By Kent Greenawalt
ISBN-10: 0195077113
ISBN-13: 9780195077117
ISBN-10: 1429407603
ISBN-13: 9781429407601
During this publication Greenawalt explores the three-way courting among the assumption of freedom of speech, the legislations of crimes, and the various makes use of of language. He starts off by way of contemplating loose speech as a political precept, and after a radical and incisive research of the reasons typically complex for freedom of speech, seems to be on the different types of communications to which the primary of loose speech applies. He then turns to an exam of communications for which felony legal responsibility is mounted. targeting threats and solicitations to crime, Greenawalt makes an attempt to figure out even if legal responsibility for such communications heavily conflicts with freedom of speech. within the moment 1/2 the booklet he is going directly to enhance the importance of his conclusions for American constitutional legislation, addressing such questions as what may be thought of "speech" in the that means of the 1st modification, and what checks the courts may still hire in identifying no matter if specific felony statutes may be held constitutional. He concludes that the problems are too complicated to yield uncomplicated suggestions, and insists that the security of the 1st modification may be lowered neither to 1 justification nor to 1 all-purpose attempt of insurance.
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Additional info for Speech, Crime, and the Uses of Language
Sample text
21. For excellent modern discussions, see T. Emerson, "Towards a General Theory of the First Amendment," 72 Yale Law Journal 877-86 (1963); J. Feinberg, "Limits to the Free Expression of Opinion," in J. Feinberg and H. , Wadsworth Publishing Co. 1986); T. Scanlon, "Freedom of Expression and Categories of Expression," 40 University of Pittsburgh Law Review 519 (1979). 22. J. Milton, Areopagitica (London, for Hunter & Stevens 1819). 23. Abrams v. S. 616, 624, 630 (1919) (dissenting opinion). 24. Whitney v.
See generally J. Feinberg, Harm to Others (New York, Oxford University Press 1984). 3. This is what differentiates stopping whistling from stopping acts that themselves threaten harm over the long run. 4. G. , I. , New York, Harcourt Brace Jovanovich 1982). 5. But a "nonliberal" government may be much more willing to forestall perceived indirect harms and to promote virtuous habits than a liberal government. See note 1 supra. 6. See F. Schauer, Free Speech: A Philosophical Enquiry 5-12 (Cambridge, Cambridge University Press 1982).
To be morally legitimate a government needs to take this form and pursue only the prescribed purposes. Even in this hypothetical version, the theory is now highly controversial, because it posits individuals outside of organized society with needs, desires, talents, and property. Such an approach pays insufficient regard to the extent to which human nature and human purposes are themselves determined by organized society, and it underestimates the positive contributions society and government can make to human flourishing.
Speech, Crime, and the Uses of Language by Kent Greenawalt
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