Free Expression and Popular Opinion: Cases and Principles

In Freedom for the Thought We Hate, Anthony Lewis makes the point that free speech is not always popular. In fact, Lewis writes, "Some of the greatest judicial opinions have run against popular opinion—as did those of [Justice] Holmes and Brandeis when they dissented from the punishment of radical speech" (p. 180). For this final blog post, briefly describe and explain one Supreme Court case that has been at odds with popular opinion. Note: To assist you in this task, refer to the "Table of Cases" in the Lewis book, pp. 193-195.

Write about 200-250 words (about 13-15 sentences). As noted above, your task is to (1) describe the most important facts of the case you select and (2) explain how and why the decision in this case was unpopular.

This assignment is due by midnight on Tuesday, November 27. We will discuss these cases in our class on Wednesday at 2 p.m. See you then.

The First Amendment: An Unfinished Tale

In his book Freedom for the Thought That We Hate, Anthony Lewis traces the back-and-forth nature of First Amendment freedoms. "Ours is the most outspoken society on earth," he writes on the first page of the Introduction. Yet Lewis also notes that U.S. history is littered with restrictions on free speech, actions that have not lived up to the high ideals and liberties of the First Amendment.

For this blog assignment, read Lewis' Introduction as well as Chapters 1-5. From these chapters, identify one significant example of a failure of the First Amendment to protect the free expression rights of the citizens. Briefly explain the facts and First Amendment issues of your case and answer these questions: (1) Why did this breech of the First Amendment occur at the time it occurred? and (2) What is the significance of this case for us today?

Write about 250 words (about 14 sentences) for this post. Cite specifics from the reading to support your examples and strengthen your arguments. See you Monday.

Michael Thomas

Feigning Free Speech on Campus

In this article, Greg Lukianoff reports on the poor state that our first amendment right is represented in Universities. While in classrooms, students are taught the purity of the right to speak our minds and the struggles that had to have been endured to obtain this right. But the moment we leave the classrooms, our rights are stunted in such a way that, in the more private universities, we are less likely to say something or even, in the case of the Yale T-shirts, poke fun at the other universities without offending people of a certain demographic. Even though it was F. Scott Fitzgerald, who originally said, “I think of all Harvard men as sissies,” the students of Yale University were restricted from putting this quote on a Tshirt to wear to the annual Yale vs. Harvard football game. Freedom of expression is a double edges sword in that, if we are to promote it within a classroom, then we shouldn’t stop at the door.

Feigning Free Speech on Campus

Andrus Rodriguez

     This article should remind us of what Cato was trying to explain in his writings, that we should "bear some particular Inconveniences arising from general Blessings," when we enjoy the rights to free expression. Creations are observed and inspire others in different manners but the responsibility of our actions is ultimately up to us to control. With that said it is difficult to just take those actions whether positive or negative, we as the curious creatures that we are, we always want to trace the motivations to one's actions. And that is where it might get out of hand and end up placing limitations on further creations, writings, or forms of expressions. We need to be held accountable for our own actions. Just as Locke said that we "also [need] to secure men from the attempts of a criminal who, having renounced reason" and it is their own reason that failed, not the influence of outside materials. http://articles.baltimoresun.com/2011-01-11/news/bs-ed-goldberg-20110111_1_tea-parties-exploits-rhetoric

Maggie Tracy

The article I read discussed the First Amendment, attacks against Muslims, and free expression. A video was published that was anti-Muslim and the video was defended under free expression and the First Amendment. The article points out that was viewers and readers often forget is that the Muslim community doesn't have the First Amendment and that, "...the rest of the world - and not just Muslims - see no point in the First Amendment." The article continues to explain the affect the First Amendment had on free speech and that just because a "totem" is accepted in one religion or culture does not mean that all others need to recognize and obey it. 


http://www.slate.com/articles/news_and_politics/jurisprudence/2012/09/the_vile_anti_muslim_video_and_the_first_amendment_does_the_u_s_overvalue_free_speech_.html   

Zak Patterson


The article I looked at discussed how while most think that colleges are harbingers of free speech, in many cases they instead limit it. Colleges have enacted codes that push students to be politically correct and civil so as to avoid controversies that can arise when free expression is allowed, such as protests and open demonstrations. The writer of the piece, Greg Lukianoff, works for the Foundation for Individual Rights in Education, and studies by this foundation have found that 65 percent of colleges use methods that in their views went against the Constitution's right to free speech. The speech codes are intended to avoid controversy, but as the authors suggests, the codes "often backfire, suppressing free expression instead of allowing for open debate of controversial issues."       

http://www.nytimes.com/2012/10/25/opinion/feigning-free-speech-on-campus.html?ref=freedomofspeechandexpression&_r=0

Practicing Journalism vs. Staying in Business: Who Do Journalists Work For?

In Chapter 3 of The Elements of Journalism, Kovach and Rosenstiel make this statement:

By the end of the twentieth century, in deed if not in name, America's journalistic leaders had been transformed into businesspeople. Half of them report that they spend at least a third of their time on business matters rather than on journalism.

As citizens, we should be alarmed.

Based on your reading of Chapter 3, write a response to this assertion. In other words, should we be alarmed that journalism is a business? Why is this a problem? What difference does it make? Or is it a problem at all? If not, why not?

Refer to the examples in the chapter (or other recent examples you discover) and write a short essay of about 150 words (about 10 sentences) in response to the Kovach and Rosenstiel statement. Post your response by midnight Sunday. We will discuss these responses in class on Monday. See you then.

Free Expression in Early America: The Role of the Printed Word

The final two chapters of David Copeland's book, The Idea of a Free Press, review the development and growth of printing and newspapers in colonial America. In chapter seven Copeland writes about the many uses of the printed word in the colonies, one of which was public debate. Based on your reading of this chapter, identify and discuss a significant, specific role that the press played in the development of free expression. In other words, what role did the printed word play in establishing the American system of free expression?

For this assignment, write about 200 words (about 13 or 14 sentences). Remember, specifics are better than generalities, so cite specific details from chapters seven and eight as you make your argument.

This assignment is due by midnight Sunday, October 7. Also, remember to sign your name to the post. 

Banned Books Week: A Reading from Lolita

In recognition of this year's Banned Books Week, I am posting this short reading from Vladimir's Nabokov's 1955 novel, Lolita.

Defending Free Expression: A Short Video

Celebrate Reading with Banned Book Week

About this time every year the American Library Association sponsors Banned Book Week, a time to celebrate the freedom to read. Yes, the freedom to read—something most Americans take for granted. 

In recognition of Banned Books Week, I and some members of the Free Expression class last year recorded some YouTube videos reading selections from banned books. I'm not organizing a similar project this year, but students and other interested parties are welcome to think about—and even read—a banned book this fall.

There more information about the official Banned Book, check out the ALA website here.

Also, check out this link to a list of books banned for homosexual themes, which is one area of controversy in the fight over access to books and the role of libraries.

Free Speech v. Censorship: Applying Principles to Real-World Cases

It's easy to argue for free speech when the speech you are advocating is popular and agreeable. It's much harder to support free speech when the speech is unpopular, disagreeable and even hateful.

This situation, which I call "the paradox of free expression," has been in the news lately because of the anti-Muslim film that was posted on YouTube and which inspired anti-American demonstrations and violence in the Middle East and elsewhere.

In fact, the nature of the film and the violent response to it have renewed calls for government action against the filmmaker and calls for YouTube to remove the film from its site. Commenting on all of this, civil liberties writer Glenn Greenwald points out that neither the American left or right has taken a principled stand for free speech. Both sides have been quick to abandon a consistent free speech position and criticize YouTube. Both sides have pushed for government action to remove the film from the Internet.

Greenwald notes, however, that government attempts to censor political speech runs counter to the free speech philosophy of the First Amendment. Free expression is supposed to protect controversial and offensive ideas, he notes. Moreover, he continues, "the White House has no business sticking its nose into which videos YouTube decides to publish or suppress." (A link to Greenwald's column is here.) 

For this blog assignment, read the entire Greenwald column and think about his arguments in light of our recent class readings. What would Milton say about the current controversy? What position would Locke or Cato take on these matters? In other words, what ideas or principles would these thinkers apply to this situation?

For this blog assignment, identify one or more free speech principles from Milton, Locke or Cato and apply them to the current controversy. Explain how your principle(s) applies to the controversy and how it attempts to resolve the debate over offensive speech.

Write about 250 words, which is about 15 sentences. Note: This is a longer post than previous blog assignments.

Author Salman Rushdie Writes of His Life in Hiding

In 1998, writer Salman Rushdie published a novel called The Satanic Verses. It was a serious novel, not intended to provoke, but the book was soon identified as offensive to Islam and Rushdie found himself the subject of a fatwa. Ayatollah Ruhollah Khomeini called for Rushdie to be killed for his offenses to Islam.

This is news now because of the recent violence against Americans for a crude and offensive film anti-Islam produced in the U.S. and posted to YouTube. It's also news because Rushdie has published a memoir of his days in hiding. The book, Joseph Anton, tells of his 10 years living under police protection. (The New York Times has an interview with Rushdie about the book. Here's the link.) 

All of this gets raises important questions about free speech and religion. In the U.S., for example, people are rarely offended by a novel (a novel!) and they rarely resort to riots or violence. In the Middle East, however, religious sensitivities are different and free speech traditions are weak.

In sum, what are we to think of this clash of ideas? In the U.S. we tend to value free speech and tolerate religious criticism. But when does speech cross the line? And how should those offended by speech respond short of violence?

Think about these questions. I'd like to discuss this in some detail in class.

Enlightenment England and the Move Toward a Free Press

In Chapter 3 of The Idea of a Free Press, Copeland traces some of the historical developments that led to a free press in England. Based on your reading of the chapter, identify and explain the significance of one important historical event or incident that moved the English press closer to a system of free expression. Because this chapter is concerned with the growth of news, select an event or incident that involves news.

Write your post in the comments section below. For this post, write about 100 words (about seven or eight sentences). To do this well, cite specific details from Copeland and explain why your development is important in the growth of a free press in England. Originality is important too. It is bad form to repeat or rewrite what another student has already posted.

Also: Be prepared to discuss and defend your historical development in class. See you Monday.

Free Reading, Or Not: Book Censorship in China

Free expression is an old but on-going idea, a concept that shifts with the times. That's one lesson of a story I noticed a couple of days ago about writing, reading and publishing in China.

As the story notes, publishing fiction can be a tricky business in China, a nation that has not embraced the Western idea of free expression. Due to official censorship, self-censorship and other factors, Western readers get a narrow slice of Chinese literature and much of that comes from Chinese writers based outside of China.

Technology is also a factor, the story notes, as more and more Chinese fiction is "published" online.

There's more about writing and censorship in China here.

God, Religion and Liberty of Conscience

The first two chapters of David Copeland's book, The Idea of a Free Press, have a lot to say about religion and its role in the development of free expression. Copeland writes especially about the religion and an idea he calls "liberty of conscience" in Enlightenment England. But what was the connection between religion and liberty of conscience? How did a belief in God translate into notions of free expression?

Your assignment for this blog post is answer those questions. Do this by writing about 100 words (about 7 or 8 sentences) in which you identify in the reading at least one significant "real world" link between religion and the development of liberty. Beyond identifying that link, explain the significance of that connection on the development of free expression. That is, explain why this link was important.

Read these chapters carefully so that you will have a thoughtful and original short essay. We will be discussing these posts on Monday. See you then. 

Free Expression on the Web: Questions, Answers and Discussion

Watergate reporter Bob Woodward signing my copy of "All the President's Men" on campus last semester.

This is the first posting for the 2012 edition of the TU communication class History and Philosophy of Free Expression. As your instructor, I will be posting prompts and discussion questions about class readings on this site.

Following the schedule in the syllabus, you are to write succinct answers to these questions. The idea behind these blog posts is to push you to read and think carefully about the topics of the readings.

Your comments are due no later midnight on the day before the class. Be prepared to discuss your answers in class.

See you soon in Oliphant 141!