Description
Book SynopsisModern Power and Free Speech takes a socio-political approach to question the application of the First Amendment in cases dealing with the speech rights of disempowered groups. Combining legal analysis, First Amendment theory, feminist theory, and political theory, Chris Demaske addresses the inadequacies of current free-speech doctrine.
Trade ReviewWhile 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. -- David S. Allen, associate professor of journalism and mass communication, University of Wisconsin, Milwaukee
Provocative, original, and incisive, Demaske has delivered a major work essential for the vital task of re-imagining our rights to free expression, our needs for inclusive liberties, and our demands for a fundamental re-awakening of democratic principles. Its influence will long be felt among critical theorists, feminist and legal scholars, and all those brave enough to dream of a future shaped by a discourse of equality, full participation, and justice. -- Robin Andersen, Fordham University
Modern Power and Free Speech puts the complexities of power where they belong in free-speech theory—at the center of the discussion. Chris Demaske skillfully brings together a variety of critical approaches to challenge those who hang onto inadequate liberal doctrines or are enamored with irrelevant postmodern ramblings. -- Robert Jensen, Director of the Senior Fellows Honors Program of the College of Communication, University of Texas at Austin
[The] contrast between the reasoning in First Amendement cases and the proposed three-pronged test, when applied to several contemporary First Amendendment issues will be appreciated by readers of all levels. . . . Recommended. * CHOICE, October 2009 *
Table of Contents1 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
