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Freedom of Expression in the Marketplace of Ideas

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.

  • 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

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


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

Freedom of Expression in America: 1600-1917


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


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


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


6. Hate Speech
The Problem of Hate Speech

Do Speech Codes Violate the First Amendment?

Thinking Critically About Hate Speech Regulation


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?


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


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


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


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

Theories Used to Justify Broadcast Regulation

Regulation of Internet Communication


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


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

Journalists' Privilege

Access to Judicial Proceedings


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

Copyright Law and the First Amendment

Copyright and New Technology


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


About the Authors

Excellent book as it relates to media theory.

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

Sage College Publishing

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