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In this exceptional volume, Matthew D. Bunker explores the work of contemporary free speech critics and argues that, while at times these critics provide important lessons, many of their conclusions must be rejected. Moreover, Bunker suggests that we be wary of interdisciplinary approaches to free ...

In this exceptional volume, Matthew D. Bunker explores the work of contemporary free speech critics and argues that, while at times these critics provide important lessons, many of their conclusions must be rejected. Moreover, Bunker suggests that we be wary of interdisciplinary approaches to free speech theory that--by their very assumptions and techniques--are a poor "fit" with existing free speech theory and doctrine. In his investigation of diverse critiques of free speech theory and his sophisticated rebuttal, he provides an innovative and important examination of First Amendment theory. In doing so, he establishes a new agenda for First Amendment theory scholarship that incorporates some of the critics' insights without abandoning the best aspects of the free speech tradition. COPY FOR MAILER: Distinctive features in this volume include: * an overview of the traditional approaches to First Amendment theory, * an examination of work from key First Amendment scholars and theorists, at both the individual and group level, * an emphasis on interdisciplinarity ranging from femi- nist and critical legal scholars to economists and literary theorists, and * a new agenda for First Amendment theory scholar- ship which incorporates critical comment while pre- serving the best aspects of the free speech tradition.

A powerful indictment of contemporary attacks on free speech, this book argues for a vigorous First Amendment jurisprudence protecting even offensive types of speech. In recent years, political activists, academics, and legal specialists have attacked traditional notions of free speech protection as ...

A powerful indictment of contemporary attacks on free speech, this book argues for a vigorous First Amendment jurisprudence protecting even offensive types of speech. In recent years, political activists, academics, and legal specialists have attacked traditional notions of free speech protection as they concern hate speech, obscenity, and pornography. They have called for changes in Supreme Court doctrine in defining the First Amendment and have argued that the traditional view of free speech actually creates and perpetuates a society in which the weak--women, minorities, the poor--have no voice. While recognizing their fears, Nicholas Wolfson argues that it is impossible to separate "bad" speech from "good" speech without fatally compromising the uniquely American concept of free speech, and that efforts to modify our concept of free speech for a greater egalitarian good can only result in undue state influence over private speech. In a keenly argued analysis, he finds that, in the end, the preservation of free and vigorous speech requires a strong First Amendment protection for even the most hateful of speech.

""Outspoken is heartwarming and inspiring, as it reminds us that there are people who refuse to be cowed into obedience, who maintain their resistance to war and injustice against all odds."--Howard Zinn, author of "A People's History of the United States

"Nan Levinson, herself one of this nation's ...

""Outspoken is heartwarming and inspiring, as it reminds us that there are people who refuse to be cowed into obedience, who maintain their resistance to war and injustice against all odds."--Howard Zinn, author of "A People's History of the United States

"Nan Levinson, herself one of this nation's free speech heroes, brings the First Amendment to life by telling the stories of those who have fought for the freedom we so often take for granted, but that is increasingly under attack. This book shows in funny, tragic, and lurid detail why the freedom of speech is worth fighting for."--David Cole, author of "No Equal Justice

"Levinson's book couldn't come at a more important time. These compelling tales are increasingly relevant now that our civil liberties are being threatened in the name of 'national security.' "Outspoken should be required reading for anyone interested in preserving the freedom we've come to take for granted in the United States."--Candida Royalle, Erotic film director and President, Femme Productions, Inc.

"In this imaginative and highly readable examination of dozens of provocative First Amendment controversies, Nan Levinson establishes herself as a resolute student of the role of free speech in a democratic society. This is an exceptional book about an endlessly important subject."--James O. Freedman, President Emeritus, Dartmouth College