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Freedom of Expression in the Marketplace of Ideas

Freedom of Expression in the Marketplace of Ideas

August 2010 | 472 pages | SAGE Publications, Inc
This book addresses current free expression issues and analyzes the historical and legal contexts for the First Amendment.

Designed for communication and political science courses in freedom of speech, this text encourages students to think critically about freedom of speech and provides a comprehensive analysis of the historical and legal contexts of the first amendment, from its early foundations through censorship on the Internet. This book explores the worldwide history of freedom of expression and examines classic and contemporary judicial opinions which have determined freedom of speech rights in the U.S.

This text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses.


- Focuses on landmark Supreme Court free expression decisions and covers follow-up cases that extend and apply these decisions (via significant excerpts from actual cases) so that students can consider the effect of decisions on freedom of expression and the competing values at stake in these cases.

- Covers freedom of expression topics in both speech and mediated situations, with comprehensive coverage of such topics obscenity; fighting words and hate speech; national security; invasion of privacy; defamation.

List of Court Cases
1. Introduction to Freedom of Expression and the American Legal System
The Nature of Freedom of Speech  
How Free Expression Rights Are Determined  
Justifications and Critiques of Freedom of Expression  
2. Historical Perspectives on Freedom of Expression
Free Expression in World Cultures  
Freedom of Expression in America: 1600-1917  
3. Incitement to Illegal Conduct and True Threats
The Clear and Present Danger Test  
The Gitlow Decision Protects Freedom of Speech From State Abridgement  
Freedom of Speech for Communists: Clear and Present Danger?  
Brandenburg v. Ohio: Strengthening Protection of Speech  
The Brandenburg Rule and Contemporary Communication  
Distinguishing Incitement From True Threats  
4. National Security and Freedom of Expression
A National Security Exception to the Constitution?  
Government Efforts to Limit Free Expression in Wartime  
Government Practices That Keep Information Secret  
Government Surveillance of Its Citizens  
5. Fighting Words and the Categorical Exceptions Doctrines
The Categorical Exceptions and Fighting Words Doctrines Are Announced in Chaplinsky  
The Fighting Words Definition is Refined in Terminiello  
The Definition of Fighting Words is Narrowed  
R.A.V. v. City of St.Paul: Fighting Words and Categorical Exceptions Doctrines Live On  
6. Hate Speech
The Problem of Hate Speech  
Do Speech Codes Violate the First Amendment?  
Thinking Critically About Hate Speech Regulation  
7. Defamation: First Amendment Issues
New York Times v. Sullivan: The Actual Malice Rule  
The New York Times Rule: Application of the Actual Malice Test  
The New York Times Rule: Proof of Actual Malice  
Beyond New York Times v. Sullivan: Additional First Amendment Protections  
Has the Actual Malice Rule Served Its Purpose?  
8. Obscenity and Child Pornography
Obscenity Not Protected by the First Amendment  
1957-1973: The Supreme Court Struggles With Meaning of Obscenity  
Court Majority Agrees on Obscenity  
Does Context Influence Constitutional Protection?  
Critical Thinking About Obscenity  
Distinguishing Obscenity From Child Pornography  
9. Time, Place, and Manner Restrictions
Historical Developments  
The Modern Time, Place, and Manner Test  
The Forums Held in Trust for Public Expression  
Time, Place, or Manner Rules: Noteworthy Controversies  
10. Symbolic Expression
The Benefits of Symbolic Expression  
The Definitions of Symbolic Expression  
The Test for Constitutional Protection of Symbolic Expression  
Restrictions Related to Suppression: The Flag Burning Issue  
11. Technology and the First Amendment
Medium-Specific Restrictions on Expression: Early History  
Theories Used to Justify Broadcast Regulation  
Regulation of Internet Communication  
12. Privacy and Free Speech
Privacy and the Search for Penumbral Rights  
The Right to Privacy in One's Self  
The Right to Privacy Within the Home  
Balancing a Right to Persuade With a Right to Privacy in Public Spaces Outside the Home  
The Right to Informational Privacy  
13. Access to Information
A Right of Access to Government Information  
Journalists' Privilege  
Access to Judicial Proceedings  
14. Copyright and the First Amendment
Copyright Law in the United States  
Copyright Law and the First Amendment  
Copyright and New Technology  
15. International and Comparative Perspectives on Freedom of Expression
The Global Freedom of Expression Landscape  
Cultural Values and Free Expression Rights  
Judicial Decisions on Freedom of Expression  
Twenty-First Century Technology and International Freedom of Expression  
About the Authors

Excellent book as it relates to media theory.

Dr Daniel Hodge
Social Behavioral Sciences Dep, Citrus College
June 16, 2010

Sample Materials & Chapters

4. National Security and Freedom of Expression

6. Hate Speech

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ISBN: 9781412974677

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