Freedom of Speech
in the
United States
eighth edition
Thomas L. Tedford
University of North Carolina, Greensboro
Dale A. Herbeck
Northeastern University
CONTENTS
For a detailed table of contents, please click on this text line.
BRIEF CONTENTS
For a detailed table of contents, please click on this text line.
Preface
PART I: HISTORICAL DEVELOPMENT
Chapter 1: Freedom of Speech: The English Heritage
Chapter 2: Freedom of Speech in America to World War I
PART II: CONTROLS UPON THE CONTENT OF SPEECH
Chapter 3: Political Heresy: Sedition in the United States since 1917
Chapter 4: Defamation
Chapter 5: Privacy
Chapter 6: Religio-Moral Heresy: From Blasphemy to Obscenity
Chapter 7: Provocation to Anger and Words That Wound
Chapter 8: Commercial Speech
PART III: SPECIAL ISSUES
Chapter 9: Prior Restraint
Chapter 10: Special Problems of a Free Press
Chapter 11: Constraints of Time, Place, and Manner
Chapter 12: Institutional Constraints: Freedom of Speech in the Schools, the Military, and Prisons
Chapter 13: Copyright
Chapter 14: Access
PART IV: CONCLUSION
Chapter 15: Approaches to Free and Responsible Communication
APPENDICES
Appendix I: The Federal Court System of the United States
Appendix II: Judicial Decision Making: The Two-Level Theory for Testing Freedom of Speech
Appendix III: Glossary
Table of Cases
Index
DETAILED CONTENTS
Preface
PART I: HISTORICAL DEVELOPMENT
Chapter 1: Freedom of Speech: The English Heritage
I. Control of Communicators
Strict Control by King and Clergy
Free Speech as a Parliamentary Right
Freedom of Speech Becomes a Civil Liberty
II. Control of Content
Seditious Libel
Private Libel
Blasphemous Libel
Obscene Libel
III. Technological Constraints: Licensing and Copyright
Chapter 2: Freedom of Speech in America to World War I
I. Freedom of Speech in Colonial America
Control of Communicators in the Colonies
Control of Content in the Colonies
Control of Printing in the Colonies
II. Adoption of the Constitution and the Bill of Rights
III. Freedom of Speech in the New Nation: From the Alien and Sedition Acts to World War I
Control of Communicators
Control of Content
Constraints upon Media and Channels
Constraints of Time, Place, and Manner
PART II: CONTROLS UPON THE CONTENT OF SPEECH
Chapter 3: Political Heresy: Sedition in the United States since 1917
I. From World War I to World War II: 1917 to 1940
“Clear and Present Danger” Is Born: Schenck v. United States (1919)
Holmes and Brandeis Dissent: Abrams v. United States (1919)
The First Amendment Extended to the States: Gitlow v. New York (1925)
More Speech: Whitney v. California (1927)
Two Victories for Freedom of Speech: Fiske v. Kansas (1927) and De Jonge v. Oregon (1937)
II. From the Smith Act to Brandenburg v. Ohio: 1940 to 1969
Bad Tendency Lives: Dennis v. United States (1951)
Increasing the Government’s Burden of Proof: Yates v. United States (1957)
The Incitement Standard Is Established: Brandenburg v. Ohio (1969)
III. From “Imminent Lawless Action” to the USA PATRIOT Act: 1969 to the Present
Criticizing Public Officials
Making True Threats
Releasing Government Secrets
Publishing Instruction Manuals
Compelling Speech
The USA PATRIOT Act
Chapter 4: Defamation
I. Speech That Defames: The Traditional Law of Slander and Libel
Definition and Types of Defamation
The Defamation Case
The Special Case of Group Libel
II. Defamation Law Meets the First Amendment
Defamation Law after New York Times v. Sullivan: 1964 to 1974
Defamation Law after Gertz v. Welch: 1974 to the Present
Defamation Law in Cyberspace
III. Defamation as Censorship
Strategic Lawsuits Against Public Participation
Libel Tourism
Chapter 5: Privacy
I. Speech That Invades Privacy
Sources of Privacy
Four Common Law Privacy Torts
Defenses in Privacy Actions
II. Private Communication
Anonymous Speech
E-Mail Privacy
Unmasking an Anonymous Speaker
III. Intentional Infliction of Emotional Distress
Chapter 6: Religio-Moral Heresy: From Blasphemy to Obscenity
I. The Religio-Moral Heresy of Blasphemy
II. The Religio-Moral Heresy of Darwinism
III. The Religio-Moral Heresy of “Immoral” Ideas
IV. The Religio-Moral Heresy of “Obscenity”
Origins of Obscenity Law
Contemporary Obscenity Law
Regulating Nonobscene and Indecent Content
Chapter 7: Provocation to Anger and Words That Wound
I. Provocation to Anger
The “Fighting Words” of Chaplinsky (1942)
Terminiello Goes Free (1949)
Feiner Goes to Jail (1951)
Cohen’s Jacket (1971)
Gooding v. Wilson (1972) and Progeny
II. Words That Wound: Abusive and Threatening Language
Abusive Speech in Society at Large
Abusive Speech on the Campus
Chapter 8: Commercial Speech
I. Federal Administrative Agencies and Commercial Speech
The Federal Trade Commission
Other Federal Administrative Agencies
II. Commercial Speech and the Constitution
Commercial Speech Excluded from the Constitution
Rehabilitating Commercial Speech
Protecting and Regulating Commercial Speech
III. Special Types of Commercial Speech
Advertising "Sin" or "Vice" Products
Unsolicited Commercial E-Mail
Charitable Solicitation
Compelled Commercial Speech
PART III: SPECIAL ISSUES
Chapter 9: Prior Restraint
I. Basic Issues of Prior Restraint
Controls on the Distribution of Handbills and Leaflets
Controls on the Media
II. Film Review Boards and “Public Decency”
Prior Restraint of Film
Related Issues of “Public Decency”
III. National Security
The “Pentagon Papers”
The H-Bomb Recipe and The Progressive
Government Secrecy Contracts
WikiLeaks and Classified Documents
IV. The Duty to Obey
A Law That Is Invalid on Its Face
Valid Laws Administered in an Unconstitutional Way
Court Orders That Constrain Free Speech
Chapter 10: Special Problems of a Free Press
I. Free Press v. Fair Trial
Prejudicial Publicity and Prior Restraint
Access to the Courtroom
Television Cameras in the Courtroom
II. Reporter’s Privilege: Protecting Sources and Notes
Keeping Sources Confidential
Police Searches of Newsrooms
Chapter 11: Constraints of Time, Place, and Manner
I. The Birth of Free-Speech Rights in Public Places
II. The Development of the Open Forum on Public Property
The Supreme Court Refines Its Rules
Personal Privacy and Safety: The Antiabortion Protests
Permits and Insurance Requirements
III. The Development of the Open Forum on Private Property
Residential Property
Company Towns
Privately Owned Shopping Centers
IV. The Concept of “Speech Plus”
Symbolic Expression
Labor Picketing
The Use of Loudspeakers
V. Free Speech in the Public Forum: Special Issues
Chapter 12: Institutional Constraints: Freedom of Speech in the Schools, the Military, and Prisons
I. First Amendment Rights in the Schools
Students’ First Amendment Rights
Teachers’ First Amendment Rights
School Libraries and the First Amendment
II. First Amendment Rights in the Military
Criticism of the Military or Government Policy
Petitioning for Redress of Grievances
Distributing Materials and Holding Meetings on a Military Base
Wearing Religious Garb in Violation of the Uniform Dress Code
Sale of Sexual Materials on a Military Base
III. First Amendment Rights in Prisons
Censorship of Prisoners’ Mail
Media Access to Prisons
Prisoners’ Rights of Association
Censorship of Prison Newspapers
Criminals’ Profits from Writing about Crime
Prisoners Right to Assist Other Prisoners in Legal Matters
Prisoners' Access to Reading and Writing Materials
Chapter 13: Copyright
I. General Principles of U.S. Copyright Law
What Can and Cannot Be Copyrighted
Duration of a Copyright
Fair Use
Works for Hire and the Transfer of Ownership
II. Copyright Law and the First Amendment
Areas of Harmony and Support
Areas of Tension
The First Amendment Defense
III. Copyright Law in the Digital Age
Secondary Liability
File Sharing
Notice and Takedown
Chapter 14: Access
I. The Right of Access
II. Access to Public Property, Records, and Meetings
Public Property
Public Records
Public Meetings
III. Access to the Media
Privately Owned Media
Print Media
Broadcast Media
Cable Television
The Internet
PART IV: CONCLUSION
Chapter 15: Approaches to Free and Responsible Communication
I. Reasons for Freedom of Speech
The Philosophical Reason
The Political Reason
The Individual Reason
II. Theories of Freedom of Speech
Zechariah Chafee, Jr.: Protecting Speech That Serves the Social Interest
Alexander Meiklejohn: Absolute Protection for Political Speech
Thomas I. Emerson: The Expression-Action Theory
Franklyn S. Haiman: A Communication Context Theory
C. Edwin Baker: A Liberty Theory
Robert C. Post: A “Public Discourse” Theory
Other Theories
III. The Responsible Exercise of Freedom of Speech
APPENDICES
Appendix I: The Federal Court System of the United States
Appendix II: Judicial Decision Making: The Two-Level Theory for Testing Freedom of Speech
Appendix III: Glossary
Table of Cases
Index
Copyright © 1985, 1993, 1997, 2001, 2005, 2009, 2013, and 2017 by Strata Publishing, Inc.
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