Democracy and the Problem of Free Speech

Author: Cass R. Sunstein

Publisher: Simon and Schuster

ISBN: 1439105359

Category: History

Page: 344

View: 4527

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: 6025

This text shows us how to approach the Internet as responsible people. Democracy, it maintains, depends on shared experiences and requires people to be exposed to topics and ideas that they would not have chosen in advance.
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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: 472

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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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: 1626

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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Deliberation, Democracy, and the Media

Author: Simone Chambers,Anne N. Costain

Publisher: Rowman & Littlefield

ISBN: 9780847698110

Category: Political Science

Page: 243

View: 3183

Interdisciplinary discussion of the ways in which the media is and can be used in the service of deliberative equality within the public sphere--and of the ways in which the media can function to both facilitate and inhibit deliberative democracy. [back cover].
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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: 2494

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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A Pragmatist Philosophy of Democracy

Author: Robert B. Talisse

Publisher: Routledge

ISBN: 1135196478

Category: Philosophy

Page: 166

View: 9695

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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Philosophy, Politics, Democracy

Selected Essays

Author: Joshua Cohen

Publisher: Harvard University Press

ISBN: 9780674034488

Category: Philosophy

Page: 394

View: 3020

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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Speech and Silence in American Law

Author: Austin Sarat

Publisher: Cambridge University Press

ISBN: 1139487736

Category: Law

Page: N.A

View: 5619

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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Democracy: A Short, Analytical History

A Short, Analytical History

Author: Roland N. Stromberg

Publisher: Routledge

ISBN: 1317473175

Category: Political Science

Page: 240

View: 5220

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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