Freedom of Expression in the Marketplace of Ideas

Abstract

Preface List of Court Cases 1. Introduction to Freedom of Expression and the American Legal System The Nature of Freedom of Speech How Free Expression Rights Are Determined Justifications and Critiques of Freedom of Expression Conclusion 2. Historical Perspectives on Freedom of Expression Free Expression in World Cultures Freedom of Expression in America: 1600-1917 Conclusion 3. Incitement to Illegal Conduct and True Threats The Clear and Present Danger Test The Gitlow Decision Protects Freedom of Speech From State Abridgement Freedom of Speech for Communists: Clear and Present Danger? Brandenburg v. Ohio: Strengthening Protection of Speech The Brandenburg Rule and Contemporary Communication Distinguishing Incitement From True Threats Conclusion 4. National Security and Freedom of Expression A National Security Exception to the Constitution? Government Efforts to Limit Free Expression in Wartime Government Practices That Keep Information Secret Government Surveillance of Its Citizens Conclusion 5. Fighting Words and the Categorical Exceptions Doctrines The Categorical Exceptions and Fighting Words Doctrines Are Announced in Chaplinsky The Fighting Words Definition is Refined in Terminiello The Definition of Fighting Words is Narrowed R.A.V. v. City of St.Paul: Fighting Words and Categorical Exceptions Doctrines Live On Conclusion 6. Hate Speech The Problem of Hate Speech Do Speech Codes Violate the First Amendment? Thinking Critically About Hate Speech Regulation Conclusion 7. Defamation: First Amendment Issues New York Times v. Sullivan: The Actual Malice Rule The New York Times Rule: Application of the Actual Malice Test The New York Times Rule: Proof of Actual Malice Beyond New York Times v. Sullivan: Additional First Amendment Protections Has the Actual Malice Rule Served Its Purpose? Conclusion 8. Obscenity and Child Pornography Obscenity Not Protected by the First Amendment 1957-1973: The Supreme Court Struggles With Meaning of Obscenity Court Majority Agrees on Obscenity Does Context Influence Constitutional Protection? Critical Thinking About Obscenity Distinguishing Obscenity From Child Pornography Conclusion 9. Time, Place, and Manner Restrictions Historical Developments The Modern Time, Place, and Manner Test The Forums Held in Trust for Public Expression Time, Place, or Manner Rules: Noteworthy Controversies Conclusion 10. Symbolic Expression The Benefits of Symbolic Expression The Definitions of Symbolic Expression The Test for Constitutional Protection of Symbolic Expression Restrictions Related to Suppression: The Flag Burning Issue Conclusion 11. Technology and the First Amendment Medium-Specific Restrictions on Expression: Early History Theories Used to Justify Broadcast Regulation Regulation of Internet Communication Conclusion 12. Privacy and Free Speech Privacy and the Search for Penumbral Rights The Right to Privacy in One's Self The Right to Privacy Within the Home Balancing a Right to Persuade With a Right to Privacy in Public Spaces Outside the Home The Right to Informational Privacy Conclusion 13. Access to Information A Right of Access to Government Information Journalists' Privilege Access to Judicial Proceedings Conclusion 14. Copyright and the First Amendment Copyright Law in the United States Copyright Law and the First Amendment Copyright and New Technology Conclusion 15. International and Comparative Perspectives on Freedom of Expression The Global Freedom of Expression Landscape Cultural Values and Free Expression Rights Judicial Decisions on Freedom of Expression Twenty-First Century Technology and International Freedom of Expression Conclusion Index About the Authors