Release on 2011 | by Professor of Politics and Public Policy Katharine Gelber
Getting Free Speech Right
Author: Professor of Politics and Public Policy Katharine Gelber
Pubpsher: Univ. of Queensland Press
"Why are Australians getting free speech Wrong? Australia is the land of the 'Fair Go'. But does this extend to giving everyone the right to speak freely about politics? While most Australians take this vital freedom for granted, in Speech Matters political analyst Katharine Gelber shows why many of Australia's laws and policies are actually damaging our democratic ideals. A council officer shuts down a Sydney art exhibition that challenges the basis for the Iraq war; big day out organisers are attacked for asking attendees not to wear the Australian flag after the Cronulla riots. Gelber investigates a wide range of political expression to discover what value Australians place on free speech: from the national flag, hate speech and anti-terrorism laws to protest, campaigns against corporate actions and provocative art. Gelber considers the rules that regulate our speech and actions alongside the views of everyday Australians on these issues. What Gelber finds is a political culture that is failing free speech. In Australia, powerful companies can silence dissent, and even peaceful protest can be difficult to carry out. Filled with controversial examples to fuel the debate, Speech Matters challenges Australians to rethink freedom of speech. It's time to give everyone a voice in running the country."--Publisher's website.
Release on 2016-11-08 | by Seana Valentine Shiffrin
On Lying, Morality, and the Law
Author: Seana Valentine Shiffrin
Pubpsher: Princeton University Press
To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception. Drawing on legal as well as philosophical arguments, the book defends a series of notable claims—that you may not lie about everything to the "murderer at the door," that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects. Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers.
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.
Voltaire's comment - 'I disapprove of what you say, but I will defend to the death your right to say it' - is frequently quoted by defenders of free speech. Yet it is rare to find someone prepared to defend all freedom of speech, especially if the views expressed are obnoxious or obviously false. So where do the limits lie? How important really is our right to freedom of speech? Here, Nigel Warburton offers a concise guide to the important questions facing modern society about free speech: Should a civilized society set limits on the freedom of speech? How can we square free speech with the sensitivities of religious and minority groups? Does copyright law clash with our right to free speech? And how have new technologies such as the Internet changed the debate? This Very Short Introduction is a thought-provoking, accessible, and up-to-date examination of the liberal assumption that free speech is worth preserving at any cost.
Using several common law jurisdictions, including the United States, Canada, Australia, the United Kingdom, and Europe, this book examines various rationales for freedom of speech and the extent to which the law protects it, the important similarities and differences in jurisprudence, and what these systems can learn from each other.
In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage.
The Unintended Costs of Free Speech in Public Schools
Author: Anne Proffitt Dupre
Pubpsher: Harvard University Press
Describes court cases that have involved the balance between freedom of speech in schools and the need for discipline, discussing such issues as political protests, book banning, prayer, and freedom of speech for teachers.
Now that pornography is on the Internet, its political and social functions have changed. So contends Margret Grebowicz in this imperative philosophical analysis of Internet porn. The production and consumption of Internet porn, in her account, are a symptom of the obsession with self-exposure in today's social networking media, which is, in turn, a symptom of the modern democratic construction of the governable subject as both transparent and communicative. In this first feminist critique to privilege the effects of pornography's Internet distribution rather than what it depicts, Grebowicz examines porn-sharing communities (such as the bestiality niche market) and the politics of putting women's sexual pleasure on display (the "squirting" market) as part of the larger democratic project. Arguing against this project, she shows that sexual pleasure is not a human right. Unlikely convergences between thinkers like Catherine MacKinnon, Jean Baudrillard, Judith Butler, and Jean-François Lyotard allow her to formulate a theory of the relationships between sex, speech, and power that stands as an alternative to such cyber-libertarian mottos as "freedom of speech" and "sexual freedom."