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A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression

Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the "Marketplace of Ideas" metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored.

The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses.

Features:  
  • Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues
  • Sparks student interest in "big picture" issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism.
  • Includes significant excerpts from landmark freedom of expression cases,   including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights 
  • Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable
  • Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions

 
Preface
 
List of Court Cases
 
1. Introduction to Freedom of Expression and the American Legal System
The Nature of Freedom of Speech

 
How Free Expression Rights Are Determined

 
Justifications and Critiques of Freedom of Expression

 
Conclusion

 
 
2. Historical Perspectives on Freedom of Expression
Free Expression in World Cultures

 
Freedom of Expression in America: 1600-1917

 
Conclusion

 
 
3. Incitement to Illegal Conduct and True Threats
The Clear and Present Danger Test

 
The Gitlow Decision Protects Freedom of Speech From State Abridgement

 
Freedom of Speech for Communists: Clear and Present Danger?

 
Brandenburg v. Ohio: Strengthening Protection of Speech

 
The Brandenburg Rule and Contemporary Communication

 
Distinguishing Incitement From True Threats

 
Conclusion

 
 
4. National Security and Freedom of Expression
A National Security Exception to the Constitution?

 
Government Efforts to Limit Free Expression in Wartime

 
Government Practices That Keep Information Secret

 
Government Surveillance of Its Citizens

 
Conclusion

 
 
5. Fighting Words and the Categorical Exceptions Doctrines
The Categorical Exceptions and Fighting Words Doctrines Are Announced in Chaplinsky

 
The Fighting Words Definition is Refined in Terminiello

 
The Definition of Fighting Words is Narrowed

 
R.A.V. v. City of St.Paul: Fighting Words and Categorical Exceptions Doctrines Live On

 
Conclusion

 
 
6. Hate Speech
The Problem of Hate Speech

 
Do Speech Codes Violate the First Amendment?

 
Thinking Critically About Hate Speech Regulation

 
Conclusion

 
 
7. Defamation: First Amendment Issues
New York Times v. Sullivan: The Actual Malice Rule

 
The New York Times Rule: Application of the Actual Malice Test

 
The New York Times Rule: Proof of Actual Malice

 
Beyond New York Times v. Sullivan: Additional First Amendment Protections

 
Has the Actual Malice Rule Served Its Purpose?

 
Conclusion

 
 
8. Obscenity and Child Pornography
Obscenity Not Protected by the First Amendment

 
1957-1973: The Supreme Court Struggles With Meaning of Obscenity

 
Court Majority Agrees on Obscenity

 
Does Context Influence Constitutional Protection?

 
Critical Thinking About Obscenity

 
Distinguishing Obscenity From Child Pornography

 
Conclusion

 
 
9. Time, Place, and Manner Restrictions
Historical Developments

 
The Modern Time, Place, and Manner Test

 
The Forums Held in Trust for Public Expression

 
Time, Place, or Manner Rules: Noteworthy Controversies

 
Conclusion

 
 
10. Symbolic Expression
The Benefits of Symbolic Expression

 
The Definitions of Symbolic Expression

 
The Test for Constitutional Protection of Symbolic Expression

 
Restrictions Related to Suppression: The Flag Burning Issue

 
Conclusion

 
 
11. Technology and the First Amendment
Medium-Specific Restrictions on Expression: Early History

 
Theories Used to Justify Broadcast Regulation

 
Regulation of Internet Communication

 
Conclusion

 
 
12. Privacy and Free Speech
Privacy and the Search for Penumbral Rights

 
The Right to Privacy in One's Self

 
The Right to Privacy Within the Home

 
Balancing a Right to Persuade With a Right to Privacy in Public Spaces Outside the Home

 
The Right to Informational Privacy

 
Conclusion

 
 
13. Access to Information
A Right of Access to Government Information

 
Journalists' Privilege

 
Access to Judicial Proceedings

 
Conclusion

 
 
14. Copyright and the First Amendment
Copyright Law in the United States

 
Copyright Law and the First Amendment

 
Copyright and New Technology

 
Conclusion

 
 
15. International and Comparative Perspectives on Freedom of Expression
The Global Freedom of Expression Landscape

 
Cultural Values and Free Expression Rights

 
Judicial Decisions on Freedom of Expression

 
Twenty-First Century Technology and International Freedom of Expression

 
Conclusion

 
 
Index
 
About the Authors

Excellent book as it relates to media theory.

Dr Daniel Hodge
Social Behavioral Sciences Dep, Citrus College
June 16, 2010

Sample Materials & Chapters

4. National Security and Freedom of Expression

6. Hate Speech


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