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Video
1 videodisc (approximately 63 min.) : sound, color ; 4 3/4 in.
Law Library (Crown)

2. Freedom of speech [2000]

Book
2 v. ; 25 cm.
  • Volume 1: Part 1 Overview: freedom of speech, Larry Alexander. Part 2 Justificatory theories: a theory of freedom of expression, Thomas Scanlon-- persuasion, autonomy and freedom of expression, David Strauss-- scope of the first amendment, Edwin C. Baker-- the value of free speech, Martin H. Redish-- neutral principles and some first amendment problems, Robert H. Bork-- free speech justifications, Kent Greenawalt-- epistemic paternalism -communication control in law, Alvin I. Goldman-- review essay - the impossibility of a free speech principle, Larry Alexander and Paul Horton-- must speech be special?, Frederick Schauer. Part 3 Focus - action regulated or government reason: flag desecration -a case study in the roles of categorizing and balancing in the first amendment analysis, John Hart Ely-- trouble on tract two -incidental regulations of speech and free speech theory, Larry Alexander-- legal, theory, low value speech, Larry Alexander-- free speech and speaker's intent, Larry Alexander. Volume 2: Part 1 Content and categories: restrictions of speech because of its content - the peculiar case of subject matter, Geoffrey R. Stone-- content regulation and the first amendment, Geoffrey R. Stone-- categories and the first amendment - a play in three acts, Frederick Schauer-- uncoupling free speech, Frederick Schauer. Part 2 The concepts of the public forum and public discourse: between governance and management - the history and theory of the public forum, Robert C. Post-- constitutional concept of public discourse - outrageous opinion, democratic deliberation and Hustler Magazine-v-Falwell, Robert C. Post. Part 3 Insults and incitements: insults and epithets - are they protected speech?, Kent Greenawalt-- racist speech, democracy and the first amendment, Robert C. Post-- banning hate speech and the sticks and stones defence, Larry Alexander-- incitement and freedom of speech, Larry Alexander. Part 4 Speech and the affirmative state: government subsidies and free expression, Martin H. Redish and Daryl I. Kessler-- the Supreme Court comment - principles, institutions and the first amendment, Frederick Schauer.
  • (source: Nielsen Book Data)9781840147711 20160527
This text presents a two-volume collection of theoretical articles on the topic of freedom of speech. The articles have all been written since the early 1970s. The first volume begins with an encyclopaedia entry, functioning as an overview of the topic, and further articles deal with justificatory theories of freedom of speech, the scope of the First Amendment, the value of free speech, communication control in law and society, and what kinds of acts raise freedom of speech concerns. The second volume turns to doctrinal theories, examining insults, incitements and governmental subsidies. Areas addressed include distinctions between content regulations, Robert Post's concepts of the public forum and public discourse and their bearing on free speech doctrine, and the significant arena for free speech controversies in the future.
(source: Nielsen Book Data)9781840147711 20160527
Law Library (Crown)
Book
xx, 326 p. ; 24 cm.
Law Library (Crown)
Book
xx, 326 p. ; 24 cm.
  • Contemporary First Amendment
  • New deal for speech
  • Broadcasting, politics, liberty
  • Does the First Amendment undermine democracy?
  • Political speech and the two-tier First Amendment
  • Discrimination and selectivity : hard cases, especially cross-burning and hate speech
  • More hard cases : pornography, government arts funding, and corporate speech
  • Deliberative democracy
  • Afterword : The future of the First Amendment.
Green Library
Book
xx, 300 p. ; 25 cm.
Law Library (Crown)
Book
xii, 429 p. ; 21 cm.
Green Library
Book
47 p. : ill. ; 20 cm.
SAL1&2 (on-campus shelving)
Book
xii, 429 p. ; 25 cm.
Green Library
Book
xii, 429 p. ; 25 cm.
Law Library (Crown)
Book
274 pages ; 23 cm
Green Library

11. First amendment studies [2013 - ]

Journal/Periodical
volumes ; 25 cm
Law Library (Crown)
Book
xii, 295 pages : illustrations ; 24 cm
  • Introduction / Mary M. Cronin and Sandra Davidson
  • A press ablaze : violent suppression of abolitionist speech, press, petition, and assembly / Lee Jolliffe
  • "Palpable injury" : Abraham Lincoln and press suppression in the Civil War north / David W. Bulla
  • Freedom of the press in a slave society at war : the Confederate Congress and others really did make no law / Debra Reddin van Tuyll
  • Fight, fold, flip, or flee : the Confederate press and enemy occupation, 1861-65 / Debra Reddin van Tuyll, Nancy McKenzie Dupont, and Joseph Hayden
  • Disturbing the public peace : radical and conservative editors in the Reconstruction South / Erika J. Pribanic-Smith
  • The rocky road to truth as a defense : libel construction in the Nineteenth Century / Sandra Davidson
  • Keeping the light under the bushel : laws, mores, and reading / Paulette D. Kilmer
  • No rights for the working man : laboring before the First Amendment had force / Jon Bekken
  • Freedom of expression for women : the fight for suffrage and personal liberty / Lee Jolliffe, Paulette D. Kilmer, and Sandra Davidson
  • The National Defense Association : liberal protector of free speech / Janice R. Wood
  • David v. Massachusetts : expressive conduct and regulated liberty in the Nineteenth Century / Mary M. Cronin.
Most Americans today view freedom of speech as a bedrock of all other liberties, a defining feature of American citizenship. During the nineteenth century, the popular concept of American freedom of speech was still being formed. In An Indispensable Liberty: The Fight for Freedom of Expression in the Nineteenth Century, contributors examine attempts to restrict freedom of speech and the press during and after the Civil War. The nine essays that make up this collection show how, despite judicial, political, and public proclamations of support for freedom of expression, factors like tradition, gender stereotypes, religion, and fear of social unrest often led to narrow judicial and political protection for freedom of expression by people whose views upset the status quo. These views, expressed by abolitionists, suffragists, and labor leaders, challenged rigid cultural mores of the day, and many political and cultural leaders feared that extending freedom of expression to agitators would undermine society. The Civil War intensified questions about the duties and privileges of citizenship. After the war, key conflicts over freedom of expression were triggered by Reconstruction, suffrage, the Comstock Act, and questions about libel. The volume's contributors blend social, cultural, and intellectual history to untangle the complicated strands of nineteenth-century legal thought. By chronicling the development of modern-day notions of free speech, this timely collection offers both a valuable exploration of the First Amendment in nineteenth-century America and a useful perspective on challenges to today's civil liberties.
(source: Nielsen Book Data)9780809334728 20161213
Law Library (Crown)
Book
423 pages ; 24 cm
  • Antisemitismus und Meinungsfreiheit aus theoretischer Sicht
  • Antisemitische Äusserungen, Meinungsfreiheit und deutsches Rechts
  • Meinungsfreiheit und Schutz vor antisemitsichen Äusserungen im Völkerrecht.
Law Library (Crown)
Book
xi, 228 pages ; 24 cm
  • Privacy
  • Justice
  • Race
  • Sex
  • Violence
  • Commerce
  • Democracy
  • Dissent
  • Religion
  • How did we get here?
  • What next?
What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political reasons.
(source: Nielsen Book Data)9781107160965 20170213
Law Library (Crown)
Book
xi, 345 pages : illustrations ; 25 cm
  • Prologue: The Chief Justice
  • The minister
  • The advocate
  • The editors
  • The shoemaker
  • The merchant
  • The silversmith
  • The farmer
  • The planter
  • The framer.
When the Framers of the Constitution developed what we call today the Freedom of Speech, they didn't realize they would be setting a foundation for the American political character we know today - raucous, intemperate, and often mean-spirited. This character is not limited to contemporary political discourse, as we so often assume. Revolutionary Dissent brings alive a world far more complicated than the history we're all familiar with suggests, giving a clear picture of just how imprecise the Framers were about what such freedoms actually meant. Solomon explores through a series of chronological, advancing narratives how Americans employed robust and colourful expression as they debated separation from England and creation of a new system of government. Uninhibited protest provided vital meaning to the First Amendment's guarantees of freedom of speech and presses at a time when legal doctrine offered little protection from government prosecution. Revolutionary Dissent shows that the roots of the careers of satirists like Jon Stewart and Stephen Colbert and pundits like Rush Limbaugh and Keith Olbermann, and the acts of flag burning, draft card destruction, and sit-ins like Occupy Wall Street, lie in the Revolutionary period's inflammatory engravings of Paul Revere, the polemics of Thomas Paine, and the symbol-laden protests again the Stamp Act. This is truly a revelatory work on the history of free expression in America.
(source: Nielsen Book Data)9780230342064 20160830
Law Library (Crown)
Book
xi, 216 p. ; 24 cm.
  • Introduction: Averting two dystopias : an introduction to value democracy
  • The principle of public relevance and democratic persuasion : value democracy's two guiding ideas
  • Publicly justifiable privacy and reflective revision by citizens
  • When the state speaks, what should it say? : democratic persuasion and the freedom of expression
  • Democratic persuasion and state subsidy
  • Religious freedom and the reasons for rights
  • Conclusion: Value democracy at home and abroad.
How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, political theorist Corey Brettschneider proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action - expressive and coercive - Brettschneider contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.
(source: Nielsen Book Data)9780691147628 20160609
Law Library (Crown)
Book
xi, 216 p. : ill ; 24 cm.
  • Acknowledgments ix Introduction Averting Two Dystopias An Introduction to Value Democracy 1 Chapter One The Principle of Public Relevance and Democratic Persuasion Value Democracy's Two Guiding Ideas 24 Chapter Two Publicly Justifiable Privacy and Reflective Revision by Citizens 51 Chapter Three When the State Speaks, What Should It Say? Democratic Persuasion and the Freedom of Expression 71 Chapter Four Democratic Persuasion and State Subsidy 109 Chapter Five Religious Freedom and the Reasons for Rights 142 Conclusion Value Democracy at Home and Abroad 168 Notes 175 Bibliography 199 Index 207.
  • (source: Nielsen Book Data)9780691147628 20160609
How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, political theorist Corey Brettschneider proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action - expressive and coercive - Brettschneider contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.
(source: Nielsen Book Data)9780691147628 20160609
Green Library
Book
xxii, 330 p. ; 22 cm.
Winner of Polemic of the Year at the 2013 Political Book Awards. After the fall of the Berlin Wall, the collapse of Communism, and the advent of the Web which allowed for even the smallest voice to be heard, everywhere you turned you were told that we were living in an age of unparalleled freedom. You Can't Read This Book argues that this view is dangerously naive. From the revolution in Iran that wasn't, to the Great Firewall of China and the imposition of super-injunctions from the filthy rich protecting their privacy, the traditional opponents of freedom of speech - religious fanaticism, plutocratic power and dictatorial states - are thriving, and in many respects finding the world a more comfortable place in the early 21st century than they did in the late 20th. This is not an account of interesting but trivial disputes about freedom of speech: the rights and wrongs of shouting 'fire' in a crowded theatre, of playing heavy metal at 3 am in a built-up area or articulating extremist ideas in a school or university. Rather, this is a story that starts with the cataclysmic reaction of the Left and Right to the publication and denunciation of the Satanic Verses in 1988 that saw them jump into bed with radical extremists. It ends at the juncture where even in the transgressive, liberated West, where so much blood had been spilt for Freedom, where rebellion is the conformist style and playing the dissenter the smart career move in the arts and media, you can write a book and end up destroyed or dead.
(source: Nielsen Book Data)9780007308903 20160608
Green Library
Book
xxv, 227 p. ; 23 cm.
  • Introduction: Freedom of speech : contemporary issues and a history / Elizabeth Powers
  • Libertas philosophandi in the eighteenth century : radical enlightenment versus moderate enlightenment (1750-1776) / Jonathan I. Israel
  • In praise of moderate enlightenment : a taxonomy of early moderate arguments in favor of freedom of expression / Joris van Eijnatten
  • Cynicism as an ideology behind freedom of expression in Denmark-Norway / John Christian Laursen
  • Alexander Radishchev's Journey from St. Petersburg to Moscow and the limits of freedom of speech in the reign of Catherine the Great / Douglas Smith
  • Print versus speech : censoring the stage in eighteenth century Vienna / Paula Sutter Fichtner
  • The crisis of the Hispanic world : tolerance and the limits of freedom of expression in a Catholic society / Javier Fernández Sebastián
  • Rousseau, Constant, and the emergence of the modern notion of speech / Helena Rosenblatt
  • Toward an archaeology of the First Amendment's free speech protections / Lee Morrissey
  • Conclusion: A way forward? / Elizabeth Powers.
The essays in this volume portray the debates concerning freedom of speech in eighteenth-century France and Britain as well as in Austria, Denmark, Russia, and Spain and its American territories. Representing the views of both moderate and radical eighteenth-century thinkers, these essays by eminent scholars discover that twenty-fi rst-century controversies regarding the extent of permissible speech have their origins in the eighteenth century. The economic integration of Europe and its offshoots over the past three centuries into a distinctive cultural product, "the West, " has given rise to a triumphant Enlightenment narrative of universalism and tolerance that masks these divisions and the disparate national contributions to freedom of speech and other liberal rights.
(source: Nielsen Book Data)9781611483857 20160606
The essays in this volume portrays the public debates concerning freedom of speech in the 18th century in France and Britain as well as Austria, Denmark, Russia, and Spain and its American territories. The economic integration of Europe and its offshoots over the past three centuries into a distinctive cultural product, 'the West, ' has given rise to a triumphant universalist narrative that masks these disparate national contributions to freedom of speech and other liberal rights.
(source: Nielsen Book Data)9781611483673 20160606
Law Library (Crown)
Book
xxviii, 215 p. ; 24 cm.
  • Free speech and the social technologies of democracy, scientific inquiry and the free market / Richard Barron Parker
  • Hate speech in the marketplace of ideas / Steven P. Lee
  • The "marketplace of ideas" : a siren song for freedom of speech theorists / Jonathan Schonsheck
  • A Kantian conception of free speech / Helga Varden
  • Free speech, equal opportunity, and justice / Alistair M. Macleod
  • Is it immoral to prohibit sexually harassing speech in the classroom? / Thomas Peard
  • The morality of using "nigger" / Rodney C. Roberts
  • Incitement to genocide and the Rwanda media case / Larry May
  • Hijabs and headwraps : the case for tolerance / Anita L. Allen
  • "Conspicuous" religious symbols and laïcité? / Christine T. Sistare
  • When free speech meets free association : the case of the Boy Scouts / Emily R. Gill
  • Oaths and the pledge of allegiance : freedom of expression and the right to be silent / Kenneth Hanley
  • Speaking freely / Wade L. Robinson
  • Social institutions, transgendered lives, and the scope of free expression / Richard Nunan.
The essays in this volume consider issues at the intersection of freedom of expression and racial, cultural, and gender diversity. The claims of those whose cultures and beliefs differ from our own are no longer the exclusive province of diplomats, as the Danish newspaper that published cartoons ridiculing Mohammed quickly learned. Negotiating the claims of freedom of expression as they come into open conflict with a wide diversity of viewpoints, both domestically and internationally, has become an increasingly complex task. The present volume seeks both to provide fresh insight into the philosophical grounds for limiting government restriction of expression and to address current tensions between freedom of expression and pluralism. The suppression of ideas by government is no doubt as old as government itself. Ideas help to keep governments in power, and opposing ideas can help them to lose it. As well, through most of the history of the world, the belief that some know b- ter than others what is true, what is right, and what is valuable has been sufficiently widespread to make it seem natural for those betters to dictate for the rest what they should believe. Just as clerics did not hesitate to dictate to their congregations, Christians did not hesitate to impose their beliefs on non-Christians in order to save their souls.
(source: Nielsen Book Data)9789048189984 20160604
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Law Library (Crown)

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