Freedom of Speech
in the
United States
sixth edition
Thomas L. Tedford
University of North Carolina, Greensboro
Dale A. Herbeck
Boston College
consulting editor: Franklyn S. Haiman
Freedom of speech, historically one of our most cherished rights, faces new challenges today. From the Internet to campaign finance reform and the Patriot Act, new technology and social issues raise difficult First Amendment questions.
This award-winning text offers a clear, thorough, and fascinating introduction to the complex history and current interpretations of our free speech principles. Beginning with the roots of Western free speech concepts in classical Greek thought and British common law, it traces the development of contemporary freedoms and controls from colonial times to the present, through significant legislation and Supreme Court cases. It explores questions arising from political heresy and dissent, defamation and privacy, blasphemy and obscenity, fighting words and hate speech, media access and regulation, reporter’s privilege and shield laws, copyright, file sharing, student speech rights, and other controversial issues.
Important reading for students of the First Amendment, Freedom of Speech in the United States guides readers to an understanding of complex concepts with clear explanations, brief abstracts of major court cases, and numerous study aids.
Thoroughly updated, the sixth edition shows how historical challenges to freedom of speech arise anew with the emergence of new technologies, political issues, and social concerns.
FEATURES
-
Clear, engaging writing provides an excellent introduction for readers with no legal background.
-
Unique historical perspective shows evolution of current freedoms and limitations.
-
Boxed summaries of major cases describe facts of each case, the decision, and its importance.
-
Succinct explanations of major theorists (Chapter 15) show key perspectives.
-
Abundant internal summaries and study aids guide student reading.
- More than 30 historical and contemporary photos and illustrations bring history alive.
FEATURES OF THE NEW EDITION
-
Reflects the most recent case law and Supreme Court decisions (through the 2008 session; with annual updates for more recent cases).
-
Reflects current developments on ongoing issues such as compelled commercial speech, student speech rights and the student press, cyberporn, file sharing, others.
-
Updated discussion of free speech implications of current social and political issues, such as the Patriot Act, SLAPPs (Strategic Lawsuits Against Public Participation), teaching 'intelligent design" in schools, reporters' privilege and shield laws, FCC rules on media ownership and broadcast indecency, others.
INSTRUCTIONAL RESOURCES
The following materials are available to professors for classroom use with Freedom of Speech in the United States.
The Updates are also available online, with links to the complete texts of Supreme Court decisions, on the web site maintained by the authors. Please click on this paragraph.
-
Instructor's Manual with model syllabuses, student assignment and project ideas, classroom exercises, bibliography, video lists, other resources. (Expanded in this edition.)
- Web site maintained by the authors, with full texts of major court decisions, updates, other resources.
COMMENTS FROM PROFESSORS
“Freedom of Speech in the United States continues to be the clearest, most comprehensive free speech text on the market.”
Molly Mayhead, Western Oregon University
“Freedom of Speech is an exceptional book for this course. It meets my requirements and makes the important concepts of freedom of speech accessible to the students.”
Kassian Kovalcheck, Vanderbilt University
“The book is clear and concise, and offers excellent summaries of key legal texts.”
Cate Palczewski, University of Northern Iowa
“It’s fabulous.”
Rita Kirk, Southern Methodist University
“It contains a historical perspective, just enough legal philosophy, and excellent coverage of pertinent topics.”
Michael McGregor, Indiana University
“What I found particularly helpful was the emphasis on case law. The historical background was solid as well.”
Carl Hyden, Morgan State University
“Clearly written. Excellent case summaries. Up-to-date.”
Howard Kleiman, Miami University
“This book presents a great deal of information in an easily understood format. It reads like a very good history text.”
Sam Terilli, University of Miami
“I love this book. It is such a good resource on First Amendment issues.”
Lillian L. Beeson, University of Pittsburgh at Greensburg
“I find this book very useful and helpful.”
Charlyne Berens, University of Nebraska–Lincoln
“This is an excellent resource, well written for an undergraduate class.”
Richard Ice, St. John’s University
“I’ve been very pleased with this text.”
Deborah A. Wieczorkowski Wanamaker, University of Pittsburgh
“I enjoy using the text.”
Terence Morrow, Gustavus Adolphus College
Clarity, comprehensiveness, and accessibility
“One of the things I love about this text is that it focuses on the legal principles of the topic with specific cases showing the court’s progression of thought over time. As a result, students enjoy thinking about the topic. That makes this book an ideal learning tool.”
Rita Kirk, Southern Methodist University
“It provides broad coverage of issues and contains valuable historical context.”
James Van Dyke, Marian College
“Gives good summaries and cases in which 1st Amendment rights are denied during war.”
Peter Kirstein, St. Xavier University
“Quite comprehensive and thorough.”
Michael Dupagne, University of Miami
“Thorough, well organized.”
Les Hyder, Eastern Illinois University
“It is comprehensive, historical, and detailed.”
Lee McGaan, Monmouth College
“I enjoy the breadth and depth of the textbook. Some of my students even went to sections of the textbook not taught for use in other classes or projects.”
Amy Pason, University of Minnesota
“Concise chronology—with pullouts and appropriate quotations from opinions.”
Shannon McCraw, Southeastern Oklahoma State University
“It is the most comprehensive and best-written text available.”
Roger Conaway, University of Texas, Tyler
Landmark Cases
“The profiles of the landmark cases are great for preview and review purposes in addition to supporting the chapters.”
Lillian L. Beeson, University of Pittsburgh at Greensburg
“The landmark case boxes, glossary and exercises are also extremely helpful for students.”
Sandra Borden, Western Michigan University
The ‘boxes’ that covered the landmark cases were very helpful.”
Carl Hyden, Morgan State University
“I particularly appreciate the ‘Landmark Cases.’ The authors do a marvelous job of breaking the cases down, and they provide a clear description of the relevant precedent or test each case establishes.”
Molly Mayhead, Western Oregon University
Pedagogy and Instructional Resources
“Good case summaries and chapter summaries.”
Paul Fischer, Middle Tennessee State University
“I liked the resources (print & video) included in the book as well as sample assignments.”
Amy Pason, University of Minnesota
“I refer to the Updates in class discussion and give students cases to ‘watch.’”—This helps students become more interested in the issues.”
Richard Ice, St. John’s University
“The Updates are essential.”
Yvonne Thrash, University of Texas–Tyler
“The web site is very helpful. I refer students to the web site to examine the complete cases for their papers and to find additional resources.”
Richard Ice, St. John’s University
AWARDS
Upon publication of the first edition of Freedom of Speech in the United States in 1985, the Speech Communication Association (now the National Communication Association) presented the author with the H. A. Wichelns Memorial Award for "outstanding scholarship in communication and law."
Following the publication of the fourth edition, the Text and Academic Authors association presented Freedom of Speech in the United States with a 2002 William Holmes McGuffey Longevity Award, as a textbook "whose excellence has been demonstrated over time."
In 2006, the National Communication Association presented the authors of Freedom of Speech in the United States with the Franklyn S. Haiman Award.
ABOUT THE AUTHORS
Thomas L. Tedford is professor emeritus of communication at the University of North Carolina at Greensboro, where he taught the course in freedom of speech for more than two decades prior to his retirement. His Ph.D. in speech communication (rhetoric and public address) is from Louisiana State University.
He has been active in the Commission on Freedom of Expression of the National Communication Association since its inception in the early 1960s, having served as the chair of the commission, editor of its newsletter, and editor of its Free Speech Yearbook. Upon publication of the first edition of Freedom of Speech in the United States, in 1985, the National Communication Association (then known as the Speech Communication Association) presented him with the H. A. Wichelns Memorial Award for "outstanding scholarship in communication and law." In 2006, following publication of the fifth edition, the National Communication Association presented him and his co-author with the Franklyn S. Haiman award for "outstanding published research on freedom of expression." Tedford is coeditor with John J. Makay and David L. Jamison of Perspectives on Freedom of Speech: Selected Essays from the Journals of the Speech Communication Association (Southern Illinois University Press, 1987), and the author of Public Speaking in a Free Society (McGraw-Hill, 1991). Additional publications on freedom of speech have appeared in the Speech Teacher, the Free Speech Yearbook, the English Journal, and the American Library Association's Newsletter on Intellectual Freedom.
Dale A. Herbeck is professor in the Communication Department at Boston College, where he teaches courses in communication law, cyberlaw, and freedom of expression. His Ph.D. in rhetorical studies is from the University of Iowa.
His scholarship—which includes numerous book chapters, articles, and papers presented before scholarly societies—has been recognized with the Franklyn S. Haiman Award of the National Communication Association, the Distinguished Service Award of the American Forensic Association, the James Madison Award from the Southern States Communication Association, the Robert M. O'Neill Award from the Commission on Freedom of Expression, and the Past President's Award of the Eastern Communication Association. Herbeck also received a Teaching Award from the Boston College chapter of Phi Beta Kappa in recognition of his excellence in the classroom. He has served as president of the American Forensic Association, president of the American Communication Association, chair of the Commission on Freedom of Expression of the National Communication Association, and editor of both Argumentation and Advocacy and the Free Speech Yearbook.
|
