front cover of Beyond the Schoolhouse Gate
Beyond the Schoolhouse Gate
Free Speech and the Inculcation of Values
Robert Wheeler Lane
Temple University Press, 1995
Outstanding Academic Title, Choice, 1995 "What makes Lane's approach unique is that he weaves together different perspectives on the nature of school into a very colorful but informative and lucid tapestry that seeks the outer limits of free expression within the boundaries of the school context, always with an eye toward promoting the goal of inculcation of values, a worthy end for students and school officials alike." --Samuel M. Davis, Allen Post Professor of Law, University of Georgia *In a 1969 landmark case, the U.S. Supreme Court ruled that the suspension of student for protesting the Vietnam War violated the First Amendment. *In 1972, the U.S. court of appeals upheld the suspension of black high school students for protesting the playing of "Dixie" at a pep rally. *In 1986, a U.S. district court ruled that the suspension of a student for directing a vulgar gesture at one of his school teachers in a fast-food restaurant was unconstitutional. On what grounds do public school students merit First Amendment protection? These three examples illustrate the broad range of litigation that has attempted to answer this question. Robert Wheeler Lane reviews the obstacles of this important issue and suggests a mix of protection and autonomy for students. Pulling together evidence about the aims of public education, the changing legal status of children, and the values underlying freedom of expression, Lane debates the relationship between constitutional litigation and the dual pursuits of academic excellence and classroom order. Ultimately, utilizing both lower court and Supreme Court decisions, he finds that independent student expression deserves considerable constitutional protection; student expression assisted by school officials (such as school-funded student newspapers) should be subject to some control; and nonstudent expression (such as a school's selection of library books) should be left largely to the school's discretion. His conclusions suggest that in forging First Amendment protection for public school students, strongly held positions need not be extreme.
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Courting the Abyss
Free Speech and the Liberal Tradition
John Durham Peters
University of Chicago Press, 2005
Courting the Abyss updates the philosophy of free expression for a world that is very different from the one in which it originated. The notion that a free society should allow Klansmen, neo-Nazis, sundry extremists, and pornographers to spread their doctrines as freely as everyone else has come increasingly under fire. At the same time, in the wake of 9/11, the Right and the Left continue to wage war over the utility of an absolute vision of free speech in a time of increased national security. Courting the Abyss revisits the tangled history of free speech, finding resolutions to these debates hidden at the very roots of the liberal tradition.

A mesmerizing account of the role of public communication in the Anglo-American world, Courting the Abyss shows that liberty's earliest advocates recognized its fraternal relationship with wickedness and evil. While we understand freedom of expression to mean "anything goes," John Durham Peters asks why its advocates so often celebrate a sojourn in hell and the overcoming of suffering. He directs us to such well-known sources as the prose and poetry of John Milton and the political and philosophical theory of John Locke, Adam Smith, John Stuart Mill, and Oliver Wendell Holmes Jr., as well as lesser-known sources such as the theology of Paul of Tarsus. In various ways they all, he shows, envisioned an attitude of self-mastery or self-transcendence as a response to the inevitable dangers of free speech, a troubled legacy that continues to inform ruling norms about knowledge, ethical responsibility, and democracy today.

A world of gigabytes, undiminished religious passion, and relentless scientific discovery calls for a fresh account of liberty that recognizes its risk and its splendor. Instead of celebrating noxious doctrine as proof of society's robustness, Courting the Abyss invites us to rethink public communication today by looking more deeply into the unfathomable mystery of liberty and evil.
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Eternally Vigilant
Free Speech in the Modern Era
Edited by Lee C. Bollinger and Geoffrey R. Stone
University of Chicago Press, 2001
While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media.

"With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal

Contributors:

Lillian R. BeVier
Vincent Blasi
Lee C. Bollinger
Stanley Fish
Owen M. Fiss
R. Kent Greenawalt
Richard A. Posner
Robert C. Post
Frederick Schauer
Geoffrey R. Stone
David A. Strauss
Cass R. Sunstein
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Free Speech and Koch Money
Manufacturing a Campus Culture War
Ralph Wilson
Pluto Press, 2021

In recent years hundreds of high-profile ‘free speech’ incidents have rocked US college campuses. Milo Yiannopoulos, Ben Shapiro, Ann Coulter and other right-wing speakers have faced considerable protest, with many being disinvited from speaking. These incidents are widely circulated as examples of the academy’s intolerance towards conservative views.

But this response is not the spontaneous outrage of the liberal colleges. There is a darker element manufacturing the crisis, funded by political operatives, and designed to achieve specific political outcomes. If you follow the money, at the heart of the issue lies the infamous and ultra-libertarian Koch donor network.

Grooming extremist celebrities, funding media platforms that promote these controversies, developing legal organzations to sue universities and corrupting legislators, the influence of the Koch network runs deep. We need to abandon the ‘campus free speech’ narrative and instead follow the money if we ever want to root out this dangerous network from our universities.

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Free Speech and Unfree News
The Paradox of Press Freedom in America
Sam Lebovic
Harvard University Press, 2016

Does America have a free press? Many who answer yes appeal to First Amendment protections that shield the press from government censorship. But in this comprehensive history of American press freedom as it has existed in theory, law, and practice, Sam Lebovic shows that, on its own, the right of free speech has been insufficient to guarantee a free press.

Lebovic recovers a vision of press freedom, prevalent in the mid-twentieth century, based on the idea of unfettered public access to accurate information. This “right to the news” responded to persistent worries about the quality and diversity of the information circulating in the nation’s news. Yet as the meaning of press freedom was contested in various arenas—Supreme Court cases on government censorship, efforts to regulate the corporate newspaper industry, the drafting of state secrecy and freedom of information laws, the unionization of journalists, and the rise of the New Journalism—Americans chose to define freedom of the press as nothing more than the right to publish without government censorship. The idea of a public right to all the news and information was abandoned, and is today largely forgotten.

Free Speech and Unfree News compels us to reexamine assumptions about what freedom of the press means in a democratic society—and helps us make better sense of the crises that beset the press in an age of aggressive corporate consolidation in media industries, an increasingly secretive national security state, and the daily newspaper’s continued decline.

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Free Speech in the United States
Zechariah Chafee Jr.
Harvard University Press

front cover of Free Speech On Trial
Free Speech On Trial
Communication Perspectives on Landmark Supreme Court Decisions
Edited by Richard A. Parker
University of Alabama Press, 2008

Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them.

At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices.

Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures.

Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.

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front cover of Free Speech, The People's Darling Privilege
Free Speech, The People's Darling Privilege
Struggles for Freedom of Expression in American History
Michael Kent Curtis
Duke University Press, 2000
Modern ideas about the protection of free speech in the United States did not originate in twentieth-century Supreme Court cases, as many have thought. Free Speech, “The People’s Darling Privilege” refutes this misconception by examining popular struggles for free speech that stretch back through American history. Michael Kent Curtis focuses on struggles in which ordinary and extraordinary people, men and women, black and white, demanded and fought for freedom of speech during the period from 1791—when the Bill of Rights and its First Amendment bound only the federal government to protect free expression—to 1868, when the Fourteenth Amendment sought to extend this mandate to the states. A review chapter is also included to bring the story up to date.
Curtis analyzes three crucial political struggles: the controversy that surrounded the 1798 Sedition Act, which raised the question of whether criticism of elected officials would be protected speech; the battle against slavery, which raised the question of whether Americans would be free to criticize a great moral, social, and political evil; and the controversy over anti-war speech during the Civil War. Many speech issues raised by these controversies were ultimately decided outside the judicial arena—in Congress, in state legislatures, and, perhaps most importantly, in public discussion and debate. Curtis maintains that modern proposals for changing free speech doctrine can usefully be examined in the light of this often ignored history. This broader history shows the crucial effect that politicians, activists, ordinary citizens—and later the courts—have had on the American understanding of free speech.
Filling a gap in legal history, this enlightening, richly researched historical investigation will be valuable for students and scholars of law, U.S. history, and political science, as well as for general readers interested in civil liberties and free speech.
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Gogo Breeze
Zambia’s Radio Elder and the Voices of Free Speech
Harri Englund
University of Chicago Press, 2018
When Breeze FM, a radio station in the provincial Zambian town of Chipata, hired an elderly retired schoolteacher in 2003, no one anticipated the skyrocketing success that would follow. A self-styled grandfather on air, Gogo Breeze seeks intimacy over the airwaves and dispenses advice on a wide variety of grievances and transgressions. Multiple voices are broadcast and juxtaposed through call-ins and dialogue, but free speech finds its ally in the radio elder who, by allowing people to be heard and supporting their claims, reminds authorities of their obligations toward the disaffected.
 
Harri Englund provides a masterfully detailed study of this popular radio personality that addresses broad questions of free speech in Zambia and beyond. By drawing on ethnographic insights into political communication, Englund presents multivocal morality as an alternative to dominant Euro-American perspectives, displacing the simplistic notion of voice as individual personal property—an idea common in both policy and activist rhetoric. Instead, Englund focuses on the creativity and polyphony of Zambian radio while raising important questions about hierarchy, elderhood, and ethics in the public sphere.
 
A lively, engaging portrait of an extraordinary personality, Gogo Breeze will interest Africanists, scholars of radio and mass media, and anyone interested in the history and future of free speech.
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front cover of The Great War Comes to Wisconsin
The Great War Comes to Wisconsin
Sacrifice, Patriotism, and Free Speech in a Time of Crisis
Richard L. Pifer
Wisconsin Historical Society Press, 2017
The Great War Comes to Wisconsin examines Wisconsin’s response to World War I, the first "total war" of the twentieth century, a war so large that it engaged virtually everyone.
Instead of a comprehensive history of the battlefield, this book captures the homefront experience: the political debates over war policy, the worry over loved ones fighting overseas, the countless everyday sacrifices, and the impact of a wartime hysteria that drove dissent underground. It also includes the voices of soldiers from Wisconsin’s famed 32nd Division, through extensively quoted letters and newspaper accounts. Immerse yourself in the Wisconsin experience during World War I—a conflict that demonstrated America’s great capacity for sacrifice and generosity, but also for prejudice, intolerance, and injustice.
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front cover of In Defense of Free Speech in Universities
In Defense of Free Speech in Universities
A Study of Three Jurisdictions
Amy Lai
University of Michigan Press, 2023

In this book, Amy Lai examines the current free speech crisis in Western universities. She studies the origin, history, and importance of freedom of speech in the university setting, and addresses the relevance and pitfalls of political correctness and microaggressions on campuses, where laws on harassment, discrimination, and hate speech are already in place, along with other concepts that have gained currency in the free speech debate, including deplatforming, trigger warning, and safe space. Looking at numerous free speech disputes in the United Kingdom, the United States, and Canada, the book argues for the equal application of the free speech principle to all expressions to facilitate respectful debates. All in all, it affirms that the right to free expression is a natural right essential to the pursuit of truth, democratic governance, and self-development, and this right is nowhere more important than in the university.

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The Irony of Free Speech
Owen Fiss
Harvard University Press, 1996

How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly "uninhibited, robust, and wide-open."

Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty.

By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it.

Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.

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The Paradox of Democracy
Free Speech, Open Media, and Perilous Persuasion
Zac Gershberg and Sean Illing
University of Chicago Press, 2022
A thought-provoking history of communications that challenges ideas about freedom of speech and democracy.

At the heart of democracy lies a contradiction that cannot be resolved, one that has affected free societies since their advent: Though freedom of speech and media has always been a necessary condition of democracy, that very freedom is also its greatest threat. When new forms of communication arrive, they often bolster the practices of democratic politics. But the more accessible the media of a society, the more susceptible that society is to demagoguery, distraction, and spectacle. Tracing the history of media disruption and the various responses to it over time, Zac Gershberg and Sean Illing reveal how these changes have challenged democracy—often with unsettling effects. 

The Paradox of Democracy captures the deep connection between communication and political culture, from the ancient art of rhetoric and the revolutionary role of newspapers to liberal broadcast media and the toxic misinformation of the digital public sphere. With clear-eyed analysis, Gershberg and Illing show that our contemporary debates over media, populism, and cancel culture are not too different from the democratic cultural experiences of the past. As we grapple with a fast-changing, hyper-digital world, they prove democracy is always perched precipitously on a razor’s edge, now as ever before.
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front cover of Speaking Up
Speaking Up
The Unintended Costs of Free Speech in Public Schools
Anne Proffitt Dupre
Harvard University Press, 2010

Just how much freedom of speech should high school students have? Does giving children and adolescents a far-reaching right of expression, without joining it to responsibility, ultimately result in an asylum that is run by its inmates?

Since the late 1960s, the United States Supreme Court has struggled to clarify the contours of constitutionally guaranteed freedom of speech rights for students. But as this thought-provoking book contends, these court opinions have pitted students—and their litigious parents—against schools while undermining the schools’ necessary disciplinary authority.

In a clear and lively style, sprinkled with wry humor, Anne Proffitt Dupre examines the way courts have wrestled with student expression in school. These fascinating cases deal with political protest, speech codes, student newspapers, book banning in school libraries, and the long-standing struggle over school prayer. Dupre also devotes an entire chapter to teacher speech rights. In the final chapter on the 2007 “Bong Hits 4 Jesus” case, she asks what many people probably wondered: when the Supreme Court gave teenagers the right to wear black armbands in school to protest the Vietnam War, just how far does this right go? Did the Court also give students who just wanted to provoke their principal the right to post signs advocating drug use?

Each chapter is full of insight into famous decisions and the inner workings of the courts. Speaking Up offers eye-opening history for students, teachers, lawyers, and parents seeking to understand how the law attempts to balance order and freedom in schools.

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The Taming of Free Speech
America’s Civil Liberties Compromise
Laura Weinrib
Harvard University Press, 2016

In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy.

The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain.

America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

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The War on Words
Slavery, Race, and Free Speech in American Literature
Michael T. Gilmore
University of Chicago Press, 2010

How did slavery and race impact American literature in the nineteenth century? In this ambitious book, Michael T. Gilmore argues that they were the carriers of linguistic restriction, and writers from Frederick Douglass to Stephen Crane wrestled with the demands for silence and circumspection that accompanied the antebellum fear of disunion and the postwar reconciliation between the North and South.

Proposing a radical new interpretation of nineteenth-century American literature, The War on Words examines struggles over permissible and impermissible utterance in works ranging from Thoreau’s “Civil Disobedience” to Henry James’s The Bostonians. Combining historical knowledge with groundbreaking readings of some of the classic texts of the American past, The War on Words places Lincoln’s Cooper Union address in the same constellation as Margaret Fuller’s feminism and Thomas Dixon’s defense of lynching. Arguing that slavery and race exerted coercive pressure on freedom of expression, Gilmore offers here a transformative study that alters our understanding of nineteenth-century literary culture and its fraught engagement with the right to speak.

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