Abuse of the Free Speech and Free Press Clauses: The State Involvement with Obscenity

2017 ◽  
pp. 177-218
Author(s):  
J. Budziszewski
Author(s):  
Asha Rogers

Debates about the value of the ‘literary’ rarely register the expressive acts of state subsidy, sponsorship, and cultural policy that have shaped post-war Britain. In State Sponsored Literature, Asha Rogers argues that the modern state was a major material condition of literature, even as its efforts were relative, partial, and prone to disruption. Drawing from neglected and occasionally unexpected archives, she shows how the state became an integral and conflicted custodian of literary freedom in the postcolonial world as beliefs about literature’s ‘public’ were radically challenged by the unrivalled migration to Britain at the end of Empire. State Sponsored Literature retells the story of literature’s place in modern Britain through original analysis of the institutional forces behind canon-formation and contestation, from the literature programmes of the British Council and Arts Council to the UK’s fraught relations with UNESCO, from GCSE literature anthologies to the origins of The Satanic Verses in migrant Camden. The state did not shape literary production in a vacuum, Rogers argues, rather its policies, practices, and priorities were inexorably shaped in turn. Demonstrating how archival work can potentially transform our understanding of literature and its reading publics, this book challenges how we think about literature’s value by asking what state involvement has meant for writers, readers, institutions, and the ideal of autonomy itself.


2020 ◽  
Vol 37 (2) ◽  
pp. 190-208
Author(s):  
Khalil M. Habib

AbstractAccording to Tocqueville, the freedom of the press, which he treats as an extension of the freedom of speech, is a primary constituent element of liberty. Tocqueville treats the freedom of the press in relation to and as an extension of the right to assemble and govern one’s own affairs, both of which he argues are essential to preserving liberty in a free society. Although scholars acknowledge the importance of civil associations to liberty in Tocqueville’s political thought, they routinely ignore the importance he places on the freedom of the press and speech. His reflections on the importance of the free press and speech may help to shed light on the dangers of recent attempts to censor the press and speech.


1998 ◽  
Vol 48 (1) ◽  
pp. 125 ◽  
Author(s):  
Richard Moon ◽  
Owen Fiss
Keyword(s):  

Author(s):  
Mark O'Brien

This chapter examines the fraught relationship that emerged between journalists and government and amongst journalists themselves during the 1970s. As the Northern Troubles escalated the dangers for journalists, both physically and politically, quickly became apparent and the imposition of censorship brought the journalist–politician relationship to a new low. While the government was concerned about the security of the state, journalists were concerned about the survival of free speech. As the conflict wore on the debate on censorship became more fractious as did relations among and between journalists, editors and government.


2021 ◽  
pp. 187-213
Author(s):  
Dan Taylor

Chapter 7 turns to the state, and Spinoza’s ideas in the TP about the role of the state in establishing the conditions for peace, piety and mutual assistance. Does Spinoza champion a proto-liberal sovereignty of reduced scale, founded in deliberation, toleration and free speech, or should the state actively intervene in the lives of its subjects? If he seems to emphasise both, why, and are the two compatible? What late and new role does the multitude play in the establishment and maintenance of social cohesion? The TP itself has been under-appreciated in providing a deeper exposition of the pre-eminence of the affects to political life. Here the multitude appear on stage, and their common feelings and desires take a primary role in the freedom and security of the state. The chapter identifies Spinoza’s aim in this late, unfinished work as one to describe a reasonable republic, that is, an optimum state whose foundation and laws are strictly, scientifically reasonable. I then critically assess Spinoza’s attempt to load the burden of becoming freer onto the state itself, resulting in some potentially unresolvable paradoxes for individual freedom


Art Attacks ◽  
2018 ◽  
pp. 29-57
Author(s):  
Malvika Maheshwari

The preliminary chapter outlines the conceptual foundation of India’s free speech regime by focussing on the debates of the Constituent Assembly of India that took place between 1946 and 1949, and traces the development of Article 19 of the Constitution, which guarantees all citizens the right to free speech and expression, albeit with certain ‘reasonable restrictions’ such as public order, decency and morality, and security of the state, among others. While offering a synoptic account of the sundry forms that the right to free speech took as the framers navigated the discrepancies between their imagined ideal and the existent, conflicting reality, the idea is not to uncover some grand master-plan of the Indian democracy from which it has faltered, but to explore how it might lend a fissure to the violent accusations of offending religious, cultural, or national sentiments in contemporary India.


2020 ◽  
pp. 163-192
Author(s):  
Amy Aronson

In June 1917, Congress passed the Espionage Act, suspending basic civil liberties in the name of wartime national security. Suddenly, peace work seemed dangerously untenable, even to some in movement leadership. Nevertheless, the American Union Against Militarism (AUAM) voted to test the new wartime laws, campaigning to prevent a draft and devising a new category of military exemption based on conscience. But continuing tensions threatened to rupture the AUAM from the inside. Lillian Wald and Paul Kellogg wanted to resign. Eastman proposed an eleventh-hour solution: create a single, separate legal bureau for the maintenance of fundamental rights in wartime—free press, free speech, freedom of assembly, and liberty of conscience. The new bureau became the American Civil Liberties Union (ACLU). However, Eastman’s hopes to shape and oversee that work, keeping it focused on internationalism and global democracy, were not to be. The birth of her child sidelined her while Roger Baldwin, arriving at a critical time for the country and the organization, took charge and made the bureau his own.


2021 ◽  
pp. 185-232
Author(s):  
Carlos A. Ball

This chapter explores the ways in which some progressives, in the years leading up to Trump’s election, had grown skeptical of expansive First Amendment protections, viewing them as impediments to the pursuit of equality objectives. Although some of that skepticism is understandable, the chapter details the multiple ways in which free speech and free press protections helped curtail some of Trump’s autocratic policies and practices. In doing so, the chapter argues that progressives, going forward, should not allow what it calls “First Amendment skepticism” to grow to the point that it undermines the amendment’s ability to shield democratic processes, dissenters, and vulnerable groups from future autocratic government officials in the Trump mold. The chapter ends with an exploration of future hate speech regulations. While it would be understandable for progressives, after Trump’s repeated use of hate speech, to call for greater regulations of such speech, the chapter urges progressives to be cautious in this area because of the real possibility that the regulations will be used by future government officials in the Trump mold to target and discriminate against both progressive viewpoints and racial and religious minorities.


Author(s):  
Mark Tushnet ◽  
Mark A. Graber ◽  
Sanford Levinson ◽  
Stephen M. Feldman
Keyword(s):  

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