Freedom of Speech: Volume 21, Part 2

This volume examines the history of free speech doctrine.

Ellen Frankel Paul (Author), Fred D. Miller, Jr (Author), Jeffrey Paul (Author)

9780521603751, Cambridge University Press

Paperback, published 5 July 2004

458 pages
23 x 15.3 x 2.6 cm, 0.625 kg

Whether free speech is defended as a fundamental right that inheres in each individual, or as a guarantee that all of society's members will have a voice in democratic decision-making, the central role of expressive freedom in liberating the human spirit is undeniable. Freedom of expression will, as the essays in this volume illuminate, encounter new and continuing controversies in the twenty-first century. Advances in digital technology raise pressing questions regarding freedom of speech and, with it, intellectual property and privacy rights. Campaign finance reform limits the formerly sacrosanct category of 'political speech'. Expressive liberties may face their greatest challenge from government efforts to thwart terrorism. The twelve legal scholars and philosophers whose work appears in this volume examine the history of free speech doctrine, its relevance to other social and personal values, and the radical critiques it has withstood in recent years.

1. Equality and expression: the radical paradox Andrew Altman
2. The politics of free speech Scott D. Gerber
3. The academic betrayal of free speech Daniel Jacobson
4. Free speech and offensive expression Judith Wagner DeCew
5. Copyright, trespass, and the first amendment: an institutional perspective Lillian R. BeVier
6. Restrictions on judicial campaign speech: silencing criticism of liberal activism Lino A. Graglia
7. Property rights and free speech: allies or enemies? James W. Ely, Jr
8. Expressive association after Dale David E. Bernstein
9. Autonomy and informational privacy, or gossip: the central meaning of the first amendment C. Edwin Baker
10. Current proposals for media accountability in light of the first amendment Ronald D. Rotunda
11. Free speech in the American founding and in modern liberalism Thomas G. West
12. Democratic ideals and media realities: a puzzling free press paradox Michael Kent Curtis.

Subject Areas: Freedom of information & freedom of speech [JPVH2], Political control & freedoms [JPV], Social & political philosophy [HPS]