This book addresses current free expression issues and analyzes the historical and legal contexts for the First Amendment. Designed for communication and political science courses in freedom of speech, this text encourages students to think critically about freedom of speech and provides a comprehensive analysis of the historical and legal contexts of the first amendment, from its early foundations through censorship on the Internet. This book explores the worldwide history of freedom of expression and examines classic and contemporary judicial opinions which have determined freedom of speech rights in the U.S. This text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. KEY FEATURES & BENEFITS: - Focuses on landmark Supreme Court free expression decisions and covers follow-up cases that extend and apply these decisions (via significant excerpts from actual cases) so that students can consider the effect of decisions on freedom of expression and the competing values at stake in these cases. - Covers freedom of expression topics in both speech and mediated situations, with comprehensive coverage of such topics obscenity; fighting words and hate speech; national security; invasion of privacy; defamation.
Joseph S. Tuman (J.D., University of California, Berkeley; B.A., political science, University of California, Berkeley) is Professor of Political and Legal Communications at San Francisco State University, where he regularly teaches upper-division courses in rhetoric and terrorism, political and legal communication, argumentation & advocacy, and technology and human communication. A past recipient of the Jacobus tenBroek Society Award for Teaching Excellence, Professor Tuman has also taught at the University of California, St. Mary's College, the New School for Social esearch, and Paris II, the top law school in France. He is the author of Political Communication in American Campaigns(SAGE, (c)2008) and the co-author of numerous books, including Freedom of Speech in the Marketplace of Ideas and of The Bedford/St. Martin's Guide to Public Speaking; he has also been the journal editor of Contemporary Argumentation & Debate: The Journal of the Cross Examination Debate Association. His work has been featured in news publications such as the New York Times, Los Angeles Times and the San Francisco Chronicle, and he has served as a network analyst for news programs on ABC, NBC, CNN and CNN International, FOX and the BBC. He currently appears as a regular political commentator for CBS in the western United States.
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
