Free Speech in the Balance

ISBN-13: 9781108439268 / Angielski / Miękka / 2021 / 254 str.

Alexander Tsesis

Opis

A comprehensive study of proportional analysis in free speech theory, this book challenges US Supreme Court's categorical approach and helps readers understand the breadth of concerns arising from regulations impacting expression.

Recenzje

'Tsesis has written an important book whose central thesis can be summarized by one of his own sentences: 'Context matters.' He attacks so-called 'categorical' approaches to freedom of speech, adopted by the ACLU and the current conservative majority of the Supreme Court alike, that tend to ignore the concrete realities of the cases before them. One need not agree with all of his arguments in order to recognize them as a valuable intervention in a significant public debate about when, if at all, the 'market' of speech should be subject to regulation.' Sanford Levinson, University of Texas Law School, and co-author, with Cynthia Levinson, of Fault Lines in the Constitution

Spis treści

Part I. Theory: 1. Formalism and Categorical Doctrine; 2. Dominant Academic Approaches to Free Speech: Strengths and Shortcomings; 3. Free Speech and Proportionality; 4. Civic Community and Social Context; Part II. Application: 5. US formalism and EU proportionality alternative; 6. Offense, Incitement, True Threats, and Hate Speech; 7. Terrorist Incitement on the Internet; 8. First Amendment on Campus; 9. High Schooler Speech in the Age of the Internet; 10. On the Campaign Trail: Money and Politics; Conclusion; References; Index.