The Double-Edged Sword of Freedom of Speech


Book Description

The author argues that not only Ancient philosophers and political thinkers of the Age of Enlightenment saw the guiding and prominent role of educated elites and their censorship of thoughts and mores of the rest as an important factor in preserving Liberty in society. Such an argument was also an essential part of the Founding Fathers' reasoning. The resulting "Aristocratic Constitution" (in terms of Anti-Federalists) was meant to limit imprudence of the general populace, in particular that which was influenced by the autocratic, Bible-centered political ideology of the Puritan, Calvinist sects. When the paternalistic social model of the Founders was over-throned during the Civil War, which was effectively a coup d'état of the Big Capital supported by Puritans who saw commonalities between their self-reliance doctrine and the new unrestricted predatory capitalism ideology, original mechanisms of the Founders' Constitution had begun to work against Liberty. The firm hold on the power by the union of the Big Capital and Evangelicals was briefly and indecisively interrupted by the Progressivist ideas of the New Deal, but now it is precipitously strengthening again. In such conditions the unrestricted Freedom of Speech and Expressions, guarded not exclusively from the infringements of the Government, but also from the Special Interest Groups and individuals, is the only way to save our deteriorating Liberty.




Freedom Is a Two-Edged Sword


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Persona Non Grata


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From an acclaimed professor and former advisor to Prime Minister Stephen Harper, a passionate and edgy defense of free speech in Canada, and the role the internet plays in the issue. In February 2013, Tom Flanagan, acclaimed academic, University of Calgary professor, and former advisor to Prime Minister Stephen Harper, made comments surrounding the issue of viewing child pornography that were tweeted from the event he was speaking at and broadcast worldwide. In the time it took to drive from Lethbridge to his home in Calgary, Flanagan's career and reputation were virtually in tatters. Every media outlet made the story front-page news, most of them deriding Flanagan and casting him as a pariah. He was made to apologize publicly for his use of words but the bottom line was that Tom Flanagan simply sounded an opinion (he in no way whatsoever suggested that he was anything but virulantly opposed to child pornography) in an academic setting. In effect, his university, several of his colleagues, and much of the media, including the CBC -- and most of Canada! -- made him persona non grata. This book is two things: The author's side of the story, and what he endured during what he calls "The Incident," and a passionate and convincing defense of free speech, not just in Canada but everywhere. While Flanagan's is hardly the first book on the subject, what makes this book different is the component of the internet, a tool that is very much a double-edged sword when it comes to freedom of expression--it allows people to have an unfiltered voice to say what they want, but it also allows those to use it to be judge, jury and executioner against those whose opinions they disagree with. The book is also a sobering look into the kind of political correctness that has become a staple in the academic world. What happened to the author illustrates important tendencies in contemporary Canada threatening freedom of speech and discussion, and how the new technology is playing an increasing and menacing role.




The Irony of Free Speech


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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.




Free Speech


Book Description

In America we like to think we live in a land of liberty, where everyone can say whatever they want. Throughout our history, however, we have also been quick to censor people who offend or frighten us. We talk a good game about freedom of speech, then we turn around and deny it to others. In this brief but bracing book, historian Jonathan Zimmerman and Pulitzer Prize-winning cartoonist Signe Wilkinson tell the story of free speech in America: who established it, who has denounced it, and who has risen to its defense. They also make the case for why we should care about it today, when free speech is once again under attack.Across the political spectrum, Americans have demanded the suppression of ideas and images that allegedly threaten our nation. But the biggest danger to America comes not from speech but from censorship, which prevents us fromfreely governing ourselves. Free speech allows us to criticize our leaders. It lets us consume the art, film, and literature we prefer. And, perhaps most importantly, it allows minorities to challenge the oppression they suffer. While any of us are censored, none of us are free.




Free Speech in an Open Society


Book Description

"Should we tolerate speech designed to spread intolerance? As we grope for a response, we find our constitutional and moral imperatives for tolerance and equality in conflict with the equally imperative value of free speech. This is but one of the many such pressing issues dealt with in this timely, important book." "Exploring the question "What should freedom of speech mean in a democracy?," Rodney Smolla argues that it is a value of overarching significance. Freedom of speech, he says, is not merely an aid to self-governance, but is uniquely connected to all that defines the human spirit--to imagination, creativity, enterprise, rationality, love, worship, and wonder." "In a complex modern society, freedom of speech is constantly threatened by other social interests and values, which often seem more important in the short term: national security, personal reputation and privacy, eliminating racism and sexism, instilling values of decency and tolerance in children, controlling the corrupting influences of money on the political process, and bringing order to global electronic communications--all worthy social interests." "Smolla shows how even seemingly reasonable regulation of speech tends to progress inexorably toward censorship. He takes on the difficult issue of Who Decides, and he analyzes symbolic and violent dissent, and the "clear and present danger" doctrine. He probes the disturbing issues of hate speech, obscenity, tolerating intolerance, and truth and falsehood in political campaigns. He looks at personal confidentiality, ponders the possible criteria for creating an objective definition of newsworthiness and public speech--especially with reference to governmental funding of the arts, education, and broadcasting--and explores the implications of the Noriega case, Persian Gulf censorship issues, attempts to export the American concept of free speech, and the challenge of new technologies." "Throughout, the discussion of pros and cons is balanced, yet Smolla helps us see clearly why we should defend vigorously our endangered First Amendment rights."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved




Striking a Balance


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Free Speech, Religion and the United Nations


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This book explores the political struggle to interpret and define the meaning, the scope and the implications of human rights norms in general and freedom of expression in particular. From the Rushdie affair and the Danish cartoon affair to the Charlie Hebdo massacre and draconian legislation against blasphemy worldwide, the tensions between free speech ideals and religious sensitivities have polarized global public opinion and the international community of states, triggering fierce political power struggles in the corridors of the UN. Inspired by theories of norm diffusion in International Relations, Skorini investigates how the struggle to define the limits of free speech vis-à-vis religion unfolds within the UN system. Revealing how human rights terminology is used and misused, the book also considers how the human rights vision paradoxically contains the potential to justify human rights violations in practice. The author explains how states exercise power within the field of international human rights politics and how non-democratic states strategically apply mainstream human rights language and secular human rights law in order to justify authoritarian religious censorship norms both nationally and internationally. This interdisciplinary book will appeal to scholars and students researching international human rights, religion and politics. The empirical chapters are also relevant for professionals and activists within the field of human rights.




The First Freedom


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A history of free speech in our country from earliest times to some of the controversial court cases of today involving school demonstrations and the right of Nazis to march.




The Oxford Handbook of Freedom of Speech


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Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.