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Freedom of Speech

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ISBN13: 9781840147711
ISBN: 1840147717
Published: September 2000
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



This text presents a two-volume collection of theoretical articles on the topic of freedom of speech. The articles have all been written since the early 1970s. The first volume begins with an encyclopaedia entry, functioning as an overview of the topic, and further articles deal with justificatory theories of freedom of speech, the scope of the First Amendment, the value of free speech, communication control in law and society, and what kinds of acts raise freedom of speech concerns.

The second volume turns to doctrinal theories, examining insults, incitements and governmental subsidies. Areas addressed include distinctions between content regulations, Robert Post's concepts of the public forum and public discourse and their bearing on free speech doctrine, and the significant arena for free speech controversies in the future.

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Contents:
Volume 1: Part 1 Overview: freedom of speech, Larry Alexander.
Part 2 Justificatory theories: a theory of freedom of expression, Thomas Scanlon; persuasion, autonomy and freedom of expression, David Strauss; scope of the first amendment, Edwin C. Baker; the value of free speech, Martin H. Redish; neutral principles and some first amendment problems, Robert H. Bork; free speech justifications, Kent Greenawalt; epistemic paternalism -communication control in law, Alvin I. Goldman; review essay - the impossibility of a free speech principle, Larry Alexander and Paul Horton; must speech be special?, Frederick Schauer.
Part 3 Focus - action regulated or government reason: flag desecration -a case study in the roles of categorizing and balancing in the first amendment analysis, John Hart Ely; trouble on tract two -incidental regulations of speech and free speech theory, Larry Alexander; legal, theory, low value speech, Larry Alexander; free speech and speaker's intent, Larry Alexander. Volume 2: Part 1 Content and categories: restrictions of speech because of its content - the peculiar case of subject matter, Geoffrey R. Stone; content regulation and the first amendment, Geoffrey R. Stone; categories and the first amendment - a play in three acts, Frederick Schauer; uncoupling free speech, Frederick Schauer.
Part 2 The concepts of the public forum and public discourse: between governance and management - the history and theory of the public forum, Robert C. Post; constitutional concept of public discourse - outrageous opinion, democratic deliberation and Hustler Magazine-v-Falwell, Robert C. Post.
Part 3 Insults and incitements: insults and epithets - are they protected speech?, Kent Greenawalt; racist speech, democracy and the first amendment, Robert C. Post; banning hate speech and the sticks and stones defence, Larry Alexander; incitement and freedom of speech, Larry Alexander.
Part 4 Speech and the affirmative state: government subsidies and free expression, Martin H. Redish and Daryl I. Kessler; the Supreme Court comment - principles, institutions and the first amendment, Frederick Schauer.