Freedom of expression in the marketplace of ideas. ([2011])

• Record Type: Book
• Further Information: Note: Douglas M. Fraleigh, Joseph S. Tuman.
• Authors: Fraleigh, Douglas M; Tuman, Joseph S
• Contents: Preface; 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; Conclusion; 2. Historical Perspectives on Freedom of Expression; Free Expression in World Cultures; Freedom of Expression in America: 1600-1917; Conclusion; 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; Conclusion; 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; Conclusion; 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; Conclusion; 6. Hate Speech; The Problem of Hate Speech; Do Speech Codes Violate the First Amendment?; Thinking Critically About Hate Speech Regulation; Conclusion; 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?; Conclusion; 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; Conclusion; 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; Conclusion; 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; Conclusion; 11. Technology and the First Amendment; Medium-Specific Restrictions on Expression: Early History; Theories Used to Justify Broadcast Regulation; Regulation of Internet Communication; Conclusion; 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; Conclusion; 13. Access to Information; A Right of Access to Government Information; Journalists' Privilege; Access to Judicial Proceedings; Conclusion; 14. Copyright and the First Amendment; Copyright Law in the United States; Copyright Law and the First Amendment; Copyright and New Technology; Conclusion; 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; Conclusion; Index; About the Authors;
• Publisher Details: Los Angeles : SAGE Publications, Inc
• Publication Date: 2011
• Extent: 1 online resource (xxii, 445 pages), illustrations
• Subjects: 342.73085; Freedom of expression -- United States -- History; Freedom of speech -- United States; Freedom of speech -- History
• Languages: English
• ISBNs: 9781452223513; 1452223513
• Related ISBNs: 9781412974677
• Notes: Note: Includes bibliographical references and index.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.