Eternally Vigilant: Free Speech in the Modern Era

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University of Chicago Press, Jan 20, 2002 - Law - 330 pages
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While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media.

"With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal

Contributors:

Lillian R. BeVier
Vincent Blasi
Lee C. Bollinger
Stanley Fish
Owen M. Fiss
R. Kent Greenawalt
Richard A. Posner
Robert C. Post
Frederick Schauer
Geoffrey R. Stone
David A. Strauss
Cass R. Sunstein
 

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Contents

Dialogue
1
Freedome of Speech and the CommonLaw Constitution
33
From Milton to Brandeis to the Present
61
Clear and Present Danger and Criminal Speech
97
The Speech Market and the Legacy of Schenck
121
Reconciling Theory and Doctrine in First Amendment Jurisprudence
153
First Amendment Opportunism
175
The Dance of Theory
199
The Invisible Hand of the Marketplace of Ideas
233
The Censorship of Television
257
The Future of Free Speech
285
Epilogue
311
List of Contributors
317
Index
319
Copyright

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About the author (2002)

Lee C. Bollinger is a professor of law and president of the University of Michigan. He is the author of The Tolerant Society: Freedom of Speech and Extremist Speech in America and Images of a Free Press.

Geoffrey R. Stone is the Harry Kalven Jr. Distinguished Service Professor of Law and provost of the University of Chicago. He is the coauthor of The First Amendment and coeditor of the annual Supreme Court Review.

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