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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.

Freedom of Expression® covers the ways in which intellectual property laws have been used to privatize all forms of expression—from guitar riffs and Donald Trump’s “you’re fired” gesture to human genes and public space—and in the process stifle creative expression. Kembrew McLeod challenges the blind embrace of privatization as it clashes against our right to free speech and shared resources.

Kembrew McLeod is professor of communication studies at the University of Iowa, author of Owning Culture: Authorship, Ownership, and Intellectual Property Law, and coproducer of the documentary Copyright Criminals: This Is a Sampling Sport.

Lawrence Lessig is professor of law at Stanford Law School.

This book’s documentary companion will be available through Media Education Foundation.

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.

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.