Democracy and the Problem of Free Speech

Author: Cass R. Sunstein

Publisher: Simon and Schuster

ISBN: 1439105359

Category: History

Page: 344

View: 5508

Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation. -- Akhil Amar, Southmayd Professor, Yale Law School This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy. -- Joshua Cohen, Massachusetts Institute of Technology How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject. -- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University
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Republic.com

Author: Cass R. Sunstein

Publisher: Princeton University Press

ISBN: 9780691095899

Category: Law

Page: 236

View: 3025

See only what you want to see, hear only what you want to hear, read only what you want to read. In cyberspace, we already have the ability to filter out everything but what we wish to see, hear, and read. Tomorrow, our power to filter promises to increase exponentially. With the advent of the Daily Me, you see only the sports highlights that concern your teams, read about only the issues that interest you, encounter in the op-ed pages only the opinions with which you agree. In all of the applause for this remarkable ascendance of personalized information, Cass Sunstein asks the questions, Is it good for democracy? Is it healthy for the republic? What does this mean for freedom of speech? Republic.com exposes the drawbacks of egocentric Internet use, while showing us how to approach the Internet as responsible citizens, not just concerned consumers. Democracy, Sunstein maintains, depends on shared experiences and requires citizens to be exposed to topics and ideas that they would not have chosen in advance. Newspapers and broadcasters helped create a shared culture, but as their role diminishes and the customization of our communications universe increases, society is in danger of fragmenting, shared communities in danger of dissolving. In their place will arise only louder and ever more extreme echoes of our own voices, our own opinions. In evaluating the consequences of new communications technologies for democracy and free speech, Sunstein argues the question is not whether to regulate the Net (it's already regulated), but how; proves that freedom of speech is not an absolute; and underscores the enormous potential of the Internet to promote freedom as well as its potential to promote "cybercascades" of like-minded opinions that foster and enflame hate groups. The book ends by suggesting a range of potential reforms to correct current misconceptions and to improve deliberative democracy and the health of the American republic. Chat with Cass Sunstein in a Message Forum hosted beginning April 1, 2001.
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Redefreiheit

Prinzipien für eine vernetzte Welt

Author: Timothy Garton Ash

Publisher: Carl Hanser Verlag GmbH Co KG

ISBN: 3446254250

Category: Political Science

Page: 688

View: 5669

Noch nie konnten so viele Menschen wie heute ihre Meinung auf der ganzen Welt verbreiten. Internet und Globalisierung haben eine neue Epoche der Redefreiheit möglich gemacht, gleichzeitig provozieren sie neue kulturelle und religiöse Konflikte. Müssen wir rassistische Kommentare auf Facebook hinnehmen? Darf Satire den Propheten Mohammed verhöhnen? 2011 hat Timothy Garton Ash eine Debatte angestoßen, seitdem diskutieren Teilnehmer aus der ganzen Welt die Frage, wie wir in Zukunft vernünftig unsere Standpunkte austauschen, wie wir das Recht auf Redefreiheit genauso wie die Würde Andersdenkender sichern können. Es ist der Stoff für sein neues Buch: Ein Standardwerk zur Redefreiheit im 21. Jahrhundert.
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Designing Democracy

What Constitutions Do

Author: Cass R. Sunstein

Publisher: Oxford University Press on Demand

ISBN: 9780195158403

Category: Law

Page: 280

View: 3776

A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.
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Sedition and the Advocacy of Violence

Free Speech and Counter-Terrorism

Author: Sarah Sorial

Publisher: Routledge

ISBN: 1136639837

Category: Law

Page: 216

View: 4784

This book employs the theoretical framework of ‘speech act theory’ to analyse current legislative frameworks and cases pertaining to sedition or the advocacy of violence and the issue of freedom of speech. An analysis of the relation between speech and action offers a promising way of clarifying confusion over the contested status of speech, which advocates violence as a political strategy. This account reflects an understanding of philosophical issues about both the nature of freedom and speech and how these issues can be applied to concrete legal problems. This approach will shed new light on the problems of the sedition laws and how they might be remedied by providing a conceptual account of the nature of speech and its relation to action. On the basis of J.L Austin’s account of verdictive and exercitive speech acts, it is argued that while all speech acts are ‘conduct’ in a narrow sense, not all of them have the power to produce effects. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause harm. It also suggests that because speech can evoke or constitute action or conduct in certain circumstances, modern versions of sedition laws might in principle be defensible, but not in their current form. On the basis of this account, it is argued that the harms caused or constituted by speech can be located in the authority of the speaker. Sedition and Violence Against the State: Free Speech and Counter-Terrorism will be of interest to students and scholars of philosophy of law and legal theory.
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Wie Demokratien sterben

Und was wir dagegen tun können

Author: Steven Levitsky,Daniel Ziblatt

Publisher: DVA

ISBN: 3641222915

Category: Political Science

Page: 320

View: 5030

Ausgezeichnet mit dem NDR Kultur Sachbuchpreis 2018 als bestes Sachbuch des Jahres Demokratien sterben mit einem Knall oder mit einem Wimmern. Der Knall, also das oft gewaltsame Ende einer Demokratie durch einen Putsch, einen Krieg oder eine Revolution, ist spektakulärer. Doch das Dahinsiechen einer Demokratie, das Sterben mit einem Wimmern, ist alltäglicher – und gefährlicher, weil die Bürger meist erst aufwachen, wenn es zu spät ist. Mit Blick auf die USA, Lateinamerika und Europa zeigen die beiden Politologen Steven Levitsky und Daniel Ziblatt, woran wir erkennen, dass demokratische Institutionen und Prozesse ausgehöhlt werden. Und sie sagen, an welchen Punkten wir eingreifen können, um diese Entwicklung zu stoppen. Denn mit gezielter Gegenwehr lässt sich die Demokratie retten – auch vom Sterbebett.
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Free Markets and Social Justice

Author: Cass R. Sunstein

Publisher: Oxford University Press

ISBN: 9780195356175

Category: Political Science

Page: 416

View: 2612

The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.
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Going to Extremes

How Like Minds Unite and Divide

Author: Cass R. Sunstein

Publisher: Oxford University Press

ISBN: 0199754128

Category: Political Science

Page: 199

View: 6543

Why do people become extremists? What makes people become so dismissive of opposing views? Why is political and cultural polarization so pervasive in America? In Going to Extremes, renowned legal scholar and best-selling author Cass R. Sunstein offers startling insights into why and when people gravitate toward extremism. Sunstein marshals a wealth of evidence that shows that when like-minded people gather in groups, they tend to become more extreme in their views than they were before. Thus when liberals group get together to debate climate change, they end up more alarmed about climate change, while conservatives brought together to discuss same-sex unions become more set against same-sex unions. In courtrooms, radio stations, and chatrooms, enclaves of like-minded people are breeding ground for extreme movements. Indeed, Sunstein shows that a good way to create an extremist group, or a cult of any kind, is to separate members from the rest of society, either physically or psychologically. Sunstein's findings help to explain such diverse phenomena as political outrage on the Internet, unanticipated "blockbusters" in the film and music industry, the success of the disability rights movement, ethnic conflict in Iraq and former Yugoslavia, and Islamic terrorism. Providing a wealth of real-world examples--sometimes entertaining, sometimes alarming--Sunstein offers a fresh explanation of why partisanship has become so bitter and debate so rancorous in America and abroad. Praise for the hardcover: "A path-breaking exploration of the perils and possibilities created by polarization among the like-minded." --Kathleen Hall Jamieson, co-author of unSpun and Echo Chamber "Poses a powerful challenge to anyone concerned with the future of our democracy. He reveals the dark side to our cherished freedoms of thought, expression and participation. Initiates an urgent dialogue which any thoughtful citizen should be interested in." --James S. Fishkin, author of When the People Speak
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Legal Reasoning and Political Conflict

Author: Cass R. Sunstein

Publisher: Oxford University Press

ISBN: 9780195353495

Category: Law

Page: 240

View: 9526

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.
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A Pragmatist Philosophy of Democracy

Author: Robert B. Talisse

Publisher: Routledge

ISBN: 1135196478

Category: Philosophy

Page: 176

View: 7583

In recent years there has been a renewed interest in American pragmatism. In political philosophy, the revival of pragmatism has led to a new appreciation for the democratic theory of John Dewey. In this book, Robert B. Talisse advances a series of pragmatic arguments against Deweyan democracy. Particularly, Talisse argues that Deweyan democracy cannot adequately recognize pluralism, the fact that intelligent, sincere, and well-intentioned persons can disagree sharply and reasonably over moral ideals. Drawing upon the epistemology of the founder of pragmatism, Charles S. Peirce, Talisse develops a conception of democracy that is anti-Deweyan but nonetheless pragmatist. Talisse then brings the Peircean view into critical conversation with contemporary developments in democratic theory, including deliberative democracy, Rawlsian political liberalism, and Richard Posner’s democratic realism. The result is a new pragmatist option in democratic theory.
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Censoring Racial Ridicule

Irish, Jewish, and African American Struggles over Race and Representation, 1890-1930

Author: M. Alison Kibler

Publisher: UNC Press Books

ISBN: 1469618370

Category: History

Page: 328

View: 7344

A drunken Irish maid slips and falls. A greedy Jewish pawnbroker lures his female employee into prostitution. An African American man leers at a white woman. These and other, similar images appeared widely on stages and screens across America during the early twentieth century. In this provocative study, M. Alison Kibler uncovers, for the first time, powerful and concurrent campaigns by Irish, Jewish and African Americans against racial ridicule in popular culture at the turn of the twentieth century. Censoring Racial Ridicule explores how Irish, Jewish, and African American groups of the era resisted harmful representations in popular culture by lobbying behind the scenes, boycotting particular acts, and staging theater riots. Kibler demonstrates that these groups' tactics evolved and diverged over time, with some continuing to pursue street protest while others sought redress through new censorship laws. Exploring the relationship between free expression, democracy, and equality in America, Kibler shows that the Irish, Jewish, and African American campaigns against racial ridicule are at the roots of contemporary debates over hate speech.
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Democracy: A Short, Analytical History

A Short, Analytical History

Author: Roland N. Stromberg

Publisher: Routledge

ISBN: 1317473175

Category: Political Science

Page: 240

View: 2463

This text sums up the democratic experience in modern Western civilisation. It defines the term and notes the confusions in it, and its changing meanings over the past two centuries or so. It records criticisms, and is especially concerned with the conditions that are neccessary for it to exist. This encompasses a comprehensive literature which the author seeks to summarise and present to the reader in accessible form. It is appropriate material for course reading in Westen civilisation, intellectual history, political thought, and philosophy.
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Speech and Silence in American Law

Author: Austin Sarat

Publisher: Cambridge University Press

ISBN: 1139487736

Category: Law

Page: N.A

View: 5682

Rather than abstract philosophical discussion or yet another analysis of legal doctrine, Speech and Silence in American Law seeks to situate speech and silence, locating them in particular circumstances and contexts and asking how context matters in facilitating speech or demanding silence. To understand speech and silence we have to inquire into their social life and examine the occasions and practices that call them forth and that give them meaning. Among the questions addressed in this book are: who is authorized to speak? And what are the conditions that should be attached to the speaking subject? Are there occasions that call for speech and others that demand silence? What is the relationship between the speech act and the speaker? Taking these questions into account helps readers understand what compels speakers and what problems accompany speech without a known speaker, allowing us to assess how silence speaks and how speech renders the silent more knowable.
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Philosophy, Politics, Democracy

Selected Essays

Author: Joshua Cohen

Publisher: Harvard University Press

ISBN: 9780674034488

Category: Philosophy

Page: 394

View: 1498

Over the past 20 years, Joshua Cohen has explored the most controversial issues facing the American public. This volume draws on his work to develop an argument about what he calls 'democracy's public reason'.
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The Tyranny of the Two-Party System

Author: Lisa J. Disch

Publisher: Columbia University Press

ISBN: 0231504675

Category: Political Science

Page: 172

View: 4406

The closely contested presidential election of 2000, which many analysts felt was decided by voters for the Green Party, cast a spotlight on a structural contradiction of American politics. Critics charged that Green Party voters inadvertently contributed to the election of a conservative Republican president because they chose to "vote their conscience" rather than "choose between two evils." But why this choice of two? Is the two-party system of Democrats and Republicans an immutable and indispensable aspect of our democracy? Lisa Disch maintains that it is not. There is no constitutional warrant for two parties, and winner-take-all elections need not set third parties up to fail. She argues that the two-party system as we know it dates only to the twentieth century and that it thwarts democracy by wasting the votes and silencing the voices of dissenters. The Tyranny of the Two-Party System reexamines a once popular nineteenth-century strategy called fusion, in which a dominant-party candidate ran on the ballots of both the established party and a third party. In the nineteenth century fusion made possible something that many citizens wish were possible today: to register a protest vote that counts and that will not throw the election to the establishment candidate they least prefer. The book concludes by analyzing the 2000 presidential election as an object lesson in the tyranny of the two-party system and with suggestions for voting experiments to stimulate participation and make American democracy responsive to a broader range of citizens.
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The Tolerant Society

Author: Lee C. Bollinger Dean University of Michigan Law School

Publisher: Oxford University Press, USA

ISBN: 0198021046

Category: Freedom of speech

Page: 307

View: 8781

The First Amendment provides Americans with a far broader protection of free speech than that available in any other Western democracy, Lee Bollinger notes, and yet other democracies are not seen as significantly less open or more restrictive that the United States. Why do Americans guarantee people the right to advocate the overthrow of the government or advance racist or genocidal ideas? Why, for example, protect the right of neo-Nazis to march in predominantly Jewish Skokie, Illinois? In The Tolerant Society, Bollinger offers a masterful critique of the major theories of freedom of expression, and offers an alternative explanation. Traditional justifications for protecting extremist speech have turned largely on the inherent value of self-expression, maintaining that the benefits of the free interchange of ideas include the greater likelihood of serving truth and of promoting wise decisions in a democracy. Bollinger finds these theories persuasive but inadequate. Buttrressing his argument with references to the Skokie case and many other examples, as well as a careful analysis of the primary literature on free speech, he contends that the real value of toloeration of extremist speech lies in the extraordinary self-control toward antisocial behavior that it elicits: society is stengthened by the exercise of tolerance, he maintains. The problem of finding an appropriate response--especially when emotions make measured response difficult--is common to all social interaction, Bollinger points out, and there are useful lesons to be learned from withholding punishment even for what is conceded to be bad behavior. About the Author: Lee C. Bollinger is Professor of Law at the University of Michigan Law School.
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Media Ethics, Free Speech, and the Requirements of Democracy

Author: Carl Fox,Joe Saunders

Publisher: Routledge

ISBN: 1351333445

Category: Philosophy

Page: 272

View: 9593

How we understand, protect, and discharge our rights and responsibilities as citizens in a democratic society committed to the principle of political equality is intimately connected to the standards and behaviour of our media in general, and our news media in particular. However, the media does not just stand between the citizenry and their leaders, or indeed between citizens and each other. The media is often the site where individuals attempt to realise some of the most fundamental democratic liberties, including the right to free speech. Media Ethics, Free Speech, and the Requirements of Democracy explores the conflict between the rights that people exercise in, and through, the modern media and the responsibilities that accrue on account of its awesome and increasing power. The individual chapters—written by leading scholars from the US, UK, and Australia—address several recent events and controversial developments in the media, including Brexit, the rise of Trump, Lynton Crosby, Charlie Hebdo, dog-whistle politics, fake news, and political correctness. This much-needed philosophical treatment is a welcome addition to the recent literature in media ethics. It will be of interest to scholars across political and social philosophy, applied ethics, media and communication studies, and political science who are interested in the important issues surrounding the media and free speech and democracy.
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First Amendment Institutions

Author: Paul Horwitz

Publisher: Harvard University Press

ISBN: 0674070925

Category: Law

Page: 382

View: 4551

Addressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations. Courts should let institutions with a stake in these freedoms do more work to enforce them. Self-regulation and public criticism should be the key restraints, not judicial fiat.
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