Free Speech
From Core Values to Current Debates

This book provides a readable and comprehensive overview of the history, theory, law, and current debates over freedom of speech.

Len Niehoff (Author), E. Thomas Sullivan (Author)

9781108822138, Cambridge University Press

Paperback / softback, published 28 April 2022

280 pages
23 x 15 x 1.5 cm, 0.374 kg

Niehoff and Sullivan's review of First Amendment law has many strengths: clarity and readability, an embrace of free speech values that does not slight opposing interests, and an important insight into the role of due process concerns in shaping judicial doctrine. Students, general readers, and scholars will all find the book valuable. Dan Farber, Sho Sato Professor of Law, University of California, Berkeley

Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to “hard cases” and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic.

Introduction
Part I. Core Values: 1. Instrumental value arguments for free speech
2. Intrinsic value arguments for free speech
3. Free expression and due process values
4. The everyday first amendment
Part II. History: 5. The First amendment prior to 1919
6. The first amendment from 1919-1963
7. The first amendment from 1964–present: Free speech broadened and compartmentalized
8. The first amendment from 1964–present: Hard cases
Part III. Basic Principles: 9. Content and viewpoint restrictions are disfavored
10. Vagueness and overbreadth are special concerns
11. Exceptions must be limited and narrowly crafted
Part IV. Current Controversies: 12. Hate speech
13. Campaign finance regulation
14. Speech in public schools
15. Academic freedom
16. Speech on the internet.

Subject Areas: Constitutional & administrative law [LND], Freedom of information & freedom of speech [JPVH2]