(Source: OUP)
Oxford
University Press is publishing a new book on the evolution of free speech law
in the US since the landmark case of Schenk v. United States (1919) in
November.
ABOUT THE BOOK
The Supreme
Court's 1919 decision in Schenck vs. the United States is one of the most
important free speech cases in American history. Written by Oliver Wendell
Holmes, it is most famous for first invoking the phrase "clear and present
danger." Although the decision upheld the conviction of an individual for
criticizing the draft during World War I, it also laid the foundation for our
nation's robust protection of free speech. Over time, the standard Holmes
devised made freedom of speech in America a reality rather than merely an
ideal.
In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed.
Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
ABOUT THE EDITORS
Lee C.
Bollinger is the nineteenth President of
Columbia University since June 1, 2002. A prominent advocate of affirmative
action, he played a leading role in the twin Supreme Court cases--Grutter v
Bollinger and Gratz v Bollinger that upheld and
clarified the importance of diversity as a compelling justification for
affirmative action in higher education. A leading First Amendment scholar, he
is widely published on freedom of speech and press, including Uninhibited,
Robust, and Wide-Open (2010), and currently serves on the faculty of
Columbia Law School.
Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Stone was appointed by President Obama to serve on the President's Review Group which was charged with evaluating our nation's foreign intelligence surveillance programs in the wake of Edward Snowden's leaks. He is the author of many books on constitutional law, including Sex and the Constitution: Sex, Religion and Law from America's Origins to the Twenty-First Century (2017), and Perilous Times: Free Speech in Wartime (2004).
Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Stone was appointed by President Obama to serve on the President's Review Group which was charged with evaluating our nation's foreign intelligence surveillance programs in the wake of Edward Snowden's leaks. He is the author of many books on constitutional law, including Sex and the Constitution: Sex, Religion and Law from America's Origins to the Twenty-First Century (2017), and Perilous Times: Free Speech in Wartime (2004).
TABLE OF CONTENTS
Dialogue: Lee C.
Bollinger & Geoffrey R. Stone
Part I: The
Nature of First Amendment Jurisprudence
Rights
Skepticism and Majority Rule at the Birth of the Modern First Amendment
Vincent A. Blasi
Every Possible
Use of Language?
Frederick
Schauer
Rethinking the
Myth of the Modern First Amendment
Laura Weinrib
The Discursive
Benefits of Structure: Federalism and the First Amendment
Heather K.
Gerken
Part II: Major
Critiques and Controversial Areas of First Amendment Jurisprudence
Citizens United:
Predictions and Reality
Floyd Abrams
On the
Legitimate Aim of Congressional Regulation of Political Speech: An Originalist
View
Lawrence Lessig
The Classic
First Amendment Tradition Under Stress: Freedom of Speech and the University
Robert C. Post
Keeping Secrets
David A. Strauss
The First
Amendment: An Equality Reading
Catharine A.
MacKinnon
Does the Clear
and Present Danger Test Survive Cost-Benefit Analysis?
Cass R. Sunstein
Part III: The
International Implications of the First Amendment
Reflections on
the Firstness of the First Amendment
Albie Sachs
Freedom of
Expression Abroad: The State of Play
Tom Ginsburg
Hate Speech at
Home and Abroad
Sarah H.
Cleveland
Part IV: New
Technologies and the First Amendment of the Future
The
Unintentional Press: How Technology Companies Fail as Publishers
Emily Bell
Defining the
Boundaries of Free Speech on Social Media
Monika Bickert
Is the First
Amendment Obsolete?
Tim Wu
Epilogue: Lee C.
Bollinger & Geoffrey R. Stone
More information
here
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