 |
 |
|
Freedom of Speech in the United Statesfifth editionConsulting editor: CONTENTS (brief)For a detailed table of contents, please click on this text line. 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 and Invasion of Privacy Chapter 5: Religio-Moral Heresy: From Blasphemy to Obscenity Chapter 6: Provocation to Anger and Words That Wound Chapter 7: Commercial Speech PART III: SPECIAL ISSUES Chapter 8: Prior Restraint Chapter 9: Special Problems of a Free Press Chapter 10: Constraints of Time, Place, and Manner Chapter 11: Institutional Constraints: Freedom of Speech in the Schools, the Military, and Prisons PART IV: TECHNOLOGY AND FREEDOM OF SPEECH Chapter 12: Copyright Chapter 13: Broadcasting, Cable, and Access Theory Chapter 14: The Internet PART V: 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 of Terms Table of Cases CONTENTS (detailed)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 Traditional Religio-Moral Heresy: Blasphemous Libel The Expansion of Religio-Moral Heresy: 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. The 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: Suppressing Political Dissent, 1917-1940 "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) The Case of Anita Whitney: 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 of 1940 to the Present: The Hazardous Road to Expanded Freedom "Bad Tendency" Still 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. Political Heresy: Related Topics Threatening the Life of the President Revealing, without Authorization, the Names of Intelligence Agents Making Antiwar Comments when the Speaker Is an Elected Official Advising Youth against the Draft Compelling Public School Students to Salute the Flag Preventing Political Heretics from Speaking on State College Campuses Criticizing Public Officials Terrorism and the Patriot Act A Special Issue: Incitement to Other Kinds of Violence Chapter 4: Defamation and Invasion of Privacy I. Speech That Defames: The Traditional Law of Slander and Libel Definition and Types of Defamation The Slander-Libel Distinction Subjects and Forms 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: 1964-1974 Defamation Law after Gertz v. Welch: 1974 to Date SLAPPing One's Critics: Using Defamation Law to Chill Public Discourse III. Speech That Invades Privacy Four Types of Invasion of Privacy Defenses in Privacy Actions IV. The Special Issue of Emotional Distress Chapter 5: 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" From Rosen to Roth: The Growing Censorship Debate The Landmark Case of Roth v. United States (1957) The Progeny of Roth: 1957-1973 Obscenity Redefined and Censorship Reconfirmed: Miller v. California and Four Companion Cases (1973) The Progeny of Miller Censorship: Special Issues and Developments Chapter 6: 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 7: 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 Let Commercial Speech Flow "Cleanly" and "Freely": The Old Doctrine Reconsidered The New Commercial-Speech Doctrine Developed and Refined PART III: SPECIAL ISSUES Chapter 8: 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" The 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 and Directives 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 V. A Preview of Prior-Restraint Issues to Come Chapter 9: Special Problems of a Free Press I. Free Press v. Fair Trial Prejudicial Publicity and Prior Restraint Access to the Courtroom Television in the Courtroom II. Reporter's Privilege: The Protection of Sources and Notes Keeping Sources Confidential Police Searches of Newsrooms III. Access to Government Information and Meetings Access to Information Access to Meetings Chapter 10: 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 Freedom of Speech on Residential Property Freedom of Speech in Company Towns Freedom of Speech in 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 11: Institutional Constraints: Freedom of Speech in the Schools, the Military, and Prisons I. First Amendment Rights in the Schools The First Amendment Rights of Students The First Amendment Rights of Teachers The First Amendment and the School Library II. First Amendment Rights in the Military Criticism of the Military or of 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 The Right of Prisoners to Assist Other Prisoners in Legal Matters IV. Other Cases Organizations That Receive Government Funding Candidates for Elective Judicial Office PART IV: TECHNOLOGY AND FREEDOM OF SPEECH Chapter 12: Copyright I. General Principles of U.S. Copyright Law What Can and Cannot Be Copyrighted Duration of a Copyright Fair Use Works Done for Hire and the Transfer of Ownership Additional Information Concerning Copyright II. Copyright Law and the First Amendment Areas of Harmony and Support Areas of Tension The First Amendment Defense in Copyright Infringement Suits Chapter 13: Broadcasting, Cable, and Access Theory I. Broadcasting Broadcast Regulation in the United States Broadcasting and the First Amendment Campaign Finance II. Cable Controls on Cable Content The "Must-Carry" Rules III. Access Theory Mandatory Access to Privately Owned Media The Courts Respond to Access Theory Chapter 14: The Internet I. The Supreme Court and the Internet Communications Decency Act: Reno v. ACLU (1997) Child Online Protection Act: Ashcroft v. ACLU (2002 and 2004) Children's Internet Protection Act: United States v. American Library Association (2003) II. The Internet and the First Amendment Political Speech Obscene Speech Defamation and Privacy Commercial Speech Schools and Libraries Copyright PART V: 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 Free Speech III. The Responsible Exercise of Freedom of Speech: A Coordinate Area of Study 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 of Terms Table of Cases Copyright (c) 1985, 1993, 1997, 2001, 2005 by Strata Publishing, Inc.
|
 |