Free speech : what everyone needs to know / Nadine Strossen.

Format:

Book

Author/Creator:

Strossen, Nadine, author.

Series:

What everyone needs to know.

What everyone needs to know

Language:

English

Subjects (All):

Freedom of speech.

United States. Constitution--1st Amendment.

Physical Description:

1 online resource (281 pages)

Place of Publication:

New York, NY : Oxford University Press, [2024]

Summary:

This concise but comprehensive book engagingly summarises both the broad themes and specific tenets of First Amendment law, and the strongest arguments for and against protecting controversial speech such as hate speech and disinformation. It explains the many speech-protective legal rules that emerged during the Civil Rights era, demonstrating how essential free speech is for other human rights.

Contents:

Cover

Free Speech

Copyright

Dedication

Table of Contents

Acknowledgments

Introduction

1. Free speech fundamentals

A threshold question: What is this book's overall structure?

What's the relationship between "freedom of speech" and the "First Amendment"?

Why does "everyone need to know" anything about free speech?

What are reasons for protecting free speech?

Is free speech a universal right, recognized in all countries?

Is free speech a right that has been protected-​or sought to be protected-​throughout history?

What are the five most important facts that everyone needs to know about freedom of speech?

2. The most important arguments for and against free speech

What are the 12 most important, most challenging arguments against the strong free speech protection in current First Amendment law, and what are the strongest counterarguments?

1. Isn't First Amendment law too rigidly absolute?

2. Even speech that doesn't satisfy the emergency standard ("non-​emergency speech") could well be harmful, so why doesn't the First Amendment permit non-​emergency speech restrictions?

3. Doesn't First Amendment law wrongly privilege freedom of speech above equality rights?

4. Doesn't freedom of speech rest on the flawed assumption that words are harmless?

5. Doesn't freedom of speech rest on the false premise that the marketplace of ideas will lead to truth?

6. Isn't freedom of speech the tool of the powerful, not the powerless?

7. Isn't some speech tantamount to violence, and therefore subject to punishment, along with other forms of violence?

8. Hasn't freedom of speech become mostly a conservative talking point?

9. Doesn't Germany's experience, with the rise of Hitler and Nazism, show that we should censor hateful and extremist speech?.

10. Aren't free speech defenders wrong when they claim that the best answer to harmful speech is "counterspeech"?

11. Shouldn't government have more power to restrict social media because of its unprecedented power to convey harmful speech?

12. Don't social media algorithms warrant more government restrictions because they manipulate people into "echo chambers" and "rabbit holes," thus undermining both liberty and democracy?

3. Free speech rights that the First Amendment protects

What is First Amendment law?

What is protected "freedom of speech" under the First Amendment?

What is the relationship between "freedom of speech" and other, similar rights that the First Amendment also explicitly protects?

What speech-​related rights has the Supreme Court held to be implicitly protected by the First Amendment?

Who has free speech rights?

4. Speech restrictions that the First Amendment permits

What kinds of connections are required between speech and harm to justify speech restrictions?

What is the most dangerous speech, which the First Amendment lets government outlaw?

What is the most dangerous censorship, which the First Amendment outlaws?

What are "prophylactic rules," which err in favor of protecting too much speech, rather than too little?

What factors affect whether the First Amendment permits particular speech restrictions?

What context-​defined categories of speech may be punished, consistent with the viewpoint-​neutrality and emergency principles?

5. Speech restrictions that the First Amendment bars

Why does the First Amendment bar non-​emergency restrictions on speech with controversial content?

What First Amendment flaws are shared by non-​emergency restrictions on speech with various kinds of controversial content?

Why does the First Amendment bar non-​emergency restrictions on . ..

-​Hate speech?

-​Pornography?

-​Violent speech?

-​Speech that could provoke retaliatory violence against the speaker or others?

-​Extremist or terrorist speech?

-​Disinformation or misinformation?

-​Offensive speech?

-​Incivility?

-​Blasphemy?

-​Speech that causes emotional distress?

-​Defamation against public officials and figures?

6. First Amendment rights in specific government institutions

How is First Amendment analysis affected when the government is operating public institutions with specific purposes?

What are students' First Amendment rights in public higher education institutions?

What are faculty members' First Amendment rights in public higher education institutions?

What are students' First Amendment rights in public schools (K-​12)?

What are faculty members' First Amendment rights in public schools (K-​12)?

What are First Amendment rights regarding school curricula and library books?

What First Amendment rights do government employees have?

What First Amendment rights do prisoners have?

What First Amendment rights do military personnel have?

7. Other legal protections for free speech, in addition to the First Amendment

Beyond the First Amendment, what other sources of U.S. law provide additional protection to free speech?

What protections do state constitutions and state supreme court decisions provide?

What protections do statutes provide?

What protections do contracts provide?

8. Some important current free speech issues

What is "cancel culture"?

What are the free speech rights of social media companies and their users?

What are some current major threats to free speech?

Conclusion

Notes

Index.

Notes:

Also issued in print: 2024.

Description based on online resource; title from home page (viewed on January 25, 2024).

Includes bibliographical references and index.

ISBN:

0-19-769968-5

0-19-769967-7

0-19-769966-9