言論の自由の１世紀 The Free Speech Century

著者名：Stone, Geoffrey R. (EDT)/Bollinger, Lee C. (EDT)

Oxford University Press（2018/11/02発売）

• 言語：ENG
• ISBN：9780190841386
• eISBN：9780190841409

Description

The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal.In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed.Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.

Table of Contents

Dialogue: Lee C. Bollinger & Geoffrey R. StonePart I: The Nature of First Amendment JurisprudenceRights Skepticism and Majority Rule at the Birth of the Modern First AmendmentVincent A. BlasiEvery Possible Use of Language?Frederick SchauerRethinking the Myth of the Modern First AmendmentLaura WeinribThe Discursive Benefits of Structure: Federalism and the First AmendmentHeather K. GerkenPart II: Major Critiques and Controversial Areas of First Amendment JurisprudenceCitizens United: Predictions and RealityFloyd AbramsOn the Legitimate Aim of Congressional Regulation of Political Speech: An Originalist ViewLawrence LessigThe Classic First Amendment Tradition Under Stress: Freedom of Speech and the UniversityRobert C. PostKeeping SecretsDavid A. StraussThe First Amendment: An Equality ReadingCatharine A. MacKinnonDoes the Clear and Present Danger Test Survive Cost-Benefit Analysis?Cass R. SunsteinPart III: The International Implications of the First AmendmentReflections on the Firstness of the First AmendmentAlbie SachsFreedom of Expression Abroad: The State of PlayTom GinsburgHate Speech at Home and AbroadSarah H. ClevelandPart IV: New Technologies and the First Amendment of the FutureThe Unintentional Press: How Technology Companies Fail as PublishersEmily BellDefining the Boundaries of Free Speech on Social MediaMonika BickertIs the First Amendment Obsolete?Tim WuEpilogue: Lee C. Bollinger & Geoffrey R. Stone