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Art and Freedom of Speech
Randall P. Bezanson
University of Illinois Press, 2009

This book analyzes the broad range of Supreme Court cases that concern the protection of art and free speech under the First Amendment. Finding that debates about free expression (whether in speech or art) swirl around sex and cultural blasphemy, Randall P. Bezanson tracks and interprets the Court's decisions on film, nude dancing, music, painting, and other visual expressions.

Showing how the Court has dealt with judgments of art, quality, meaning, and how to distinguish types of speech and expression, Bezanson explores issues as diverse as homosexuality in the Boy Scouts, gay and lesbian parade floats, 2 Live Crew's alleged copyright infringement, National Endowment for the Arts grants and diversity, dangerous art, and screenings of the film Carnal Knowledge. In considering the transformative meaning of art, the importance of community judgments, and the definition of speech in Court rulings, Bezanson focuses on the fundamental questions underlying the discussion of art as protected free speech: What are the boundaries of art? What are the limits on the government's role as supporter and "patron" of the arts? And what role, if any, may core social values of decency, respect, and equality play in limiting the production or distribution of art?

Accessibly written and evocatively argued, Art and Freedom of Speech explores these questions and concludes with the argument that, for legal purposes, art should be absolutely free under the First Amendment--in fact, even more free than other forms of speech.

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Breaking the Jaws of Silence
Sixty American Poets Speak to the World
Sholeh Wolpé
University of Arkansas Press, 2013
Through the support of PEN Center USA, Iranian American poet and translator Sholeh Wolpé has brought together sixty American poets to address the world through poems that not only meditate on the principles of freedom, justice, and tolerance but also boldly and directly address specific countries. Natasha Trethewey, Robert Bly, Rita Dove, Yusef Komunyakaa, Galway Kinnell, Philip Levine, Carolyn Forché, Billy Collins, Jorie Graham, Naomi Shihab Nye, and Quincy Troupe are just some of the poets whose work is gathered in this powerful new collection. These poets speak out in the tradition of all poets who speak out in uprisings, seeking to change the landscape despite an environment of oppression, torture, and denial of basic human rights. All poems included were gifted to this anthology, which will benefit PEN Center USA's Freedom to Write program.
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Courting the Abyss
Free Speech and the Liberal Tradition
John Durham Peters
University of Chicago Press, 2005
Courting the Abyss updates the philosophy of free expression for a world that is very different from the one in which it originated. The notion that a free society should allow Klansmen, neo-Nazis, sundry extremists, and pornographers to spread their doctrines as freely as everyone else has come increasingly under fire. At the same time, in the wake of 9/11, the Right and the Left continue to wage war over the utility of an absolute vision of free speech in a time of increased national security. Courting the Abyss revisits the tangled history of free speech, finding resolutions to these debates hidden at the very roots of the liberal tradition.

A mesmerizing account of the role of public communication in the Anglo-American world, Courting the Abyss shows that liberty's earliest advocates recognized its fraternal relationship with wickedness and evil. While we understand freedom of expression to mean "anything goes," John Durham Peters asks why its advocates so often celebrate a sojourn in hell and the overcoming of suffering. He directs us to such well-known sources as the prose and poetry of John Milton and the political and philosophical theory of John Locke, Adam Smith, John Stuart Mill, and Oliver Wendell Holmes Jr., as well as lesser-known sources such as the theology of Paul of Tarsus. In various ways they all, he shows, envisioned an attitude of self-mastery or self-transcendence as a response to the inevitable dangers of free speech, a troubled legacy that continues to inform ruling norms about knowledge, ethical responsibility, and democracy today.

A world of gigabytes, undiminished religious passion, and relentless scientific discovery calls for a fresh account of liberty that recognizes its risk and its splendor. Instead of celebrating noxious doctrine as proof of society's robustness, Courting the Abyss invites us to rethink public communication today by looking more deeply into the unfathomable mystery of liberty and evil.
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Criminal Dissent
Prosecutions under the Alien and Sedition Acts of 1798
Wendell Bird
Harvard University Press, 2019

In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent.

The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition.

The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record.

The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.

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Dissent in Dangerous Times
Austin Sarat, Editor
University of Michigan Press, 2004
Dissent in Dangerous Times presents essays by six distinguished scholars, who provide their own unique views on the interplay of loyalty, patriotism, and dissent.

While dissent has played a central role in our national history and in the American cultural imagination, it is usually dangerous to those who practice it, and always unpalatable to its targets. War does not encourage the tolerance of opposition at home any more than it does on the front: if the War on Terror is to be a permanent war, then the consequences for American political freedoms cannot be overestimated.

"Dissent in Dangerous Times examines the nature of political repression in liberal societies, and the political and legal implications of living in an environment of fear. This profound, incisive, at times even moving volume calls upon readers to think about, and beyond, September 11, reminding us of both the fragility and enduring power of freedom."
--Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School.


Contributors to this volume

Lauren Berlant

Wendy Brown

David Cole

Hugh Gusterson

Nancy L. Rosenblum

Austin Sarat
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The First Amendment and LGBT Equality
A Contentious History
Carlos A. Ball
Harvard University Press, 2017

Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement.

Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories.

Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place.

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The First Amendment Lives On
Conversations Commemorating Hugh M. Hefner's Legacy of Enduring Free Speech and Free Press Values
Stuart N. Brotman
University of Missouri Press, 2022

Hugh M. Hefner’s legacy of enduring free speech and free press values is embodied in the Hugh M. Hefner First Amendment Awards, established in 1979, which honor leading First Amendment scholars and advocates. Hefner also had a lifelong interest in film censorship issues and supported teaching about them at the University of Southern California for 20 years. His deep commitment to these values was confirmed when the author was granted unrestricted access to over 3,000 personal scrapbooks, which Hefner had kept in order to track free speech and press issues during his lifetime.
 
The format of the book is an homage to the in-depth conversational interviews Hefner pioneered as the editor and publisher of Playboy magazine. Stuart Brotman conducted in-person conversations with eight persons who in their lifetimes have come to represent a “greatest generation” of free speech and free press scholars and advocates. Notably, these conversations include:

Geoffrey R. Stone
Floyd Abrams
Nadine Strossen
Burt Neuborne
David D. Cole
Lucy A. Dalglish
Bob Corn-Revere
Rick Jewell

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Free Expression and Democracy in America
A History
Stephen M. Feldman
University of Chicago Press, 2008
From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression.  If the connection between democracy and the freedom of speech is such a vital one, why would so many governmental leaders seek to quiet their citizens? Free Expression and Democracy in America traces two rival traditions in American culture—suppression of speech and dissent as a form of speech—to provide an unparalleled overview of the law, history, and politics of individual rights in the United States.

Charting the course of free expression alongside the nation’s political evolution, from the birth of the Constitution to the quagmire of the Vietnam War, Stephen M. Feldman argues that our level of freedom is determined not only by the Supreme Court, but also by cultural, social, and economic forces. Along the way, he pinpoints the struggles of excluded groups—women, African Americans, and laborers—to participate in democratic government as pivotal to the development of free expression.  In an age when our freedom of speech is once again at risk, this momentous book will be essential reading for legal historians, political scientists, and history buffs alike.
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How Machines Came to Speak
Media Technologies and Freedom of Speech
Jennifer Petersen
Duke University Press, 2022
In How Machines Came to Speak Jennifer Petersen constructs a genealogy of how legal conceptions of “speech” have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies—such as phonographs, radio, film, and computer code—were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens.
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Lessons in Censorship
How Schools and Courts Subvert Students’ First Amendment Rights
Catherine J. Ross
Harvard University Press, 2015

American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy.

From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories.

Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.

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Muting Israeli Democracy
How Media and Cultural Policy Undermine Free Expression
Amit M. Schejter
University of Illinois Press, 2009
The result of years of critical analysis of Israeli media law, this book argues that the laws governing Israeli electronic media are structured to limit the boundaries of public discourse. Amit M. Schejter posits the theory of a "mute democracy," one in which the media are designed to provide a platform for some voices to be heard over others. While Israel's institutions may be democratic, and while the effect of these policies may be limited, this book contends that free speech in Israel is institutionally muted to ensure the continued domination of the Jewish majority and its preferred interpretation of what Israel means as a Jewish-democratic state. Analyzing a wide range of legal documents recorded in Israel from 1961 to 2007, Muting Israeli Democracy demonstrates in scrupulous detail how law and policy are used to promote the hegemonic national culture through the constraints and obligations set on electronic media.
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New Threats to Freedom
Adam Bellow
Templeton Press, 2011

New Threats to Freedom

In the twentieth century, free people faced a number of mortal threats,ranging from despotism, fascism, and communism to the looming menace of global terrorism. While the struggle against some of these overt dangers continues, some insidious new threats seem to have slipped past our intellectual defenses. These often unchallenged threats are quietly eroding our hard-won freedoms and, in some cases, are widely accepted as beneficial.

In New Threats to Freedom, editor and author Adam Bellow has assembled an all-star lineup of innovative thinkers to challenge these insidious new threats. Some leap into already raging debates on issues such as Sharia law in the West, the rise of transnationalism, and the regulatory state. Others turn their attention to less obvious threats, such as the dogma of fairness, the failed promises of the blogosphere, and the triumph of behavioral psychology.

These threats are very real and very urgent, yet this collection avoids projecting an air of doom and gloom. Rather, it provides a blueprint for intellectual resistance so that modern defenders of liberty may better understand their enemies, more effectively fight to preserve the meaning of freedom, and more surely carry its light to a new generation.

What are the new threats to freedom?

when has authority not claimed, when imposing trammels and curbs on liberty, that it does so for a wider good and a greater happiness?” —Christopher Hitchens

“The regulatory state amounts to a regressive tax that penalizes small independent producers and protects
the status quo.” —Max Borders

“Europe tends to favor stability over democracy, America democracy over stability.” —Daniel Hannan

“The value of free expression is perceived to be at odds with goals that were considered ‘more important,’ like inclusiveness, diversity, nondiscrimination, and tolerance.” —Greg Lukianoff

“The masses cannot ultimately be free: only the individual can be.” —Robert D. Kaplan

“That old bugbear of postwar sociology—the mob-self—is now a reality. In a participatory/popularity culture, the freedom to think and act for ourselves becomes harder and harder to achieve.” —Lee Siegel

“As traditional marriage declines, the ranks of single women are growing, and increasingly these women are substituting the security of a husband with the security of the state.” —Jessica Gavora

“Ending the freedom to fail is a mean-spirited attack on the freedom to succeed.” —Michael Goodwin

“The only solution to the new threats to American press freedom lies in organized resistance.” —Katherine Mangu-Ward

“The new behaviorism isn’t interested in protecting people’s freedom to choose; on the contrary, its core principle is the idea that only by allowing an expert elite to limit choice can individuals learn to break their bad habits.” —Christine Rosen

“There’s a world of Travis Bickles out there, and they’re not driving cabs. They’re reading blogs.” —Ron Rosenbaum

“The first amendment ensures not that speech will be fair, but that it will be free. It cannot be both.” —David Mamet

Join the conversation about these issues at www.newthreatstofreedom.com

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Obscenity and the Limits of Liberalism
Loren Glass and Charles Williams
The Ohio State University Press, 2011

Over the course of the nineteenth century in both Europe and the United States, the state usurped the traditional authority of the church in regulating sexual expression and behavior. In the same century philosophers of classical liberalism identified that state function as a threat to individual liberty. Since then, liberalism has provided the framework for debates over obscenity around the globe.

 
But liberalism has recently been under siege, on the one side from postmodern thinkers skeptical about its andro- and ethnocentric assumptions, and on the other side from religious thinkers doubtful of the moral integrity of the Enlightenment project writ large.The principal challenge for those who conduct academic work in this realm is to formulate new models of research and analysis appropriate to understanding and evaluating speech in the present-day public sphere.
 
Toward those ends, Obscenity and the Limits of Liberalism contains a selection of essays and interventions by prominent authors and artists in a variety of disciplines and media. These writings, taken as a whole, put recent developments into historical and global contexts and chart possible futures for a debate that promises to persist well into the new millennium.
 
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Shakespeare's Freedom
Stephen Greenblatt
University of Chicago Press, 2010

Shakespeare lived in a world of absolutes—of claims for the absolute authority of scripture, monarch, and God, and the authority of fathers over wives and children, the old over the young, and the gentle over the baseborn. With the elegance and verve for which he is well known, Stephen Greenblatt, author of the best-selling Will in the World, shows that Shakespeare was strikingly averse to such absolutes and constantly probed the possibility of freedom from them. Again and again, Shakespeare confounds the designs and pretensions of kings, generals, and churchmen. His aversion to absolutes even leads him to probe the exalted and seemingly limitless passions of his lovers.

Greenblatt explores this rich theme by addressing four of Shakespeare’s preoccupations across all the genres in which he worked. He first considers the idea of beauty in Shakespeare’s works, specifically his challenge to the cult of featureless perfection and his interest in distinguishing marks. He then turns to Shakespeare’s interest in murderous hatred, most famously embodied in Shylock but seen also in the character Bernardine in Measure for Measure. Next Greenblatt considers the idea of Shakespearean authority—that is, Shakespeare’s deep sense of the ethical ambiguity of power, including his own. Ultimately, Greenblatt takes up Shakespearean autonomy, in particular the freedom of artists, guided by distinctive forms of perception, to live by their own laws and to claim that their creations are singularly unconstrained.

A book that could only have been written by Stephen Greenblatt, Shakespeare’s Freedom is a wholly original and eloquent meditation by the most acclaimed and influential Shakespearean of our time.

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Slandering the Sacred
Blasphemy Law and Religious Affect in Colonial India
J. Barton Scott
University of Chicago Press, 2023
A history of global secularism and political feeling through colonial blasphemy law.
 
Why is religion today so often associated with giving and taking offense? To answer this question, Slandering the Sacred invites us to consider how colonial infrastructures shaped our globalized world. Through the origin and afterlives of a 1927 British imperial law (Section 295A of the Indian Penal Code), J. Barton Scott weaves a globe-trotting narrative about secularism, empire, insult, and outrage. Decentering white martyrs to free thought, his story calls for new histories of blasphemy that return these thinkers to their imperial context, dismantle the cultural boundaries of the West, and transgress the borders between the secular and the sacred as well as the public and the private.
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