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Freedom Of Speech
395Freedom Of Speech
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Overview
An innovative narrative approach combines history, politics, and legal doctrine to explore the origin and evolution of Americans' constitutional right to free speech.
In a field dominated by jargon-filled texts and march-of-progress treatments, this book presents an insightful introduction to freedom of speech, skillfully blending legal analysis with accounts of how staunchly contested historical, political, and cultural issues often influenced legal reasoning.
The volume traces the origins of the freedom in English law and its development through the founding of the United States, and examines how the unique struggles of 19th century Americans over such issues as political parties, slavery, women's rights, and economic inequality transformed this traditional English right into a distinctively American one. The book outlines the ways in which the U.S. Supreme Court became the prime interpreter of the meaning of free speech and introduces readers to current court rulings on the First Amendment. It also speculates about the political and legal developments likely to emerge in the new century.
In a field dominated by jargon-filled texts and march-of-progress treatments, this book presents an insightful introduction to freedom of speech, skillfully blending legal analysis with accounts of how staunchly contested historical, political, and cultural issues often influenced legal reasoning.
The volume traces the origins of the freedom in English law and its development through the founding of the United States, and examines how the unique struggles of 19th century Americans over such issues as political parties, slavery, women's rights, and economic inequality transformed this traditional English right into a distinctively American one. The book outlines the ways in which the U.S. Supreme Court became the prime interpreter of the meaning of free speech and introduces readers to current court rulings on the First Amendment. It also speculates about the political and legal developments likely to emerge in the new century.
Product Details
ISBN-13: | 9781576076002 |
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Publisher: | Bloomsbury Academic |
Publication date: | 03/19/2003 |
Series: | America's Freedoms Series |
Pages: | 395 |
Product dimensions: | 6.00(w) x 9.00(h) x 1.13(d) |
Age Range: | 12 - 18 Years |
About the Author
Ken I. Kersch is assistant professor of politics at Princeton University, Princeton, NJ.
Table of Contents
Series Foreword | xv | |
Preface | xxv | |
1 | Introduction | 1 |
Institutional Protections for the Freedom of Speech | 6 | |
Why Free Speech? First Amendment Theory | 13 | |
Pro-Free Speech Arguments | 16 | |
Anti-Free Speech Arguments | 26 | |
Free Speech Today | 31 | |
References and Further Reading | 36 | |
2 | Origins and Early Development | 41 |
The Regulation of Speech under English Common Law | 47 | |
Continuity and Change in the Colonies and Early American Law | 50 | |
Founding Worries | 57 | |
Speech in the Early National Era | 58 | |
"Fighting Words": The Duel in the Early United States | 70 | |
The Main Currents of the Law of Speech in the Nineteenth-Century United States | 72 | |
Robust Parties, Antislavery Agitation, and Speech in the United States | 75 | |
Freedom and Civil War | 82 | |
Post-Civil War Doctrine: Thomas Cooley's Treatise and Free Speech | 84 | |
The Eclipse of Privacy and Rise of Obscenity | 88 | |
References and Further Reading | 93 | |
3 | The Twentieth Century | 97 |
Free Speech as Bohemian Fashion | 99 | |
Political Radicalism Prior to World War I | 102 | |
The IWW Free Speech Fights | 106 | |
The Birth Control Movement and Free Speech | 109 | |
World War I, Free Speech, and the Supreme Court | 111 | |
The Birth of Modern Free Speech Law: Schenck, Abrams, Debs, and Frohwerk | 114 | |
Incorporation, the Red Scare, and the Rise of the Supreme Court as the Preeminent Authority on Free Speech Rights | 119 | |
Speech and the U.S. Worker | 122 | |
The Jehovah's Witnesses and the Development of the Public Forum Doctrine | 125 | |
Monitoring the Movies: The Legion of Decency and the Hays Commission | 129 | |
Welcoming Sexual Speech | 131 | |
The Threat and Fear of Communism | 135 | |
The Social Movements of the 1950s and 1960s | 142 | |
Late-Century Progressive Attacks on Free Speech | 151 | |
Doctrine and Issues at Century's End | 153 | |
References and Further Reading | 157 | |
4 | The Future of the Freedom of Speech | 161 |
The Return of the Dangers of Radical Political Speech | 162 | |
Government Largesse and the Freedom of Speech | 165 | |
The Campaign Finance Controversy: Bribery or Constitutionally Protected Political Speech? | 169 | |
Private Power, Technology, and the Freedom of Speech | 171 | |
The New Public Health Censorship and the Continuing Progressive Political Correctness Campaign | 176 | |
Globalization: Political Correctness by Other Means? | 178 | |
Conclusion | 180 | |
References and Further Reading | 181 | |
5 | Key People, Cases, and Events | 183 |
6 | Documents | 235 |
Peter Wentworth, Speech on the Liberties of the Commons (1576) | 235 | |
John Milton, Areopagitica (1644) | 236 | |
John Trenchard and Thomas Gordon, "Of Freedom of Speech," | 238 | |
Benjamin Franklin, "An Apology for Printers," Philadelphia Gazette (June 10, 1731) | 241 | |
Montesquieu, Spirit of the Laws, Book 12, Chapters 12-13 (1748) | 243 | |
John Wilkes, The North Briton no. 45 (April 25, 1763) | 244 | |
William Blackstone, Commentaries on the Laws of England, Book 4, Paragraph 13 (1769) | 245 | |
Publius [Alexander Hamilton], Federalist Paper no. 84 (1787) | 246 | |
U.S. Constitution (1787) | 253 | |
Sedition Act (1798) | 254 | |
Letter, John Marshall to a Freeholder (1798) | 255 | |
James Madison, Report on the Virginia Resolution (1800) | 256 | |
Thomas Jefferson, First Inaugural Address, Washington, D.C. (March 4, 1801) | 259 | |
St. George Tucker, editor, Blackstone's Commentaries: With Notes of Reference to the Constitution and Laws of the Federal Government of the United States; and of the Commonwealth of Virginia (1803) | 260 | |
Alexander Hamilton's Speech in Harry Croswell's Case (1804) | 261 | |
Joseph Story, Commentaries on the Constitution of the United States (1833) | 262 | |
Barron v. Baltimore, 32 U.S. 243 (1833) | 263 | |
Alexis de Tocqueville, Democracy in America (1833) | 264 | |
"Gag Rule," U.S. House of Representatives (1836) | 265 | |
John Stuart Mill, On Liberty (1859) | 266 | |
Fourteenth Amendment, U.S. Constitution, Section 1 (1868) | 272 | |
Thomas M. Cooley, A Treatise on the Constitutional Limitations Which Rest upon the Legislative Power of the States of the American Union (1868) | 272 | |
Theodore Schroeder, Liberty of Conscience, Speech, and Press (1906) | 273 | |
Emma Goldman, "Syndicalism: Its Theory and Practice," Mother Earth (January-February 1913) | 279 | |
Espionage Act (of 1917, as Amended by the Sedition Act of 1918) | 283 | |
Masses Publishing Co. v. Patten, 244 Fed. 535 (S.D.N.Y. 1917) | 283 | |
Zechariah Chafee Jr., from The New Republic (1918) | 285 | |
California Criminal Anarchy Statute (Cal. Pen. Code, Sec. 403a 1919) | 286 | |
Schenck v. United States, 249 U.S. 47 (1919) | 286 | |
Abrams v. United States, 250 U.S. 616 (1919) | 287 | |
A. Mitchell Palmer, "The Case against the Reds," Forum 63 (1920): 173-185 | 289 | |
Gitlow v. New York, 268 U.S. 652 (1925) | 292 | |
Whitney v. California, 274 U.S. 357 (1927) | 294 | |
Motion Picture Producers and Distributors Association of America, Motion Picture Production Code (Hays Code), Statement of General Principles (January 1931) | 296 | |
Palko v. Connecticut, 302 U.S. 319 (1937) | 296 | |
Carolene Products Co. v. United States, 304 U.S. 144 (1938) | 297 | |
Lovell v. City of Griffin, 303 U.S. 444 (1938) | 298 | |
Thornhill v. Alabama, 310 U.S. 88 (1940) | 299 | |
Cantwell v. Connecticut, 310 U.S. 296 (1940) | 300 | |
The Alien Registration Act (1940) (Smith Act) | 301 | |
Franklin Delano Roosevelt, State of the Union Address ("Four Freedoms" Speech) (January 6, 1941) | 302 | |
Chaplinsky v. New Hampshire, 315 U.S. 568 (1942) | 303 | |
West Virginia State Board of Education v. Barnette, 319 U.S. (1943) | 304 | |
Universal Declaration of Human Rights (December 10, 1948) | 305 | |
Kovacs v. Cooper, 336 U.S. 77 (1949) | 306 | |
Speech by Senator Joseph McCarthy, Wheeling, West Virginia (February 9, 1950) | 308 | |
Dennis v. United States, 341 U.S. 494 (1951) | 310 | |
Beauharnais v. Illinois, 343 U.S. 250 (1952) | 312 | |
Yates v. United States, 354 U.S. 298 (1957) | 315 | |
Roth v. United States, 354 U.S. 476 (1957) | 316 | |
NAACP v. Alabama, 357 U.S. 449 (1958) | 317 | |
New York Times v. Sullivan, 376 U.S. 254 (1964) | 317 | |
International Covenant on Civil and Political Rights (December 16, 1966) | 318 | |
Ginzburg v. United States, 383 U.S. 463 (1966) | 319 | |
Herbert Marcuse, "Repressive Tolerance" (and Postscript) (1969) | 320 | |
Tinker v. Des Moines, 393 U.S. 503 (1969) | 323 | |
Brandenburg v. Ohio, 395 U.S. 444 (1969) | 325 | |
Cohen v. California, 403 U.S. 15 (1971) | 328 | |
Miller v. California, 413 U.S. 15 (1973) | 329 | |
Buckley v. Valeo, 424 U.S. 1 (1976) | 330 | |
FCC v. Pacifica Foundation, 438 U.S. 726 (1978) | 332 | |
Convention on the Elimination of All Forms of Discrimination against Women (December 18, 1979) | 335 | |
Texas v. Johnson, 491 U.S. 397 (1989) | 336 | |
Rust v. Sullivan, 500 U.S. 173 (1991) | 337 | |
R.A.V. v. St. Paul, 505 U.S. 377 (1992) | 339 | |
Rosenberger v. University of Virginia, 515 U.S. 819 (1995) | 340 | |
44 Liquormart v. Rhode Island, 517 U.S. 484 (1996) | 342 | |
Reno v. ACLU, 521 U.S. 844 (1997) | 344 | |
National Endowment for the Arts v. Finley, 524 U.S. 569 (1998) | 346 | |
Chronology | 349 | |
Table of Cases | 361 | |
Bibliography | 365 | |
Index | 371 | |
About the Author | 395 |
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