Rediscovering a Lost Freedom

The First Amendment Right to Censor Unwanted Speech

Patrick Garry (Autor)

Buch | Softcover

176 Seiten

2009
Routledge (Verlag)
978-1-4128-0860-6 (ISBN)

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Since ratification of the First Amendment in the late eighteenth century, there has been a sea change in American life. When the amendment was ratified, individuals were almost completely free of unwanted speech; but today they are besieged by it. Indeed, the First Amendment has, for all practical purposes, been commandeered by the media to justify intrusions of offensive speech into private life.

In its application, the First Amendment has become one-sided. Even though America is virtually drowning in speech, the First Amendment only applies to the speaker's delivery of speech. Left out of consideration is the one participant in the communications process who is the most vulnerable and least protected--the helpless recipient of offensive speech. In Rediscovering a Lost Freedom, Patrick Garry addresses what he sees as the most pressing speech problem of the twenty-first century: an often irresponsible media using the First Amendment as a shield behind which to hide its socially corrosive speech. To Garry, the First Amendment should protect the communicative process as a whole. And for this process to be free and open, listeners should have as much right to be free from unwanted speech as speakers do of not being thrown in jail for uttering unpopular ideas.

Rediscovering a Lost Freedom seeks to modernize the First Amendment. With other constitutional rights, changed circumstances have prompted changes in the law. Restrictions on political advertising seek to combat the perceived influences of big money; the Second Amendment right to bear arms, due to the prevalence of violence in America, has been curtailed; and the Equal Protection clause has been altered to permit affirmative action programs aimed at certain racial and ethnic groups. But when it comes to the flood of violent and vulgar media speech, there has been no change in First Amendment doctrines. This work proposes a government-facilitated private right to censor. Rediscovering a Lost Freedom will be of interest to students of American law, history, and the U.S. Constitution.

Patrick M. Garry is a professor at the University of South Dakota Law School. He is a contributor to the Oxford Companion to the U.S. Supreme Court, and his previous books include Scrambling for Protection: The New Media and the First Amendment and A Nation of Adversaries: How the Litigation Explosion is Reshaping America.

Acknowledgments, Introduction, 1 The Outdated Arguments Used to Defend Modern Media Speech, 2 The First Amendment Right of Control, 3 The Constitutional Parameters of a Private Right to Censor, 4 Judicial Support for a Private Right to Censor, 5 Implementing a Private Right to Censor, 6 Political Speech and the First Amendment, 7 Defining Speech in an Entertainment Age: The Video Game Example, Conclusion: The First Amendment in a Media-Saturated Society, Index

Erscheint lt. Verlag	15.2.2009
Verlagsort	New York
Sprache	englisch
Maße	152 x 229 mm
Gewicht	249 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht ► Verfassungsrecht
	Sozialwissenschaften ► Politik / Verwaltung
	Sozialwissenschaften ► Soziologie
ISBN-10	1-4128-0860-X / 141280860X
ISBN-13	978-1-4128-0860-6 / 9781412808606
Zustand	Neuware