This book analyzes the broad range of Supreme Court cases that concern the protection of art and free speech under the First Amendment. Finding that debates about free expression (whether in speech or art) swirl around sex and cultural blasphemy, Randall P. Bezanson tracks and interprets the Court's decisions on film, nude dancing, music, painting, and other visual expressions.
Showing how the Court has dealt with judgments of art, quality, meaning, and how to distinguish types of speech and expression, Bezanson explores issues as diverse as homosexuality in the Boy Scouts, gay and lesbian parade floats, 2 Live Crew's alleged copyright infringement, National Endowment for the Arts grants and diversity, dangerous art, and screenings of the film Carnal Knowledge. In considering the transformative meaning of art, the importance of community judgments, and the definition of speech in Court rulings, Bezanson focuses on the fundamental questions underlying the discussion of art as protected free speech: What are the boundaries of art? What are the limits on the government's role as supporter and "patron" of the arts? And what role, if any, may core social values of decency, respect, and equality play in limiting the production or distribution of art?
Accessibly written and evocatively argued, Art and Freedom of Speech explores these questions and concludes with the argument that, for legal purposes, art should be absolutely free under the First Amendment--in fact, even more free than other forms of speech.
In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent.
The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition.
The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record.
The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.
Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement.
Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories.
Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place.
Hugh M. Hefner’s legacy of enduring free speech and free press values is embodied in the Hugh M. Hefner First Amendment Awards, established in 1979, which honor leading First Amendment scholars and advocates. Hefner also had a lifelong interest in film censorship issues and supported teaching about them at the University of Southern California for 20 years. His deep commitment to these values was confirmed when the author was granted unrestricted access to over 3,000 personal scrapbooks, which Hefner had kept in order to track free speech and press issues during his lifetime.
The format of the book is an homage to the in-depth conversational interviews Hefner pioneered as the editor and publisher of Playboy magazine. Stuart Brotman conducted in-person conversations with eight persons who in their lifetimes have come to represent a “greatest generation” of free speech and free press scholars and advocates. Notably, these conversations include:
Geoffrey R. Stone
Floyd Abrams
Nadine Strossen
Burt Neuborne
David D. Cole
Lucy A. Dalglish
Bob Corn-Revere
Rick Jewell
American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy.
From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories.
Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.
New Threats to Freedom
In the twentieth century, free people faced a number of mortal threats,ranging from despotism, fascism,
and communism to the looming menace of global terrorism. While the struggle against some of these overt dangers continues, some insidious new threats seem to have slipped past our intellectual defenses. These often unchallenged threats are quietly eroding our hard-won freedoms and, in some cases, are widely accepted as beneficial.
In New Threats to Freedom, editor and author Adam Bellow has assembled an all-star lineup of innovative thinkers to challenge these insidious new threats. Some leap into already raging debates on issues such as Sharia law in the West, the rise of transnationalism, and the regulatory state. Others turn their attention to less obvious threats, such as the dogma of fairness, the failed promises of the blogosphere, and the triumph of behavioral psychology.
These threats are very real and very urgent, yet this collection avoids projecting an air of doom and gloom. Rather, it provides a blueprint for intellectual resistance so that modern defenders of liberty may better understand their enemies, more effectively fight to preserve the meaning of freedom, and more surely carry its light to a new generation.
What are the new threats to freedom?
when has authority not claimed, when imposing trammels and curbs on liberty, that it does so for a wider good and a greater happiness?” —Christopher Hitchens
“The regulatory state amounts to a regressive tax that penalizes small independent producers and protects
the status quo.” —Max Borders
“Europe tends to favor stability over democracy, America democracy over stability.” —Daniel Hannan
“The value of free expression is perceived to be at odds with goals that were considered ‘more important,’ like inclusiveness, diversity, nondiscrimination, and tolerance.” —Greg Lukianoff
“The masses cannot ultimately be free: only the individual can be.” —Robert D. Kaplan
“That old bugbear of postwar sociology—the mob-self—is now a reality. In a participatory/popularity culture, the freedom to think and act for ourselves becomes harder and harder to achieve.” —Lee Siegel
“As traditional marriage declines, the ranks of single women are growing, and increasingly these women are substituting the security of a husband with the security of the state.” —Jessica Gavora
“Ending the freedom to fail is a mean-spirited attack on the freedom to succeed.” —Michael Goodwin
“The only solution to the new threats to American press freedom lies in organized resistance.” —Katherine Mangu-Ward
“The new behaviorism isn’t interested in protecting people’s freedom to choose; on the contrary, its core principle is the idea that only by allowing an expert elite to limit choice can individuals learn to break their bad habits.” —Christine Rosen
“There’s a world of Travis Bickles out there, and they’re not driving cabs. They’re reading blogs.” —Ron Rosenbaum
“The first amendment ensures not that speech will be fair, but that it will be free. It cannot be both.” —David Mamet
Join the conversation about these issues at www.newthreatstofreedom.com
Over the course of the nineteenth century in both Europe and the United States, the state usurped the traditional authority of the church in regulating sexual expression and behavior. In the same century philosophers of classical liberalism identified that state function as a threat to individual liberty. Since then, liberalism has provided the framework for debates over obscenity around the globe.
Shakespeare lived in a world of absolutes—of claims for the absolute authority of scripture, monarch, and God, and the authority of fathers over wives and children, the old over the young, and the gentle over the baseborn. With the elegance and verve for which he is well known, Stephen Greenblatt, author of the best-selling Will in the World, shows that Shakespeare was strikingly averse to such absolutes and constantly probed the possibility of freedom from them. Again and again, Shakespeare confounds the designs and pretensions of kings, generals, and churchmen. His aversion to absolutes even leads him to probe the exalted and seemingly limitless passions of his lovers.
Greenblatt explores this rich theme by addressing four of Shakespeare’s preoccupations across all the genres in which he worked. He first considers the idea of beauty in Shakespeare’s works, specifically his challenge to the cult of featureless perfection and his interest in distinguishing marks. He then turns to Shakespeare’s interest in murderous hatred, most famously embodied in Shylock but seen also in the character Bernardine in Measure for Measure. Next Greenblatt considers the idea of Shakespearean authority—that is, Shakespeare’s deep sense of the ethical ambiguity of power, including his own. Ultimately, Greenblatt takes up Shakespearean autonomy, in particular the freedom of artists, guided by distinctive forms of perception, to live by their own laws and to claim that their creations are singularly unconstrained.
A book that could only have been written by Stephen Greenblatt, Shakespeare’s Freedom is a wholly original and eloquent meditation by the most acclaimed and influential Shakespearean of our time.
READERS
Browse our collection.
PUBLISHERS
See BiblioVault's publisher services.
STUDENT SERVICES
Files for college accessibility offices.
UChicago Accessibility Resources
home | accessibility | search | about | contact us
BiblioVault ® 2001 - 2024
The University of Chicago Press