Modern Power and Free Speech: Contemporary Culture and Issues of Equality

by Chris Demaske

Overview

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.

Product Details

ISBN-13:	9780739131602
Publisher:	Lexington Books
Publication date:	12/16/2008
Sold by:	Barnes & Noble
Format:	eBook
Pages:	248
File size:	417 KB

About the Author

Chris Demaske is associate professor in the Interdisciplinary Arts and Sciences Program at the University of Washington Tacoma.

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

Editorial Reviews

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

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

[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 Reviews

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.

David S. Allen

[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.

October 2009 Choice Reviews

[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

[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.

October 2009 CHOICE