Results by title
23 books match the query 'Freedom of the press'
A Century of Repression
The Espionage Act and Freedom of the PressRalph Engelman and Carey Shenkman
University of Illinois Press, 2022
A Century of Repression offers an unprecedented and panoramic history of the use of the Espionage Act of 1917 as the most important yet least understood law threatening freedom of the press in modern American history. It details government use of the Act to control information about U.S. military and foreign policy during the two World Wars, the Cold War, and the War on Terror. The Act has provided cover for the settling of political scores, illegal break-ins, and prosecutorial misconduct.
[more]
After the Czars and Commissars
Journalism in Authoritarian Post-Soviet Central AsiaEric Freedman
Michigan State University Press, 2011
From Czarism and Bolshevism to the current post-communist era, the media in Central Asia has been tightly constrained. Though the governments in the region assert that a free press is permitted to operate, research has shown this to be untrue. In all five former Soviet republics of Central Asia, the media has been controlled, suppressed, punished, and often outlawed. This enlightening collection of essays investigates the reasons why these countries have failed to develop independent and sustainable press systems. It documents the complex relationship between the press and governance, nation-building, national identity, and public policy. In this book, scholars explore the numerous and broad-reaching implications of media control in a variety of contexts, touching on topics such as Internet regulation and censorship, press rights abuses, professional journalism standards and self-censorship, media ownership, ethnic newspapers, blogging, Western broadcasting into the region, and coverage of terrorism.
[more]
Between Watergate and the Gulag
The French Press and Politics, 1970–1985Charles R. Eisendrath
Michigan Publishing Services, 2022
This book analyzes the relationship of the French press to political power. The bedrock concept of “innocent until proven guilty” is reversed for French journalists in libel cases; they enter courtrooms presumed guilty. Royal holdovers live on: Louis XIV’S system of indirect control through revocable favors persists in the form of state financial aid to the press. The weekly Le Canard Enchaîné is a journalistic court jester that plays the same role as the fops at Versailles, telling truth to power in joke form on topics that “serious” journals avoid.
Also introduced: “surplus freedom” a novel approach for gauging self-censorship by comparing the degree of free expression a legal system permits to what publications actually exercise.
Also introduced: “surplus freedom” a novel approach for gauging self-censorship by comparing the degree of free expression a legal system permits to what publications actually exercise.
[more]
Boundaries That Divide
How Journalists in Turkey Surrendered Their Power over PoliticsDefne Över
Rutgers University Press, 2026
Turkey presents a striking example of the most recent wave of global authoritarian turns. The two-decade-long transition in the country’s political system also transformed its media environment. As mainstream journalists gradually yielded their places to sycophants, much more willing to praise the government in their news, the mainstream media that once oversaw—however imperfectly—political decisions started devoting its full service to cheerleading the government. Simultaneously, a new sphere of critical journalism began to emerge, with mainstream media journalists joining their fellows in the peripheries of the media. Considering the transformation of Turkey’s news media as the decay of a democratic institution, this book asks, How does the media break down under the rule of an elected government?
Drawing on fieldwork and in-depth interviews, the book traces the ruling AKP’s manipulation of social divides to consolidate power and journalists’ navigation of the resulting climate of fear, hope, doubt, and anger. The book shows how Turkey’s news media surrendered its power over politics as some journalists embraced disinformation as a path to heightened status, others turned to self-censorship for protection, and still others resisted capture through continuous but fragmented efforts.
The book portrays journalists as central actors in media decay, while also revealing that resilience to decay emerges where rising demand for “news” meets the contentious mobilization of journalists. Although focused on Turkey, the book’s insights extend far beyond, offering urgent lessons about the future of journalism in an age of populism, polarization, and institutional erosion.
[more]
Censorship in Vietnam
Brave New WorldThomas A. Bass
University of Massachusetts Press, 2017
What does censorship do to a culture? How do censors justify their work? What are the mechanisms by which censorship—and self-censorship—alter people's sense of time and memory, truth and reality? Thomas Bass faced these questions when The Spy Who Loved Us, his account of the famous Time magazine journalist and double agent Pham Xuan An, was published in a Vietnamese edition. When the book finally appeared in 2014, after five years of negotiations with Vietnamese censors, more than four hundred passages had been altered or cut from the text.
After the book was published, Bass flew to Vietnam to meet his censors, at least the half dozen who would speak with him. In Censorship in Vietnam, he describes these meetings and examines how censorship works, both in Vietnam and elsewhere in the world. An exemplary piece of investigative reporting, Censorship in Vietnam opens a window into the country today and shows us the precarious nature of intellectual freedom in a world governed by suppression.
After the book was published, Bass flew to Vietnam to meet his censors, at least the half dozen who would speak with him. In Censorship in Vietnam, he describes these meetings and examines how censorship works, both in Vietnam and elsewhere in the world. An exemplary piece of investigative reporting, Censorship in Vietnam opens a window into the country today and shows us the precarious nature of intellectual freedom in a world governed by suppression.
[more]
Confessions of a Presidential Speechwriter
Craig R. Smith
Michigan State University Press, 2014
An avid high school debater and enthusiastic student body president, Craig Smith seemed destined for a life in public service from an early age. As a sought-after speechwriter, Smith had a front-row seat at some of the most important events of the twentieth century, meeting with Robert Kennedy and Richard Nixon, advising Governor Ronald Reagan, writing for President Ford, serving as a campaign manager for a major U.S. senator’s reelection campaign, and writing speeches for a contender for the Republican nomination for president. Life in the volatile world of politics wasn’t always easy, however, and as a closeted gay man, Smith struggled to reconcile his private and professional lives. In this revealing memoir, Smith sheds light on what it takes to make it as a speechwriter in a field where the only constant is change. While bouncing in and out of the academic world, Smith transitions from consultantships with George H. W. Bush and the Republican caucus of the U.S. Senate to a position with Chrysler CEO Lee Iacocca. When Smith returns to Washington, D.C., as president and founder of the Freedom of Expression Foundation, he becomes a leading player on First Amendment issues in the nation’s capital. Returning at long last to academia, Smith finds happiness coming out of the closet and reaping the benefits of a dedicated and highly successful career.
[more]
Freedom from the Press
Journalism and State Power in SingaporeCherian George
National University of Singapore Press, 2011
For several decades, the city-state of Singapore has been an international anomaly, combining an advanced, open economy with restrictions on civil liberties and press freedom. Freedom from the Press analyses the republic’s media system, showing how it has been structured ”like the rest of the political framework” to provide maximum freedom of manœuvre for the People's Action Party (PAP) government.
[more]
Game Faces
Sport Celebrity and the Laws of ReputationSarah K. Fields
University of Illinois Press, 2016
Sports figures cope with a level of celebrity once reserved for the stars of stage and screen. In Game Faces , Sarah K. Fields looks at the legal ramifications of the cases brought by six of them--golfer Tiger Woods, quarterback Joe Montana, college football coach Wally Butts, baseball pitchers Warren Spahn and Don Newcombe, and hockey enforcer Tony Twist--when faced with what they considered attacks on their privacy and image. Placing each case in its historical and legal context, Fields examines how sports figures in the U.S. have used the law to regain control of their image. As she shows, decisions in the cases significantly affected the evolution of laws related to privacy, defamation, and publicity--areas pertinent to the lives of the famous sports figure and the non-famous consumer alike. She also tells the stories of why the plaintiffs sought relief in the courts, uncovering motives that delved into the heart of issues separating individual rights from the public's perceived right to know. A fascinating exploration of a still-evolving phenomenon, Game Faces is an essential look at the legal playing fields that influence our enjoyment of sports.
[more]
Images of a Free Press
Lee C. Bollinger
University of Chicago Press, 1991
Rich in historical detail, Images of a Free Press is an elegant, powerful guide to the evolution of our modern conception of freedom of the press, which finds expression in laws that protect print journalism and regulate broadcast media. Bollinger argues that this distinction remains meaningful but he advocates a more sophisticated approach to issues of privacy, access, and technology. Providing concrete guidelines for improving media laws, Images of a Free Press is a vital First Amendment primer for lawyers, media professionals, and critics, and all concerned citizens.
"Images of a Free Press is the natural sequel to Lee Bollinger's first book, The Tolerant Society, and is destined to become a standard in first amendment scholarship."—Rodney A. Smolla, Constitutional Commentary
"Revisiting themes he first explored some fifteen years ago, Bollinger now adds further to our understanding of the complex relationship among the First Amendment, the Supreme Court, the public, the press and the democratic process. This is a work of insight, sensitivity, and power. Bollinger has a profound knowledge of and a deep affection for his subject, and it shows."—Geoffrey R. Stone, Michigan Law Review
"This thoughtful, understated book remains a call to come join the town meeting and hammer out some new rules of order. Scholars and citizens alike could do well to read Bollinger's book and accept his challenge."—Yale Law Review
"For a number of years, Lee Bollinger has argued that the First Amendment has been applied differently to the print media than it has been to the broadcast media. In his new book, Images of a Free Press, Bollinger provides a concise, persuasive account of why this is so—and why it ought to be so."—Columbia Law Review
"Images of a Free Press is the natural sequel to Lee Bollinger's first book, The Tolerant Society, and is destined to become a standard in first amendment scholarship."—Rodney A. Smolla, Constitutional Commentary
"Revisiting themes he first explored some fifteen years ago, Bollinger now adds further to our understanding of the complex relationship among the First Amendment, the Supreme Court, the public, the press and the democratic process. This is a work of insight, sensitivity, and power. Bollinger has a profound knowledge of and a deep affection for his subject, and it shows."—Geoffrey R. Stone, Michigan Law Review
"This thoughtful, understated book remains a call to come join the town meeting and hammer out some new rules of order. Scholars and citizens alike could do well to read Bollinger's book and accept his challenge."—Yale Law Review
"For a number of years, Lee Bollinger has argued that the First Amendment has been applied differently to the print media than it has been to the broadcast media. In his new book, Images of a Free Press, Bollinger provides a concise, persuasive account of why this is so—and why it ought to be so."—Columbia Law Review
[more]
In Sullivan's Shadow
The Use and Abuse of Libel Law during the Long Civil Rights StruggleAimee Edmondson
University of Massachusetts Press, 2019
For many years, the far right has sown public distrust in the media as a political strategy, weaponizing libel law in an effort to stifle free speech and silence African American dissent. In Sullivan's Shadow demonstrates that this strategy was pursued throughout the civil rights era and beyond, as southern officials continued to bring lawsuits in their attempts to intimidate journalists who published accounts of police brutality against protestors. Taking the Supreme Court's famous 1964 case New York Times v. Sullivan as her starting point, Aimee Edmondson illuminates a series of fascinating and often astounding cases that preceded and followed this historic ruling.
Drawing on archival research and scholarship in journalism, legal history, and African American studies, Edmondson offers a new narrative of brave activists, bold journalists and publishers, and hardheaded southern officials. These little-known courtroom dramas at the intersection of race, libel, and journalism go beyond the activism of the 1960s and span much of the country's history, beginning with lawsuits filed against abolitionist William Lloyd Garrison and concluding with a suit spawned by the 1988 film Mississippi Burning.
Drawing on archival research and scholarship in journalism, legal history, and African American studies, Edmondson offers a new narrative of brave activists, bold journalists and publishers, and hardheaded southern officials. These little-known courtroom dramas at the intersection of race, libel, and journalism go beyond the activism of the 1960s and span much of the country's history, beginning with lawsuits filed against abolitionist William Lloyd Garrison and concluding with a suit spawned by the 1988 film Mississippi Burning.
[more]
Journalistic Autonomy
The Genealogy of a ConceptHenrik Örnebring
University of Missouri Press, 2022
Winner of the 2023 AEJMC Tankard Book Award and the ICA Journalism Studies Book Award
The idea that journalism should be independent is foundational to its contemporary understandings and its role in democracy. But from what, exactly, should journalism be independent? This book traces the genealogy of the idea of journalistic autonomy, from the press freedom debates of the 17th century up to the digital, networked world of the 21st. Using an eclectic and thought-provoking theoretical framework that draws upon Friedrich Nietzsche, feminist philosophy, and theoretical biology, the authors analyze the deeper meanings and uses of the terms independence and autonomy in journalism.
This work tackles, in turn, questions of journalism’s independence from the state, politics, the market, sources, the workplace, the audience, technology, and algorithms. Using broad historical strokes as well as detailed historical case studies, the authors argue that autonomy can only be meaningful if it has a purpose. Unfortunately, for large parts of journalism’s history this purpose has been the maintenance of a societal status quo and the exclusion of large groups of the population from the democratic polity. “Independence,” far from being a shining ideal to which all journalists must aspire, has instead often been used to mask the very dependencies that lie at the heart of journalism. The authors posit, however, that by learning the lessons of history and embracing a purpose fit for the needs of the 21st century world, journalism might reclaim its autonomy and redeem its exclusionary uses of independence.
The idea that journalism should be independent is foundational to its contemporary understandings and its role in democracy. But from what, exactly, should journalism be independent? This book traces the genealogy of the idea of journalistic autonomy, from the press freedom debates of the 17th century up to the digital, networked world of the 21st. Using an eclectic and thought-provoking theoretical framework that draws upon Friedrich Nietzsche, feminist philosophy, and theoretical biology, the authors analyze the deeper meanings and uses of the terms independence and autonomy in journalism.
This work tackles, in turn, questions of journalism’s independence from the state, politics, the market, sources, the workplace, the audience, technology, and algorithms. Using broad historical strokes as well as detailed historical case studies, the authors argue that autonomy can only be meaningful if it has a purpose. Unfortunately, for large parts of journalism’s history this purpose has been the maintenance of a societal status quo and the exclusion of large groups of the population from the democratic polity. “Independence,” far from being a shining ideal to which all journalists must aspire, has instead often been used to mask the very dependencies that lie at the heart of journalism. The authors posit, however, that by learning the lessons of history and embracing a purpose fit for the needs of the 21st century world, journalism might reclaim its autonomy and redeem its exclusionary uses of independence.
[more]
Last Rights
Revisiting *Four Theories of the Press*Edited by John C. Nerone
University of Illinois Press, 1995
Though subjected to years of criticism, Four Theories of the Press remains a core text in communications. Its influence on the field, impact on generations of journalists, and ability to spark debate on why the press acts as it does continue to make it an oft-quoted source and classroom staple.
In Last Rights, eight communications scholars critique and expand on the classic text. The authors argue that Four Theories spoke to and for a world beset by a cold war ended long ago. At the same time, they praise the book for offering an alternative view of the press and society and as a useful tool for helping scholars and citizens alike grapple with contradictions in classical liberalism. They also raise important questions about the Internet and other major changes in communications systems and society since the original publication of Four Theories.
Contributors: William E. Berry, Sandra Braman, Clifford Christians, Thomas G. Guback, Steven J. Helle, Louis W. Liebovich, John C. Nerone, and Kim B. Rotzoll
[more]
Liberal Democracy and the Limits of Tolerance
Essays in Honor and Memory of Yitzhak RabinRaphael Cohen-Almagor, Editor
University of Michigan Press, 2000
An irony inherent in all political systems is that the principles that underlie and characterize them can also endanger and destroy them. This collection examines the limits that need to be imposed on democracy, liberty, and tolerance in order to ensure the survival of the societies that cherish them. The essays in this volume consider the philosophical difficulties inherent in the concepts of liberty and tolerance; at the same time, they ponder practical problems arising from the tensions between the forces of democracy and the destructive elements that take advantage of liberty to bring harm that undermines democracy.
Written in the wake of the assasination of Yitzhak Rabin, this volume is thus dedicated to the question of boundaries: how should democracies cope with antidemocratic forces that challenge its system? How should we respond to threats that undermine democracy and at the same time retain our values and maintain our commitment to democracy and to its underlying values?
All the essays here share a belief in the urgency of the need to tackle and find adequate answers to radicalism and political extremism. They cover such topics as the dilemmas embodied in the notion of tolerance, including the cost and regulation of free speech; incitement as distinct from advocacy; the challenge of religious extremism to liberal democracy; the problematics of hate speech; free communication, freedom of the media, and especially the relationships between media and terrorism.
The contributors to this volume are David E. Boeyink, Harvey Chisick, Irwin Cotler, David Feldman, Owen Fiss, David Goldberg, J. Michael Jaffe, Edmund B. Lambeth, Sam Lehman-Wilzig, Joseph Eliot Magnet, Richard Moon, Frederick Schauer, and L.W. Sumner. The volume includes the opening remarks of Mrs.Yitzhak Rabin to the conference--dedicated to the late Yitzhak Rabin--at which these papers were originally presented. These studies will appeal to politicians, sociologists, media educators and professionals, jurists and lawyers, as well as the general public.
[more]
Media Freedom
The Contradictions of Communications in the Age of ModernityRichard Barbrook
Pluto Press, 1995
[more]
Mr. Justice Black and His Critics
Tinsley E. Yarbrough
Duke University Press, 1988
Many jurists give lip service to the idea that judicial interpretation of constitutional provisions should be based on the intent of the framers. Few, if any, have been as faithful to that conception as Hugo Black. As U.S. senator from Alabama, Black was a vigorous critic of the Supreme Court's use of the Constitution as a weapon against the Roosevelt New Deal. Once on the court he played a leading role in overturning those decisions and in attempting to establish for freedom of speech and other guarantees the interpretation he (and others) believe was warranted by the language and intent of the framers.
Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. In an era characterized by growing acceptance of the belief that judges should adapt the Constitution to changing social and ethical perceptions, many came to regard Black's position as unrealistic and irrelevant.
Tinsley E. Yarbrough analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics (such as Justices Frankfurter and Harlan) and through an assessment of scholarly opinion of his jurisprudence. The result is a stimulating and provocative addition to the study of Justice Black and the Supreme Court.
Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. In an era characterized by growing acceptance of the belief that judges should adapt the Constitution to changing social and ethical perceptions, many came to regard Black's position as unrealistic and irrelevant.
Tinsley E. Yarbrough analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics (such as Justices Frankfurter and Harlan) and through an assessment of scholarly opinion of his jurisprudence. The result is a stimulating and provocative addition to the study of Justice Black and the Supreme Court.
[more]
Normative Theories of the Media
Journalism in Democratic SocietiesClifford G. Christians, Theodore Glasser, Denis McQuail, Kaarle Nordenstreng, Ro
University of Illinois Press, 2008
In this book, five leading scholars of media and communication take on the difficult but important task of explicating the role of journalism in democratic societies. Using Fred S. Siebert, Theodore Peterson, and Wilbur Schramm's classic Four Theories of the Press as their point of departure, the authors explore the philosophical underpinnings and the political realities that inform a normative approach to questions about the relationship between journalism and democracy, investigating not just what journalism is but what it ought to be. The authors identify four distinct yet overlapping roles for the media: the monitorial role of a vigilant informer collecting and publishing information of potential interest to the public; the facilitative role that not only reports on but also seeks to support and strengthen civil society; the radical role that challenges authority and voices support for reform; and the collaborative role that creates partnerships between journalists and centers of power in society, notably the state, to advance mutually acceptable interests. Demonstrating the value of a reconsideration of media roles, Normative Theories of the Media provides a sturdy foundation for subsequent discussions of the changing media landscape and what it portends for democratic ideals.
[more]
Party Colonisation of the Media in Central and Eastern Europe
Péter Bajomi-Lázár
Central European University Press, 2014
This book compares media and political systems in East-Central as well as in Western Europe in order to identify the reasons possibly responsible for the extensive and intensive party control over the media. This phenomenon is widely experienced in many of the former communist countries since the political transformation. The author argues that differences in media freedom and in the politicization of the news media are rooted in differences in party structures between old and new democracies, and, notably, the fact that young parties in the new members of the European Union are short of resources, which makes them more likely to take control of and to exploit media resources.
[more]
Pen and Sword
American War Correspondents, 1898-1975Mary S. Mander
University of Illinois Press, 2010
Addressing the ever-changing, overlapping trajectories of war and journalism, this introduction to the history and culture of modern American war correspondence considers a wealth of original archival material. In powerful analyses of letters, diaries, journals, television news archives, and secondary literature related to the U.S.'s major military conflicts of the twentieth century, Mary S. Mander highlights the intricate relationship of the postmodern nation state to the free press and to the public. Pen and Sword: American War Correspondents, 1898-1975 situates war correspondence within the larger framework of the history of the printing press to make perceptive new points about the nature of journalism and censorship, the institution of the press as a source of organized dissent, and the relationship between the press and the military. Fostering a deeper understanding of the occupational culture of war correspondents who have accompanied soldiers into battle, Mander offers interpretive analysis of the reporters' search for meaning while embedded with troops in war-torn territories. Broadly encompassing the history of Western civilization and modern warfare, Pen and Sword prompts new ways of thinking about contemporary military conflicts and the future of journalism.
[more]
Regulating the Press
Tom O'Malley and Clive Soley
Pluto Press, 2000
[more]
The Constitution, the Law, and Freedom of Expression
1787-1987James Brewer Stewart
Southern Illinois University Press, 1987
In recognition of the bicentennial of the Constitution of the United States, former chief justice Warren E. Burger, Justice Antonin Scalia, ACLU president Norman Dorsen, and others delivered papers at the first annual DeWitt Wallace Conference on the Liberal Arts, held at Macalester College, St. Paul.
Joining some of the best legal minds in America were novelist John Edgar Wideman, chemist Harry B. Gray, historian Mary Beth Norton, and psychiatrist and social psychologist Robert Jay Lifton.
Opening the conference and this book, former chief Justice Burger emphasizes the daring of those who drafted the Constitution. Justice Scalia, noting the great reduction in curbs to freedom of expression since World War I, points out that the proliferation of freedom has forced courts to distinguish between types of expression.
Although the views expressed in these essays differ widely, opinion concerning the major issue falls into two definite camps: Burger, Scalia, and Dorsen contend that freedom of expression depends on the legal structure for survival; Wideman, Gray, Lifton, and Norton maintain that social forces determine freedom of expression.
[more]
The Idea of a Free Press
The Enlightenment and Its Unruly LegacyDavid Copeland
Northwestern University Press, 2006
With the introduction of the printing press in England in 1476, a struggle over its control--and its potential for interrupting power--was joined. The written word, once the domain of the upper levels of society that controlled politics, economics, and religion, could be seen passing into the hands of anyone throughout the social strata who wished to voice opinions on any topic of interest or importance. How the advent of printing led to the idea of a free press is the story told by David Copeland in this book, which traces a confrontation that began with issues of religion and gradually expanded into the realm of political freedom.
The rise of a free press was, in many ways, a legacy of the Reformation and Enlightenment. Copeland describes a discourse centered on questions of religion--a discussion that the government, with all its religious authority, could not suppress because of the belief that the ability to reason for oneself was God-given. In this account we see how the debate moved from religion to the purely political sphere, and how, through the increased use of the printing press, it was opened to a multiplicity of voices and opinions. Spanning nearly four centuries in Britain and America, Copeland's book reveals how the tension between government control and the right to debate public affairs openly ultimately led to the idea of a free press; in doing so, it documents an intellectual development of unparalleled relevance and importance to the history of journalism.
The rise of a free press was, in many ways, a legacy of the Reformation and Enlightenment. Copeland describes a discourse centered on questions of religion--a discussion that the government, with all its religious authority, could not suppress because of the belief that the ability to reason for oneself was God-given. In this account we see how the debate moved from religion to the purely political sphere, and how, through the increased use of the printing press, it was opened to a multiplicity of voices and opinions. Spanning nearly four centuries in Britain and America, Copeland's book reveals how the tension between government control and the right to debate public affairs openly ultimately led to the idea of a free press; in doing so, it documents an intellectual development of unparalleled relevance and importance to the history of journalism.
[more]
The Supreme Court and the Press
The Indispensable ConflictJoe Mathewson
Northwestern University Press, 2011
Although theirs has been a contentious relationship, Joe Mathewson shows that, since the framing of the Constitution, the Supreme Court has needed the press to educate the public about its actions, just as the press has depended on the Supreme Court to ensure the freedoms that give it life. The Court ignored the First Amendment for more than a century and then trampled it, but since the 1960s it has tended to uphold the rights of the press in the face of opposition, that coming from the Executive Branch. Still, the Court has repeatedly failed to fully inform the public of its decisions. Even today the Court permits only limited access to its audio tapes of oral arguments, and it famously refuses to allow television cameras into the courtroom. Mathewson argues that if the Supreme Court wants to maintain its legitimacy and authority in the internet age it must allow broader access for the press.
[more]
Violence As Obscenity
Limiting the Media's First Amendment ProtectionKevin W. Saunders
Duke University Press, 1996
This timely and accessible volume takes a fresh approach to a question of increasing public concern: whether or not the federal government should regulate media violence. In Violence as Obscenity, Kevin W. Saunders boldly calls into question the assumption that violent material is protected by the First Amendment. Citing a recognized exception to the First Amendment that allows for the regulation of obscene material, he seeks to expand the definition of obscenity to include explicit and offensive depictions of violence.
Saunders examines the public debate on media violence, the arguments of professional and public interest groups urging governmental action, and the media and the ACLU’s desire for self-regulation. Citing research that links violence in the media to actual violence, Saunders argues that a present danger to public safety may be reduced by invoking the existing law on obscenity. Reviewing the justifications of that law, he finds that not only is the legal history relied on by the Supreme Court inadequate to distinguish violence from sex, but also many of the justifications apply more forcefully to instances of violence than to sexually explicit material that has been ruled obscene. Saunders also examines the actions that Congress, states, and municipalities have taken to regulate media violence as well as the legal limitations imposed on such regulations by the First Amendment protections given to speech and the press. In discussing the current operation of the obscenity exception and confronting the issue of censorship, he advocates adapting to the regulation of violent material the doctrine of variable obscenity, which applies a different standard for material aimed at youth, and the doctrine of indecency, which allows for federal regulation of broadcast material.
Cogently and passionately argued, Violence as Obscenity will attract scholars of American constitutional law and mass communication, and general readers moved by current debates about media violence, regulation, and censorship.
Saunders examines the public debate on media violence, the arguments of professional and public interest groups urging governmental action, and the media and the ACLU’s desire for self-regulation. Citing research that links violence in the media to actual violence, Saunders argues that a present danger to public safety may be reduced by invoking the existing law on obscenity. Reviewing the justifications of that law, he finds that not only is the legal history relied on by the Supreme Court inadequate to distinguish violence from sex, but also many of the justifications apply more forcefully to instances of violence than to sexually explicit material that has been ruled obscene. Saunders also examines the actions that Congress, states, and municipalities have taken to regulate media violence as well as the legal limitations imposed on such regulations by the First Amendment protections given to speech and the press. In discussing the current operation of the obscenity exception and confronting the issue of censorship, he advocates adapting to the regulation of violent material the doctrine of variable obscenity, which applies a different standard for material aimed at youth, and the doctrine of indecency, which allows for federal regulation of broadcast material.
Cogently and passionately argued, Violence as Obscenity will attract scholars of American constitutional law and mass communication, and general readers moved by current debates about media violence, regulation, and censorship.
[more]