Saving Free Speech...from Itself - Thane Rosenbaum

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Auteur(s) : Thane Rosenbaum

Editeur : Mandel Vilar Press

Langue : Anglais

Parution : 01/03/2020

Format : Moyen, de 350g à 1kg

Nombre de pages : 305

Expédition : 590

Dimensions : 23.3 x 15.8 x 3.2

ISBN : 9781941493267

Résumé :

In an era of political correctness, race-baiting, terrorist incitement, the 'Danish' cartoons, the shouting down of speakers, and, of course, 'fake news,' liberals and conservatives are up in arms both about speech and its excesses, and what the First Amendment means. Speech has been weaponized. Everyone knows it, but no one seems to know how to make sense of the current confusion, and what to do about it. Thane Rosenbaum's provocative and compelling book is what is needed to understand this important issue at the heart of our society and politics.

Biographie:

Thane Rosenbaum is an essayist, novelist, and law professor. His articles, reviews and essays appear frequently in The New York Times, Wall Street Journal, Washington Post, Los Angeles Times, CNN, the Daily Beast, and other national publications. He serves as the Legal Analyst for CBS News Radio and can be seen regularly on several able news shows. He moderates The Talk Show at the 92nd Street Y, an annual series on culture, world events, and politics. He has given public lectures around the world. He is a Distinguished University Professor at Touro College, where he directs the Forum on Life, Culture & Society. Rosenbaum is the author of Payback: The Case for Revenge, and The Myth of Moral Justice: Why Our Legal System Fails to Do What's Right, and is the editor of the anthology Law Lit, from Atticus Finch to The Practice: A Collection of Great Writing about the Law. He has also published five novels including The Golems of Gotham, Second Hand Smoke and Elijah Visible.

Sommaire:

Introduction

1. Free Speech Reconsidered
2. American Outliers: Speech as Robust Right
3. Silenced Speech on the American College Campus
4. The General Public, and Keeping Your Mouth Shut
5. Free Speech May Be Less American than Football
6. Where It Is Permissible to Say: Speak No More
7. What Is the Marketplace of Ideas?
8. Is Everything That Spills from the Mouth of a Speaker an Idea?
9. An Idea by Any Other Name
10. A Marketplace of Ideas for the Dumbfounded
11. What Is So Bad About the Regulation of Speech?
12. Speech That Is Non-Speech
13. Dignity by Right
14. Europe's Focus on Privacy and Dignity Without Sacrificing Speech
15. Not Everything Should Be Open for Debate
16. Hate Leads to Violence
17. Where Dignity is Already Recognized-A Right to Privacy and Dignity
18. The Justices for Whom Dignity Always Mattered
19. Incivility and its Discontents
20. The Social Contract and Human Dignity
21. Tort Law to the Rescue of Dignity
22. Some Words, by their very utterance, Lose Their Free Speech Protections
23. Sticks and Stones Are Not the Only Cause of Serious Harm
24. Enter Science-Putting the Microscope to Wounding Words
25. The Physical and the Emotional: One and the Same in the Human Brain
26. First and Second Amendment Crazies
27. What Brain Scans Show, and What Some Legal Decisions Say
28. The Mind's Recall of Pain
29. The Consequences of Free Speech Taken Seriously
30. The Chaplinsky List and a Harm-Based Analysis
31. And Then the Supreme Court Got Even More Free Speech Crazy
32. Other Cases Where the Supreme Court Privileged Speech Over Pain
33. When Nazis in the United States Were Shown the Respect They Surely Did Not Deserve
34. Emotional Distress Claims Caused by Speech That Prevailed
35. When Cartoons Are Not Funny but Should Still Constitute Permissible Speech
36. Hate Speech is a Hate Crime
37. The Alternative Universe of the College Campus
38. The Right to Make a Bomb
39. Tolerating Skid Marks on the Slippery Slope

Conclusion