the individual in matters of opinion seems surprisingly unaware.
(source: Nielsen Book Data)9780754621270 20160527
Green Library
Book
292 p. ; 21 cm.
  • A tale of two reviews
  • Anthony Lewis's freedom for the thought we hate
  • Why call hate speech group libel?
  • What does a well-ordered society look like
  • Protecting dignity or protection from offense?
  • Ed Baker and the autonomy argument
  • Ronald Dworkin and the legitimacy argument
  • Toleration and calumny.
Every liberal democracy has laws or codes against hate speech - except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense - by depicting a religious leader as a terrorist in a newspaper cartoon, for example - is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
(source: Nielsen Book Data)9780674065895 20160614
Green Library
Book
vi, 292 p. ; 21 cm.
  • Approaching hate speech
  • Anthony Lewis's Freedom for the thought we hate
  • Why call hate speech group libel?
  • The appearance of hate
  • Protecting dignity or protection from offense?
  • C. Edwin Baker and the autonomy argument
  • Ronald Dworkin and the legitimacy argument
  • Toleration and calumny.
Every liberal democracy has laws or codes against hate speech - except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense - by depicting a religious leader as a terrorist in a newspaper cartoon, for example - is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
(source: Nielsen Book Data)9780674065895 20160614
Law Library (Crown)
Book
301 p. ; 23 cm.
Green Library
Book
vi, 231 p. ; 25 cm.
Freedom of speech is important but not absolute. Nearly everyone agree that law should prevent harm, even when that harm is inflicted through words. But how can we reconcile this with the value of freedom of expression? This book offers a principled approach to this vexed problem. Since the contents and the limits of freedom of speech are informed by its moral and political rationales, the discussion begins by considering the main philosophical arguments usually supplied for elevating freedom of speech above other social values. It then develops a framework for analyzing the relationship between speech and harm, and discusses the idea that legal restrictions on speech should be viewpoint-neutral. The book also examines the notion that speech restrictions may be a useful way of both equalizing expressive opportunities in society and remedying discrimination produced through speech acts. Various theoretical threads of the book are then drawn together to culminate in a discussion of one of the most controversial questions confronting modern democratic societies: should racially vilifying speech (hate speech) be prohibited by law? The book is addressed to philosophers of law, political theorists, constitutional lawyers and everyone interested in protecting civil rights.
(source: Nielsen Book Data)9780792355236 20160528
Law Library (Crown)
Book
xii, 304 p. ; 24 cm.
  • Free speech in a world of private power, Frederick Schauer-- rationales for freedom of communication, Tom Campbell-- enfranchising silence - an argument for freedom of speech, Philip Pettit-- importing United States free speech jurisprudence?, Eric Barendt-- racial vilification, psychic harm and affirmative action, Wojciech Sadursksi-- speech acts and unspeakable acts, Rae Langton-- theories of free speech, pornography and sexual equality, Beth Gaze-- representation-reinforcing review - arguments about political advertsing in Australia and the United States, David Tucker-- through the looking glass - the High Court of Australia and the right to political speech, Deborah Z. Cass-- freedom of information and political free speech, Peter Bayne-- the whistleblower versus the organization - who should be protected?. John McMillan-- decentring communication - the dark side of intellectual property, Peter Drahos-- media self-regulation, David Flint.
  • (source: Nielsen Book Data)9781855215429 20160527
Freedom of speech and of the press have long been central rights within democratic polities, but there is little agreement as to their content, scope or justification. These essays take up fundamental issues concerning freedom of communication in general, and some controversial areas as well.
(source: Nielsen Book Data)9781855215429 20160527
Law Library (Crown)
Book
xxix, 702 pages ; 26 cm.
  • James Madison
  • John Stuart Mill
  • Learned hand
  • Oliver Wedell Holmes
  • Louis Brandeis
  • Alexander Meiklejohn
  • The contemporary turn toward individual-centered theories.
This special Concise Edition of the Ideas of the First Amendment casebook provides teaching materials that serve well in settings other than a 3 or 4 hour law school course on the First Amendment, which is what the casebook originally was designed for and continues to be used in. One such setting is a law school seminar on the freedom of speech that focuses on the most important recent cases. A second setting is an introductory undergraduate or journalism school course on the First Amendment. The First Amendment decisions of the Roberts Court represent an unusual teaching opportunity because so many of the majority opinions and the dissents they have provoked are driven by strong views, often brilliantly argued, regarding fundamental principles. For that reason, a basic familiarity with the history of ideas regarding the freedom of speech is an essential predicate for the study of recent developments. This casebook emphasizes both the classic writings on the subject and the richness of argumentation in the contemporary disputes, both of which engage at the level of fundamental principles. This emphasis combined with the book's manageable length makes it more suitable for law school seminars and courses in other departments than First Amendment casebooks that are designed for introductory law school courses.
(source: Nielsen Book Data)9781634599016 20170327
Law Library (Crown)

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