Dimensions: 248 pages, 9.49 × 6.54 × 0.91 in
Published: December 16, 2008
Publisher: Lexington Books
The following ISBNs are associated with this title:
ISBN - 10: 0739127837
ISBN - 13: 9780739127834
Table of Contents
1 Table of Contents Chapter 2 Introduction: A Critical Approach to Free Speech Chapter 3 1. Theories of the First Amendment Chapter 4 2. Liberalism and the Legal History of Free Speech Chapter 5 3. Agency and the Evolution of First Amendment Analysis Chapter 6 4. Rethinking Hate Speech: Skokie and R.A.V. Chapter 7 5. Virginia v. Black: An Evolution in First Amendment Doctrine? Chapter 8 6. The Internet: (Re)Assessing the Pornography Question Chapter 9 7. Terrorism and the Culture of Fear Chapter 10 Conclusion: A New First Amendment Emerges 11 Appendix 12 Bibliography 13 Index
From the Publisher
Modern Power and Free Speech explores the complicated relationship between the First Amendment and culturally disempowered and groups within the United States. By focusing on hate speech, Internet pornography, and political dissent, Chris Demaske analyzes First Amendment discourse and doctrine and questions the role of the concept of the autonomous individual. Demaske asserts that the presupposed equality of so-called "autonomous individuals" does not exist and goes on to show how these specious claims to equality only serve to further silence those marginalized members of American society. Combining legal analysis, First Amendment theory, feminist theory, and political theory, Chris Demaske addresses the inadequacies of current free-speech doctrine and provides a possible solution to remedy them.
About the Author
Chris Demaske is associate professor in the Interdisciplinary Arts and Sciences Program at the University of Washington Tacoma.
While most critics are content to demonstrate the flaws in First Amendment jurisprudence, Chris Demaske carefully constructs a way for judges to protect the dissenting voices that are so vital to the realization of democracy. Much in the tradition of theorists such as Herbert Marcuse, Demaske demonstrates that there is little that is objective in the content-neutral regulation of expression that dominates the legal culture. In fact, that neutrality serves to first and foremost protect the status quo. In its place, she calls for the judges to adopt a form of analysis that assesses both the very real power relationships that exist in society and the historical conditions that have created those relationships. This is a powerful book that takes us beyond critique and provides a road map for change.