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This book provides a comprehensive and impartial overview of laws and norms regarding free speech and censorship in the United States, with a particular focus on free speech rights and restrictions for individuals, politicians, corporations, and news organizations. Free Speech and Censorship: Examining the Facts is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. This volume examines beliefs, claims, and myths about free speech and censorship issues in American society, including…mehr
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This book provides a comprehensive and impartial overview of laws and norms regarding free speech and censorship in the United States, with a particular focus on free speech rights and restrictions for individuals, politicians, corporations, and news organizations. Free Speech and Censorship: Examining the Facts is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. This volume examines beliefs, claims, and myths about free speech and censorship issues in American society, including landmark court decisions and evolving cultural values that have shaped our understanding of the First Amendment and the liberties it enshrines and protects. Specific chapters in the volume explore basic principles of free speech; unprotected types of speech; conditionally protected speech; restrictions and regulations governing protected speech; free speech limitations in school settings; the corrosive impact of politicians and social media platforms that spread distortions and falsehoods under free speech pretexts; and free speech as a general cultural ideal. Together, these chapters will provide readers with a thorough and accurate grounding in their First Amendment rights and responsibilities.
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Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Produktdetails
- Produktdetails
- Verlag: Bloomsbury Publishing plc
- Seitenzahl: 232
- Erscheinungstermin: 31. Mai 2019
- Englisch
- Abmessung: 240mm x 161mm x 17mm
- Gewicht: 519g
- ISBN-13: 9781440861796
- ISBN-10: 144086179X
- Artikelnr.: 56630766
- Verlag: Bloomsbury Publishing plc
- Seitenzahl: 232
- Erscheinungstermin: 31. Mai 2019
- Englisch
- Abmessung: 240mm x 161mm x 17mm
- Gewicht: 519g
- ISBN-13: 9781440861796
- ISBN-10: 144086179X
- Artikelnr.: 56630766
H. L. Pohlman is professor of political science at Dickinson College and director of the school's Law and Public Service program.
How to Use This Book Introduction 1 Basic Principles of Free Speech Q1. Is
free speech a "fundamental" constitutional right and, if so, why? Q2. Does
the constitutional right of free speech only include the right to speak and
publish? Q3. Is free speech an "absolute" constitutional right? Q4. Do
corporations have many of the free-speech rights that natural-born U.S.
citizens have? Q5. Does the federal constitutional right to freedom of
speech limit how states can restrict an individual's right of
self-expression? Q6. If a law that prohibits speech contains language that
is "vague" and "overly broad," can a speaker who is not protected by
freedom of speech challenge it as a violation of the constitutional right
of free speech? Q7. Is freedom of speech only a limited individual right to
engage in constitutionally protected speech? Q8. If freedom of speech
prohibits government from either engaging in "content" or "viewpoint"
discrimination or violating the free-speech rights of an individual, is it
also an American cultural and societal ideal? 2 Unprotected Speech Q9. Is
it consistent with the constitutional right of free speech to convict
someone of a "threat" even if he or she has no intention of carrying it
out? Q10. Are any face-to-face insults of another person excluded from free
speech? Q11. If "libel" is excluded from the scope of freedom of speech,
does this category include all "falsehoods" that "harm" another person's
"reputation"? Q12. If expressive material is excluded from First Amendment
protection on the ground that it is "obscene," does this judgment imply
that the material in question is "utterly without redeeming social value"?
Q13. If a work of "child pornography" has "serious artistic value" and is
therefore not "obscene," is it still excluded from the scope of the
constitutional right of free speech? 3 Conditionally Protected Speech Q14.
Can the government punish unlawful advocacy if the illegal act does not
occur? Q15. Does freedom of speech and association protect someone from
criminal liability if he or she organizes or joins a group advocating the
violent overthrow of government? Q16. Does freedom of speech protect "hate
speech" that denigrates people on the basis of their race, ethnicity,
religion, sex, or sexual orientation? Q17. If "harassment" is neither a
"true threat" nor a "fighting word," can the state nonetheless punish such
expressive behavior? Q18. Can an employer be subject to civil liability or
an employee sanctioned for expressive conduct that does not constitute
criminal harassment, but creates a "hostile" or "offensive" work
environment? Q19. Can the federal government withdraw financial assistance
from institutions of higher education if they fail to stop students from
engaging in "harassment" of other students based on race, color, national
origin, or sex? Q20. Can the state impose criminal or civil liability on a
speaker who publishes private information about someone else, perhaps for
the purpose of "harassing" him or her? Q21. Can the government prohibit
physical conduct that has an expressive or symbolic dimension? 4 Regulation
of Protected Speech Q22. Can the state generally prohibit "indecent" or
"offensive" speech? Q23. If films, books, and magazines contain graphic
representations of sexual activity, but are not "obscene" according to the
Supreme Court's definition, can the government nonetheless regulate them?
Q24. Is it consistent with freedom of speech to regulate some forms of
expressive nudity? Q25. Does freedom of speech permit the state to impose
civil liability on someone who intentionally inflicts emotional distress on
another by engaging in callous and malicious humor or extremely offensive
speech that knowingly causes pain and humiliation? Q26. Can the government
regulate speech that occurs on public property? Q27. Does a member of an
audience at a public speaking event or an attendee at a political
demonstration or protest have a free-speech right to "heckle" a speaker or
disrupt the event? 5 Free Speech and the Individual's Place in Society
Q28. Does a student attending a public high school have the same
free-speech rights inside and outside of the school? Q29. Do students
attending public colleges and universities have more free-speech rights
than public high school students? Q30: Can a state or the federal
government impose limits on the free-speech rights of an employee above and
beyond those imposed on the ordinary citizen? Q31. If the government
provides an employee with access to classified information, can the
government sanction an employee if he or she improperly discloses the
information to someone not authorized to receive it? Q32. Does a journalist
have more free-speech rights than the ordinary citizen because the First
Amendment prohibits Congress from "abridging" not only "freedom of speech,"
but also the freedom "of the press"? 6 Free Speech as a Cultural Ideal
Q33. Is there an authoritative source to decide what types of expressive
activities are protected under the American cultural ideal of freedom of
speech and what types are not? Q34. Is it consistent with the cultural
ideal of freedom of speech to morally criticize a speaker who
intentionally, recklessly, or negligently spreads falsehoods or so-called
fake news? Q35. Does moral criticism of a speaker who engages in speech
that "denigrates" or "stereotypes" others on the basis of race, sex,
ethnicity, religion, or sexual orientation violate the American cultural
ideal of freedom of speech in all contexts? Q36. Do privately owned social
media companies, such as Facebook or Twitter, have a moral obligation to
respect the American cultural ideal of freedom of speech by excluding "fake
news" from their communications platforms? Index About the Author
free speech a "fundamental" constitutional right and, if so, why? Q2. Does
the constitutional right of free speech only include the right to speak and
publish? Q3. Is free speech an "absolute" constitutional right? Q4. Do
corporations have many of the free-speech rights that natural-born U.S.
citizens have? Q5. Does the federal constitutional right to freedom of
speech limit how states can restrict an individual's right of
self-expression? Q6. If a law that prohibits speech contains language that
is "vague" and "overly broad," can a speaker who is not protected by
freedom of speech challenge it as a violation of the constitutional right
of free speech? Q7. Is freedom of speech only a limited individual right to
engage in constitutionally protected speech? Q8. If freedom of speech
prohibits government from either engaging in "content" or "viewpoint"
discrimination or violating the free-speech rights of an individual, is it
also an American cultural and societal ideal? 2 Unprotected Speech Q9. Is
it consistent with the constitutional right of free speech to convict
someone of a "threat" even if he or she has no intention of carrying it
out? Q10. Are any face-to-face insults of another person excluded from free
speech? Q11. If "libel" is excluded from the scope of freedom of speech,
does this category include all "falsehoods" that "harm" another person's
"reputation"? Q12. If expressive material is excluded from First Amendment
protection on the ground that it is "obscene," does this judgment imply
that the material in question is "utterly without redeeming social value"?
Q13. If a work of "child pornography" has "serious artistic value" and is
therefore not "obscene," is it still excluded from the scope of the
constitutional right of free speech? 3 Conditionally Protected Speech Q14.
Can the government punish unlawful advocacy if the illegal act does not
occur? Q15. Does freedom of speech and association protect someone from
criminal liability if he or she organizes or joins a group advocating the
violent overthrow of government? Q16. Does freedom of speech protect "hate
speech" that denigrates people on the basis of their race, ethnicity,
religion, sex, or sexual orientation? Q17. If "harassment" is neither a
"true threat" nor a "fighting word," can the state nonetheless punish such
expressive behavior? Q18. Can an employer be subject to civil liability or
an employee sanctioned for expressive conduct that does not constitute
criminal harassment, but creates a "hostile" or "offensive" work
environment? Q19. Can the federal government withdraw financial assistance
from institutions of higher education if they fail to stop students from
engaging in "harassment" of other students based on race, color, national
origin, or sex? Q20. Can the state impose criminal or civil liability on a
speaker who publishes private information about someone else, perhaps for
the purpose of "harassing" him or her? Q21. Can the government prohibit
physical conduct that has an expressive or symbolic dimension? 4 Regulation
of Protected Speech Q22. Can the state generally prohibit "indecent" or
"offensive" speech? Q23. If films, books, and magazines contain graphic
representations of sexual activity, but are not "obscene" according to the
Supreme Court's definition, can the government nonetheless regulate them?
Q24. Is it consistent with freedom of speech to regulate some forms of
expressive nudity? Q25. Does freedom of speech permit the state to impose
civil liability on someone who intentionally inflicts emotional distress on
another by engaging in callous and malicious humor or extremely offensive
speech that knowingly causes pain and humiliation? Q26. Can the government
regulate speech that occurs on public property? Q27. Does a member of an
audience at a public speaking event or an attendee at a political
demonstration or protest have a free-speech right to "heckle" a speaker or
disrupt the event? 5 Free Speech and the Individual's Place in Society
Q28. Does a student attending a public high school have the same
free-speech rights inside and outside of the school? Q29. Do students
attending public colleges and universities have more free-speech rights
than public high school students? Q30: Can a state or the federal
government impose limits on the free-speech rights of an employee above and
beyond those imposed on the ordinary citizen? Q31. If the government
provides an employee with access to classified information, can the
government sanction an employee if he or she improperly discloses the
information to someone not authorized to receive it? Q32. Does a journalist
have more free-speech rights than the ordinary citizen because the First
Amendment prohibits Congress from "abridging" not only "freedom of speech,"
but also the freedom "of the press"? 6 Free Speech as a Cultural Ideal
Q33. Is there an authoritative source to decide what types of expressive
activities are protected under the American cultural ideal of freedom of
speech and what types are not? Q34. Is it consistent with the cultural
ideal of freedom of speech to morally criticize a speaker who
intentionally, recklessly, or negligently spreads falsehoods or so-called
fake news? Q35. Does moral criticism of a speaker who engages in speech
that "denigrates" or "stereotypes" others on the basis of race, sex,
ethnicity, religion, or sexual orientation violate the American cultural
ideal of freedom of speech in all contexts? Q36. Do privately owned social
media companies, such as Facebook or Twitter, have a moral obligation to
respect the American cultural ideal of freedom of speech by excluding "fake
news" from their communications platforms? Index About the Author
How to Use This Book Introduction 1 Basic Principles of Free Speech Q1. Is
free speech a "fundamental" constitutional right and, if so, why? Q2. Does
the constitutional right of free speech only include the right to speak and
publish? Q3. Is free speech an "absolute" constitutional right? Q4. Do
corporations have many of the free-speech rights that natural-born U.S.
citizens have? Q5. Does the federal constitutional right to freedom of
speech limit how states can restrict an individual's right of
self-expression? Q6. If a law that prohibits speech contains language that
is "vague" and "overly broad," can a speaker who is not protected by
freedom of speech challenge it as a violation of the constitutional right
of free speech? Q7. Is freedom of speech only a limited individual right to
engage in constitutionally protected speech? Q8. If freedom of speech
prohibits government from either engaging in "content" or "viewpoint"
discrimination or violating the free-speech rights of an individual, is it
also an American cultural and societal ideal? 2 Unprotected Speech Q9. Is
it consistent with the constitutional right of free speech to convict
someone of a "threat" even if he or she has no intention of carrying it
out? Q10. Are any face-to-face insults of another person excluded from free
speech? Q11. If "libel" is excluded from the scope of freedom of speech,
does this category include all "falsehoods" that "harm" another person's
"reputation"? Q12. If expressive material is excluded from First Amendment
protection on the ground that it is "obscene," does this judgment imply
that the material in question is "utterly without redeeming social value"?
Q13. If a work of "child pornography" has "serious artistic value" and is
therefore not "obscene," is it still excluded from the scope of the
constitutional right of free speech? 3 Conditionally Protected Speech Q14.
Can the government punish unlawful advocacy if the illegal act does not
occur? Q15. Does freedom of speech and association protect someone from
criminal liability if he or she organizes or joins a group advocating the
violent overthrow of government? Q16. Does freedom of speech protect "hate
speech" that denigrates people on the basis of their race, ethnicity,
religion, sex, or sexual orientation? Q17. If "harassment" is neither a
"true threat" nor a "fighting word," can the state nonetheless punish such
expressive behavior? Q18. Can an employer be subject to civil liability or
an employee sanctioned for expressive conduct that does not constitute
criminal harassment, but creates a "hostile" or "offensive" work
environment? Q19. Can the federal government withdraw financial assistance
from institutions of higher education if they fail to stop students from
engaging in "harassment" of other students based on race, color, national
origin, or sex? Q20. Can the state impose criminal or civil liability on a
speaker who publishes private information about someone else, perhaps for
the purpose of "harassing" him or her? Q21. Can the government prohibit
physical conduct that has an expressive or symbolic dimension? 4 Regulation
of Protected Speech Q22. Can the state generally prohibit "indecent" or
"offensive" speech? Q23. If films, books, and magazines contain graphic
representations of sexual activity, but are not "obscene" according to the
Supreme Court's definition, can the government nonetheless regulate them?
Q24. Is it consistent with freedom of speech to regulate some forms of
expressive nudity? Q25. Does freedom of speech permit the state to impose
civil liability on someone who intentionally inflicts emotional distress on
another by engaging in callous and malicious humor or extremely offensive
speech that knowingly causes pain and humiliation? Q26. Can the government
regulate speech that occurs on public property? Q27. Does a member of an
audience at a public speaking event or an attendee at a political
demonstration or protest have a free-speech right to "heckle" a speaker or
disrupt the event? 5 Free Speech and the Individual's Place in Society
Q28. Does a student attending a public high school have the same
free-speech rights inside and outside of the school? Q29. Do students
attending public colleges and universities have more free-speech rights
than public high school students? Q30: Can a state or the federal
government impose limits on the free-speech rights of an employee above and
beyond those imposed on the ordinary citizen? Q31. If the government
provides an employee with access to classified information, can the
government sanction an employee if he or she improperly discloses the
information to someone not authorized to receive it? Q32. Does a journalist
have more free-speech rights than the ordinary citizen because the First
Amendment prohibits Congress from "abridging" not only "freedom of speech,"
but also the freedom "of the press"? 6 Free Speech as a Cultural Ideal
Q33. Is there an authoritative source to decide what types of expressive
activities are protected under the American cultural ideal of freedom of
speech and what types are not? Q34. Is it consistent with the cultural
ideal of freedom of speech to morally criticize a speaker who
intentionally, recklessly, or negligently spreads falsehoods or so-called
fake news? Q35. Does moral criticism of a speaker who engages in speech
that "denigrates" or "stereotypes" others on the basis of race, sex,
ethnicity, religion, or sexual orientation violate the American cultural
ideal of freedom of speech in all contexts? Q36. Do privately owned social
media companies, such as Facebook or Twitter, have a moral obligation to
respect the American cultural ideal of freedom of speech by excluding "fake
news" from their communications platforms? Index About the Author
free speech a "fundamental" constitutional right and, if so, why? Q2. Does
the constitutional right of free speech only include the right to speak and
publish? Q3. Is free speech an "absolute" constitutional right? Q4. Do
corporations have many of the free-speech rights that natural-born U.S.
citizens have? Q5. Does the federal constitutional right to freedom of
speech limit how states can restrict an individual's right of
self-expression? Q6. If a law that prohibits speech contains language that
is "vague" and "overly broad," can a speaker who is not protected by
freedom of speech challenge it as a violation of the constitutional right
of free speech? Q7. Is freedom of speech only a limited individual right to
engage in constitutionally protected speech? Q8. If freedom of speech
prohibits government from either engaging in "content" or "viewpoint"
discrimination or violating the free-speech rights of an individual, is it
also an American cultural and societal ideal? 2 Unprotected Speech Q9. Is
it consistent with the constitutional right of free speech to convict
someone of a "threat" even if he or she has no intention of carrying it
out? Q10. Are any face-to-face insults of another person excluded from free
speech? Q11. If "libel" is excluded from the scope of freedom of speech,
does this category include all "falsehoods" that "harm" another person's
"reputation"? Q12. If expressive material is excluded from First Amendment
protection on the ground that it is "obscene," does this judgment imply
that the material in question is "utterly without redeeming social value"?
Q13. If a work of "child pornography" has "serious artistic value" and is
therefore not "obscene," is it still excluded from the scope of the
constitutional right of free speech? 3 Conditionally Protected Speech Q14.
Can the government punish unlawful advocacy if the illegal act does not
occur? Q15. Does freedom of speech and association protect someone from
criminal liability if he or she organizes or joins a group advocating the
violent overthrow of government? Q16. Does freedom of speech protect "hate
speech" that denigrates people on the basis of their race, ethnicity,
religion, sex, or sexual orientation? Q17. If "harassment" is neither a
"true threat" nor a "fighting word," can the state nonetheless punish such
expressive behavior? Q18. Can an employer be subject to civil liability or
an employee sanctioned for expressive conduct that does not constitute
criminal harassment, but creates a "hostile" or "offensive" work
environment? Q19. Can the federal government withdraw financial assistance
from institutions of higher education if they fail to stop students from
engaging in "harassment" of other students based on race, color, national
origin, or sex? Q20. Can the state impose criminal or civil liability on a
speaker who publishes private information about someone else, perhaps for
the purpose of "harassing" him or her? Q21. Can the government prohibit
physical conduct that has an expressive or symbolic dimension? 4 Regulation
of Protected Speech Q22. Can the state generally prohibit "indecent" or
"offensive" speech? Q23. If films, books, and magazines contain graphic
representations of sexual activity, but are not "obscene" according to the
Supreme Court's definition, can the government nonetheless regulate them?
Q24. Is it consistent with freedom of speech to regulate some forms of
expressive nudity? Q25. Does freedom of speech permit the state to impose
civil liability on someone who intentionally inflicts emotional distress on
another by engaging in callous and malicious humor or extremely offensive
speech that knowingly causes pain and humiliation? Q26. Can the government
regulate speech that occurs on public property? Q27. Does a member of an
audience at a public speaking event or an attendee at a political
demonstration or protest have a free-speech right to "heckle" a speaker or
disrupt the event? 5 Free Speech and the Individual's Place in Society
Q28. Does a student attending a public high school have the same
free-speech rights inside and outside of the school? Q29. Do students
attending public colleges and universities have more free-speech rights
than public high school students? Q30: Can a state or the federal
government impose limits on the free-speech rights of an employee above and
beyond those imposed on the ordinary citizen? Q31. If the government
provides an employee with access to classified information, can the
government sanction an employee if he or she improperly discloses the
information to someone not authorized to receive it? Q32. Does a journalist
have more free-speech rights than the ordinary citizen because the First
Amendment prohibits Congress from "abridging" not only "freedom of speech,"
but also the freedom "of the press"? 6 Free Speech as a Cultural Ideal
Q33. Is there an authoritative source to decide what types of expressive
activities are protected under the American cultural ideal of freedom of
speech and what types are not? Q34. Is it consistent with the cultural
ideal of freedom of speech to morally criticize a speaker who
intentionally, recklessly, or negligently spreads falsehoods or so-called
fake news? Q35. Does moral criticism of a speaker who engages in speech
that "denigrates" or "stereotypes" others on the basis of race, sex,
ethnicity, religion, or sexual orientation violate the American cultural
ideal of freedom of speech in all contexts? Q36. Do privately owned social
media companies, such as Facebook or Twitter, have a moral obligation to
respect the American cultural ideal of freedom of speech by excluding "fake
news" from their communications platforms? Index About the Author