The Forging of Freedom of Speech


Book Description

The Forging of Freedom of Speech offers a fascinating new perspective on early Congressional debates bearing on freedom of expression. The application of fallacy theory achieves an interdisciplinary perspective that is novel in the study of this formative period in American history.




Free Speech and Censorship Around the Globe


Book Description

This book focuses on regulatory challenges of creating and sustaining freedom of speech and freedom of information two decades after the fall of the Berlin wall, in global, comparative context. Some chapters overview, others address specific issues, or describe country case studies. Instead of trying to provide an exhaustive assessment which in one volume might not reach deeper analyzes of contextual details, this book will shed light on and help better understanding of general challenges for freedom of speech and information through varying comparative examples and highlighting important regulatory questions.




Revolutionary Dissent


Book Description

When members of the founding generation protested against British authority, debated separation, and then ratified the Constitution, they formed the American political character we know today-raucous, intemperate, and often mean-spirited. Revolutionary Dissent brings alive a world of colorful and stormy protests that included effigies, pamphlets, songs, sermons, cartoons, letters and liberty trees. Solomon explores through a series of chronological narratives how Americans of the Revolutionary period employed robust speech against the British and against each other. Uninhibited dissent provided a distinctly American meaning to the First Amendment's guarantees of freedom of speech and press at a time when the legal doctrine inherited from England allowed prosecutions of those who criticized government. Solomon discovers the wellspring in our revolutionary past for today's satirists like Jon Stewart and Stephen Colbert, pundits like Rush Limbaugh and Keith Olbermann, and protests like flag burning and street demonstrations. From the inflammatory engravings of Paul Revere, the political theater of Alexander McDougall, the liberty tree protests of Ebenezer McIntosh and the oratory of Patrick Henry, Solomon shares the stories of the dissenters who created the American idea of the liberty of thought. This is truly a revelatory work on the history of free expression in America.




Free Speech and Unfree News


Book Description

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.




A Book Forged in Hell


Book Description

When it appeared in 1670, Baruch Spinoza's Theological-Political Treatise was denounced as the most dangerous book ever published. Religious and secular authorities saw it as a threat to faith, social and political harmony, and everyday morality, and its author was almost universally regarded as a religious subversive and political radical who sought to spread atheism throughout Europe. Steven Nadler tells the story of this book: its radical claims and their background in the philosophical, religious, and political tensions of the Dutch Golden Age, as well as the vitriolic reaction these ideas inspired. A vivid story of incendiary ideas and vicious backlash, A Book Forged in Hell will interest anyone who is curious about the origin of some of our most cherished modern beliefs--Jacket p. [2].




The Great Dissent


Book Description

Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero.




Friend of the Court


Book Description

Since 1971, when the Pentagon Papers were leaked to the New York Times and furious debate over First Amendment rights ensued, free-speech cases have emerged in rapid succession. Floyd Abrams has been on the front lines of nearly every one of these major cases, which is also to say that, more than any other person, he has forged this country’s legal understanding of free speech. Litigating everything from national-security and prior-restraint issues to controversies concerning the law of libel and attempts by local officials to censor art, Abrams has worked devotedly to protect the First Amendment, the “crown jewel” of America’s Constitution. This collection of Abrams’s writings gathers speeches, articles, debates, briefs, oral arguments, and testimony from his entire career. The writings illuminate topics of ongoing import: WikiLeaks, the correctness of the Citizens United case, journalist shield laws, and, not least, the responsibilities of the press. An exceptional writer and a brilliant thinker, Abrams offers a unique perspective on the First Amendment and the unparalleled rights it confers.




Freedom's Forge


Book Description

NEW YORK TIMES BESTSELLER • SELECTED BY THE ECONOMIST AS ONE OF THE BEST BOOKS OF THE YEAR “A rambunctious book that is itself alive with the animal spirits of the marketplace.”—The Wall Street Journal Freedom’s Forge reveals how two extraordinary American businessmen—General Motors automobile magnate William “Big Bill” Knudsen and shipbuilder Henry J. Kaiser—helped corral, cajole, and inspire business leaders across the country to mobilize the “arsenal of democracy” that propelled the Allies to victory in World War II. Drafting top talent from companies like Chrysler, Republic Steel, Boeing, Lockheed, GE, and Frigidaire, Knudsen and Kaiser turned auto plants into aircraft factories and civilian assembly lines into fountains of munitions. In four short years they transformed America’s army from a hollow shell into a truly global force, laying the foundations for the country’s rise as an economic as well as military superpower. Freedom’s Forge vividly re-creates American industry’s finest hour, when the nation’s business elites put aside their pursuit of profits and set about saving the world. Praise for Freedom’s Forge “A rarely told industrial saga, rich with particulars of the growing pains and eventual triumphs of American industry . . . Arthur Herman has set out to right an injustice: the loss, down history’s memory hole, of the epic achievements of American business in helping the United States and its allies win World War II.”—The New York Times Book Review “Magnificent . . . It’s not often that a historian comes up with a fresh approach to an absolutely critical element of the Allied victory in World War II, but Pulitzer finalist Herman . . . has done just that.”—Kirkus Reviews (starred review) “A compulsively readable tribute to ‘the miracle of mass production.’ ”—Publishers Weekly “The production statistics cited by Mr. Herman . . . astound.”—The Economist “[A] fantastic book.”—Forbes “Freedom’s Forge is the story of how the ingenuity and energy of the American private sector was turned loose to equip the finest military force on the face of the earth. In an era of gathering threats and shrinking defense budgets, it is a timely lesson told by one of the great historians of our time.”—Donald Rumsfeld




The Case Against Free Speech


Book Description

A hard-hitting expose that shines a light on the powerful conservative forces that have waged a multi-decade battle to hijack the meaning of free speech--and how we can reclaim it. There's a critical debate taking place over one of our most treasured rights: free speech. We argue about whether it's at risk, whether college students fear it, whether neo-Nazis deserve it, and whether the government is adequately upholding it. But as P. E. Moskowitz provocatively shows in The Case Against Free Speech, the term has been defined and redefined to suit those in power, and in recent years, it has been captured by the Right to push their agenda. What's more, our investment in the First Amendment obscures an uncomfortable truth: free speech is impossible in an unequal society where a few corporations and the ultra-wealthy bankroll political movements, millions of voters are disenfranchised, and our government routinely silences critics of racism and capitalism. Weaving together history and reporting from Charlottesville, Skokie, Standing Rock, and the college campuses where student protests made national headlines, Moskowitz argues that these flash points reveal more about the state of our democracy than they do about who is allowed to say what. Our current definition of free speech replicates power while dissuading dissent, but a new ideal is emerging. In this forcefully argued, necessary corrective, Moskowitz makes the case for speech as a tool--for exposing the truth, demanding equality, and fighting for all our civil liberties.




No Law


Book Description

The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.