Speech, Crime, and the Uses of Language

by Kent Greenawalt

Overview

In this book, Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He analyzes the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies, examines the communications for which criminal liability is fixed, and demonstrates the significance of his conclusions for American constitutional law.

Product Details

ISBN-13:	9780198022404
Publisher:	Oxford University Press
Publication date:	02/29/2000
Sold by:	Barnes & Noble
Format:	eBook
File size:	605 KB

About the Author

Columbia University Law School

Table of Contents

I	Communicative Acts and Freedom of Speech
1.	Speech, Communication, and Crime	3
2.	Rationales for Freedom of Speech	9
3.	The Boundaries of Speech: What Actions and Restraints Are Significantly Reached by Justifications for Free Speech?	40
II	Crimes and Communications
4.	Agreements, Offers, Orders, and Criminal Implementation	79
5.	Threats	90
6.	Encouragements to Crime	110
7.	Fraud and Falsehood	130
8.	Offensiveness and Diffuse Harms	141
9.	Regulation of Expressive Activities for Reasons Unrelated to Content and Regulation of Activities That Are Not Inherently Expressive	158
III	Constitutional Limits on Prohibiting Speech
10.	The First Amendment and Its Interpretation	165
11.	The Developing Law of the Free Speech and Free Press Clauses	186
12.	General Approaches to First Amendment Interpretation	219
13.	Agreements, Offers, Orders, Implementation, and Training	239
14.	Conditional Threats and Offered Inducements	249
15.	Encouragements of Crime	260
16.	Reckless and Negligent Risk That One's Communications Will Cause Criminal Harms	281
17.	Offensiveness, Emotional Distress, and Diffuse Harms	287
18.	Falsity	314
19.	Prohibition Not Ostensibly Directed at the Content of Communications	328
20.	Agreement to Communicate	335
21.	Conclusion	339
	Index	343

Editorial Reviews

"The topics Greenawalt presents are interesting and have much relevance in today's times....The ideas are good and refreshing."—The Annals of the American Academy of Political Science

"So long as someone like Kent Greenawalt is at the scales there is no reason to fear that free speech will be balanced lightly away; Greenawalt's earnest concern for free speech shines through in every case he considers."—Constitutional Commentary

From the Publisher