Too Much Free Speech?
Publication Year: 2012
Published by: University of Illinois Press
Title Page, Copyright
In 1994 Stanley Fish, a peripatetic and controversial scholar at Duke, published a book titled There’s No Such thing as Free Speech, and It’s a Good thing Too. It was
Chapter 1. Corporations as Speakers: Citizens United v. Federal Election Commission, 130 S. Ct. 876
The Supreme Court’s Citizens United decision was announced on January 21, 2010. Just weeks later it moved President Barack Obama in his State of the Union Address to make a special point of criticizing the Court, which had declared the...
Chapter 2. Government and Its Speech Forum: Pleasant Grove City v. Summum, 129 S. Ct. 1125 (2009)
A forty-five minute drive south from Salt Lake City is the city of Pleasant Grove, Utah, and within the city sits Pioneer Park—the site of a local controversy that launched a landmark expansion of the doctrine known as “government speech.” A...
Chapter 3. Expressive Conduct Unleashed: Hurlye v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 515 U.S. 557 (1995)1
With the Hurley case we pursue the questions of speech and its source, nature, and meaning under the First Amendment. What if speech might exist even in the absence of a creator and an expressive object? Can constitutionally recognized speech emerge “out of thin air?” Indeed, with aesthetic expression, might...
Chapter 4. Speech out of Thin Air: Boy Scouts of America v. Dale, 530 U.S. 640 (2000)
Since age eight, James Dale had been a Scout in his home town of Monmouth, New Jersey. He began scouting as a Cub Scout, then advanced to Boy Scouts. By 1988, when he finished as a youth Scout on his eighteenth birthday, he had earned twenty-five merit badges and had become an Eagle Scout, one of the highest...
Chapter 5. The Secret Ballot: Voting as Speech: Doe v. Reed, 130 S. Ct. 2811 (2010)
On January 28, 2009, Senator Ed Murray led a group of Washington State senators in introducing Senate Bill 5688, a piece of legislation that would come to be known as the “Everything but Marriage Bill.” The bill’s statement of purpose declared...
V. Is There Such a Thing as Too Much Free Speech?
The question we have been examining in this book is limited but fundamental: how should the Supreme Court’s recent definitional expansions of the meaning and scope of “speech” protected by the First Amendment...
About the Author, Production Notes, Back Cover
Page Count: 304
Publication Year: 2012
OCLC Number: 818734003
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