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isbn:
9781891136313
2013
484 pages
paperback

IM:
9781891136320

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suggested list price: $85.00
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New!

Freedom of Speech
in the
United States

seventh edition

Thomas L. Tedford
University of North Carolina, Greensboro

Dale A. Herbeck
Northeastern University

BRIEF CONTENTS

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

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. 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. The 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

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

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, and 2013 by Strata Publishing, Inc.

 

 

 

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