Speech Stories: How Free Can Speech Be?

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NYU Press, Feb 1, 1998 - Law - 232 pages

When we talk about what "freedom of speech" means in America, the discussion almost always centers on freedom rather than speech. Taking for granted that speech is an unambiguous and stable category, we move to considering how much freedom speech should enjoy. But, as Randall Bezanson demonstrates in Speech Stories, speech is a much more complicated and dynamic notion than we often assume. In an age of rapidly accelerated changes in discourse combined with new technologies of communication, the boundaries and substance of what we traditionally deem speech are being reconfigured in novel and confusing ways.
In order to spark thought, discussion, and debate about these complexities and ambiguities, Bezanson probes the "stories" behind seven controversial free speech cases decided by the Supreme Court. These stories touch upon the most controversial and significant of contemporary first amendment issues: government restrictions on hate speech and obscene and indecent speech; pornography and the subordination of women; the constitutionality of campaign finance reform; and the treatment to be accorded new technologies of communication under the Constitution. The result is a provocative engagement of the reader in thinking about the puzzles and paradoxes of our commitment to free expression.

 

Contents

Introduction
1
I Speakers
5
The Jacket Cohen v California
7
The Author McIntyre v Ohio Elections Commission 514 US 334 1995
37
The Corporation and the Candidate Austin v Michigan State Chamber of Commerce 494 US 652 1990
59
II Speech and Conduct
91
The Burning Cross RAV v St Paul 505 US 377 1992
93
The Artist Carnal Knowledge as Art Pornography as Subordination and the Vchip as Family Values Jenkins v Georgia 418 US 153 1974
115
III The Audience
151
The Pharmacist Speech and Its Consumers Virginia State Board of Pharmacy v Virginia Citizens Consumer Council 425 US 748 1976
155
The Burning Flag The Medium and the Message Texas v Johnson 491 US 397 1989
187
Reflections on Enduring First Amendment Questions
207
Index
215
About the Author
221
Copyright

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About the author (1998)

Randall Bezanson is Professor of Law at the University of Iowa. His previous books include the award- winning Libel Law and the Press, coauthored with Gilbert Granberg and John Soloski, and his most recent, Taxes on Knowledge in America: Exactions on the Press from Colonial Times to the Present.

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