Too Much Free Speech?
Publication Year: 2012
Published by: University of Illinois Press
Title Page, Copyright
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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
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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)
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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
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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)
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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)
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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?
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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...
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About the Author, Production Notes, Back Cover
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Page Count: 304
Publication Year: 2012