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Positive Free Speech

Author: Andrew Kenyon
Publisher: Hart Publishing Limited
ISBN: 9781509908295
Size: 71.54 MB
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Freedom of expression is generally analysed as a bare liberty that should not be constrained by state action. Underpinning rationales for freedom of speech very often imply, however, that the concept also has important positive aspects, and that to be truly 'democratic' the modern polity requires more than negative freedom. In contemporary conditions, this understanding of free speech raises matters such as media diversity or pluralism, the concept of voice and access to the public sphere, access to information, and the need to rethink the audience in relation to public speech. Whether securing positive free speech is a matter of politics or of law, a task for legislatures or for courts, is an open question. On one level, any programme of inculcating positive dimensions of free speech might be understood as inherently polycentric and hence political in character. Yet, a number of Northern European jurisdictions evince enhanced legal recognition for the principle.The aim of this collection of papers is to interrogate the rationales of positive free speech, to consider the political and juridical methods by which it has or may be more fully reflected in the modern state, and to consider the range of practical contexts in which its valorisation has or would have significant implications. The contributors are drawn from an array of European and international jurisdictions. They include academic lawyers, sociologists, and political scientists.

Rights

Author: Tom Campbell
Publisher: Routledge
ISBN: 1134461755
Size: 23.28 MB
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We take rights to be fundamental to everyday life. Rights are also controversial and hotly debated both in theory and practice. Where do rights come from? Are they invented or discovered? What sort of rights are there and who is entitled to them? In this comprehensive introduction, Tom Campbell introduces and critically examines the key philosophical debates about rights. The first part of the book covers historical and contemporary theories of rights, including the origin and variety of rights and standard justifications of them. He considers challenges to rights from philosophers such as Bentham, Burke and Marx. He also examines different theories of rights, such as natural law, social contract, utilitarian and communitarian theories of rights and the philosophers and political theorists associated with them, such as John Stuart Mill, John Rawls, Robert Nozick and Michael Sandel. The second part of the book explores the role of rights-promoting institutions and critically assesses legal rights and international human rights, including the United Nations. The final part of the book examines how philosophies of rights can be applied to freedom of speech, issues of social welfare and the question of self-determination for certain groups or peoples. Rights: A Critical Introduction is essential reading for anyone new to the subject of rights and any student of political philosophy, politics and law.

Sex And The Constitution Sex Religion And Law From America S Origins To The Twenty First Century

Author: Geoffrey R. Stone
Publisher: Liveright Publishing
ISBN: 1631493655
Size: 67.88 MB
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There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

Figures Of Speech

Author: William Turner
Publisher: Berrett-Koehler Publishers
ISBN: 1609944658
Size: 73.20 MB
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Recounting controversial First Amendment cases from the Red Scare era to Citizens United, William Bennett Turner—a Berkeley law professor who has argued three cases before the Supreme Court—shows how we’ve arrived at our contemporary understanding of free speech. His strange cast of heroes and villains, some drawn from cases he has litigated, includes Communists, Jehovah’s Witnesses, Ku Klux Klansmen, the world’s leading pornographer, prison wardens, dogged reporters, federal judges, a computer whiz, and a countercultural comedian. This is a fascinating look at how the scope of our First Amendment freedoms has evolved and the colorful characters behind some of the most important legal decisions of modern times. “Turner tells fascinating stories of unlikely heroes and explains difficult legal issues clearly and concisely, educating and entertaining at the same time.”—Elizabeth Farnsworth, The PBS News Hour

There S No Such Thing As Free Speech And It S A Good Thing Too

Author: Stanley Eugene Fish
Publisher: Oxford University Press on Demand
ISBN: 0195093836
Size: 15.50 MB
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A vigorous debunker of the pieties of both the left and the right, Stanley Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. Fish is Arts and Sciences Professor of English and Professor of Law at Duke University, and the author of many books.

The Soul Of The First Amendment

Author: Floyd Abrams
Publisher: Yale University Press
ISBN: 0300190883
Size: 38.37 MB
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A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

The Harm In Hate Speech

Author: Jeremy Waldron
Publisher: Harvard University Press
ISBN: 0674065085
Size: 48.76 MB
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For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Waldron rejects this view, and makes the case that hate speech should be regulated as part of a commitment to human dignity and to inclusion and respect for members of vulnerable minorities.

A Social Ontology

Author: David Weissman
Publisher: Yale University Press
ISBN: 9780300079036
Size: 73.54 MB
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Moral and social philosophers often assume that humans beings are and ought to be autonomous. This tradition of individualism, or atomism, underlies many of our assumptions about ethics and law; it provides a legitimating framework for liberal democracy and free market capitalism. In this powerful book, David Weissman argues against atomistic ontologies, affirming instead that all of reality is social. Every particular is a system created by the reciprocal causal relations of its parts, he explains. Weissman formulates an original metaphysics of nature that remains true to what is known through the empirical sciences, and he applies his hypothesis to a range of topics in psychology, morals, sociology, and politics. The author contends that systems are sometimes mutually independent, but many systems, and human ones especially, are joined in higher order systems, such as families, friendships, businesses, and states, that are overlapping or nested. Weissman tests this schematic claim with empirical examples in chapters on persons, sociality, and value. He also considers how the scheme applies to particular issues related to deliberation, free speech, conflict, and ecology.

Studying Media Effects On Children And Youth

Author: Program Committee for a Workshop on Improving Research on Interactive Media and Children's Health
Publisher: National Academies Press
ISBN: 0309102758
Size: 37.71 MB
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The presence and intensity of media influences television, radio, music, computers, films, videos, and the Internet are increasingly recognized as an important part of the social ecology of children and youth, and these influences have become more visible and volatile in recent decades. Research that explores the level and effects of media influences calls for measurements of the quantity and character of exposure to a variety of potentially overlapping media sources, an analysis of the content of the media output, and examination of the social context and relationships that are associated with the media experience. Recognizing the importance of this research, the Board on Children, Youth, and Families, under the auspices of the National Research Council and the Institute of Medicine, and with the sponsorship of the Henry J. Kaiser Family Foundation, held a workshop in March 2006. Its purpose was twofold: to examine the quality of the measures used in studies of the effects of media on children's health and development and to identify gaps in both research and practice. The goal was for a variety of experts to consider steps and strategies that could move this research forward and improve its utility for helping parents, practitioners, and policy makers guide young people in navigating a media-rich environment. Studying Media Effects on Children and Youth provides a summary of that discussion, supplemented with information from two papers prepared for the workshop. It begins with an examination of the potential impact of media exposure, followed by a description of the basic research questions and the methods currently used to study them. Methodological questions and challenges and theoretical approaches are described; they are discussed from the perspective of other kinds of epidemiological research. This report closes with a discussion of future directions for the field.