Free Speech and Turbulent Freedom
The Dangerous Allure of Censorship in the Digital Era
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Product details:
- Publisher OUP USA
- Date of Publication 22 April 2024
- ISBN 9780197636763
- Binding Hardback
- No. of pages296 pages
- Size 226x163x50 mm
- Weight 544 g
- Language English 506
Categories
Short description:
America's marketplace of ideas is threatened by social media platforms and a government security apparatus that have joined together to suppress the free exchange of ideas. In Free Speech and Turbulent Freedom, Michael J. Glennon offers an incisive defense of free speech in the digital public square. Drawing on the intellectual journey of Supreme Court Justice Oliver Wendell Holmes Jr., who shaped the modern First Amendment, Glennon argues that a lively and robust marketplace of ideas is the surest guarantor of social stability. Crisply written and lucidly argued, this timely book calls on the courts to protect the speech interests not merely of the government and Big Tech, but of all participants in the marketplace of ideas.
MoreLong description:
A brisk, practical defense of free speech in America's digital public square that calls on the courts to reject the censors' absolutism, enforce enduring First Amendment principles, and restore a vigorous and robust marketplace of ideas.
A vast censorship regime has smothered America's digital marketplace of ideas, squelching free speech on vital policy issues ranging from public health to electoral politics. Its supporters regard its benefits as morally and politically beyond question. They contend it's carried out by private social media platforms, not governmental authorities. And they insist their partnership is voluntary, not coerced.
In Free Speech and Turbulent Freedom, Michael J. Glennon offers a timely and incisive response. The censors are short-sighted, he argues. Quibbling over outdated distinctions misses the real threat--which is the fusion of public and private power into a modern-day cartel able to overleap longstanding constitutional safeguards. American democracy, he argues, rests on a decentralized marketplace of ideas independent of the government. In crisp, trenchant terms, Glennon shows how concrete practical concerns justify protecting admittedly harmful online speech--even speech that advocates violence or embraces hatred or apparent falsehood. The intellectual journey of Justice Oliver Wendell Holmes Jr. from absolutist to skeptic, he suggests, illuminates the value of political pluralism and the perils of the censors' delusory certitude.
To safely self-correct, democracy requires open channels of political communication. Glennon calls on the courts to unblock those channels--to measure such speech against enduring First Amendment precepts rather than pliable international norms--and to protect the speech interests not merely of the government and Big Tech, but of all participants in the marketplace of ideas. That includes what's often overlooked: Americans' right to hear. Without robust judicial protection, the specious attractions of censorship--and the absolutist certitude that drives it--will destroy America's marketplace of ideas and, with it, any hope of political self-renewal.
Michael Glennon's beautifully written book provides a compelling case for protecting freedom of speech when many are expressing doubts about it. Although his arguments for safeguarding expression are timeless, he brilliantly addresses the pressing issues of our time, especially with regard to speech over the internet and social media.
Table of Contents:
Preface
Chapter 1: Introduction
Chapter 2: A Disciple Visits His Prophet
Chapter 3: The Certain Sage of Concord
Chapter 4: Holmes's Excursion into Doubt
Chapter 5: The Pluralist Purposes of the First Amendment
Chapter 6: Assessing the Pragmatist's Marketplace of Ideas
Chapter 7: Incitement to Law Violation or Violence
Chapter 8: Offensive and Hate Speech
Chapter 9: Disinformation
Chapter 10: Is the First Amendment Outdated?
Chapter 11: International Human Rights Law
Chapter 12: Symbiotic Security and Free Speech
Chapter 13: Conclusion
Acknowledgments
Notes
Index
