Free speech : threats, limits and challenges / edited by Pat Terrell.

Format:

Book

Contributor:

Terrell, Pat, editor.

Series:

Privacy, Property and Free Speech Series

Language:

English

Subjects (All):

Civil rights.

Human rights.

Physical Description:

1 online resource (212 pages)

Edition:

1st ed.

Place of Publication:

New York, NY : Nova Science Publishers, Inc., [2023]

Summary:

Chapter 1 reports on freedom of expression and China's pervasive and unrelenting efforts to stifle speech at home and now increasingly abroad. Chapter 2 discusses the overarching First Amendment principles that bear on what the government may regulate under the First Amendment, including (1) the distinction between regulating conduct and speech; (2) the presumed invalidity of content-based laws; and (3) relevant "unprotected" categories of speech that generally can be restricted because of their content. The constitutional considerations in crafting new regulations of false speech are reviewed in chapter 3. Chapter 4 looks at how online political ads are more likely than their offline counterparts to include false claims and facilitate foreign influence in U.S. elections. These criticisms have led to calls for more government regulation of online political advertising. Chapter 5 discusses how courts have decided significant First Amendment challenges to nonconsensual pornography laws at the state level. Chapters 6 and 7 explore the FACT Act and free speech.

Contents:

Intro

Contents

Preface

Chapter 1

Digital Authoritarianism and the Global Threat to Free Speech*

Opening Statement of Hon. Marco Rubio, a U.S. Senator from Florida

Chairman, Congressional-Executive Commission on China

Statement of Hon. Christopher Smith, a U.S. Representative from New Jersey

Cochairman, Congressional-Executive Commission on China

Statement of Sarah Cook, Senior Research Analyst for East Asia and Editor, China Media Bulletin, Freedom House

Statement of Clive Hamilton, Professor of Public Ethics, Charles Sturt University, Canberra, and Author, "Silent Invasion: China's Influence in Australia"

Statement of Katrina Lantos Swett, President, Lantos Foundation for Human Rights &amp

Justice

Written Testimony by Sarah Cook, Senior Research Analyst for East Asia and China Media Bulletin Director

Escalating Chinese Government Internet Controls: Risks and Responses

Internet Control Strategies in China

What Are the Costs of This Tightening for Various Actors and Individuals Inside and Outside China?

For Chinese Netizens

For Chinese Society

For Chinese Tech Companies

For Foreign Tech Firms

For the Chinese Communist Party

Recommendations

Public Policy and Diplomacy

Funding

Conclusion

Prepared Statement of Clive Hamilton, Professor of Public Ethics, Charles Sturt University, 26th April 2018

Prepared Statement of Dr. Katrina Lantos Swett, President, Lantos Foundation

Prepared Statement of Hon. Christopher Smith

Submissions for the Record: Letters Submitted by Katrina Lantos Swett

Letter Submitted by Hon. Marco Rubio

Witness Biographies

Sarah Cook, Senior Research Analyst for East Asia and Director of the China Media Bulletin, Freedom House.

Clive Hamilton, Professor of Public Ethics, Charles Sturt University (Australia), and Author of "Silent Invasion: China's Influence in Australia"

Katrina Lantos Swett, Ph.D., President, Lantos Foundation for Human Rights &amp

Chapter 2

Terrorism, Violent Extremism, and the Internet: Free Speech Considerations*

Abstract

Background

The First Amendment and Foreign Speakers

The Conduct versus Speech Distinction

Content-Based Laws

Protected and Unprotected Speech

(1) Brandenburg's Incitement Standard

(2) "True Threats"

(3) Speech Integral to Criminal Conduct

Strict Scrutiny and Overbreadth

Strict Scrutiny

Governmental Interests

Narrow Tailoring

Deference to Political Branches

The Overbreadth Doctrine

Chapter 3

False Speech and the First Amendment: Constitutional Limits on Regulating Misinformation(

First Amendment Protections for False Speech

Existing Prohibitions on False Speech

Defamation

Fraud and False Commercial Speech

Campaign Speech

Broadcast Media

New Regulation of False Speech

Chapter 4

Appeals Court Says First Amendment Limits Regulation of Online Political Advertising: Implications for Congress(

Fourth Circuit Decision in Washington Post v. McManus

Implications for Congress

Chapter 5

Federal Civil Action for Disclosure of Intimate Images: Free Speech Considerations(

State of the Law

First Amendment Challenges

Considerations for Congress

Chapter 6

Facing the FACT Act: Abortion and Free Speech (Part I)(

Abortion Regulation?

Content-Based Restriction?

Viewpoint-Based Restriction?

Professional Regulation?

Commercial Disclosure?

Nonprofit Speech?

Chapter 7

Facing the FACT Act: Abortion and Free Speech (Part II)(.

Informed Consent v. Other Informational Disclosures

Scrutiny for Content-Based Restrictions

Implications for Professional Speech Regulations

Implications for Commercial Speech Law

Index

Blank Page.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Terrell, Pat Free Speech: Threats, Limits and Challenges

ISBN:

9798886978216

OCLC:

1376932323