Speech, Crime, and the Uses of LanguageIn 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 begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage. |
Contents
3 | |
9 | |
What Actions and Restraints Are Significantly Reached by Justifications for Free Speech? | 40 |
Crimes and Communications | 77 |
Agreements Offers Orders and Criminal Implementation | 79 |
Threats | 90 |
Encouragements to Crime | 110 |
Fraud and Falsehood | 130 |
General Approaches to First Amendment Interpretation | 219 |
Agreements Offers Orders Implementation and Training | 239 |
Conditional Threats and Offered Inducements | 249 |
Encouragements of Crime | 260 |
Reckless and Negligent Risk That Ones Communications Will Cause Criminal Harms | 281 |
Offensiveness Emotional Distress and Diffuse Harms | 287 |
Falsity | 314 |
Prohibition Not Ostensibly Directed at the Content of Communications | 328 |
Offensiveness and Diffuse Harms | 141 |
Regulation of Expressive Activities for Reasons Unrelated to Content and Regulation of Activities That Are Not Inherently Expressive | 158 |
Constitutional Limits on Prohibiting Speech | 163 |
The First Amendment and Its Interpretation | 165 |
The Developing Law of the Free Speech and Free Press Clauses | 186 |
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Common terms and phrases
abusive action acts actually advocacy agreement Amendment apply approach argument assertions of fact audience autonomous behavior Brandenburg certiorari Chaplinsky Chapter claims communication concern conditional threats conspiracy constitutional protection context criminal criminal solicitation defamation discussion distinction encouragements epithets example expressive value fact and value false falsehoods fighting words Flag Desecration Fourteenth Amendment freedom of speech Frohwerk harm ideas illegal imminent lawless action important insults intent interpretation involve J. L. Austin judgment justifications for free language Law Review legislative legislature libel liberal democracy liberty listener ment Model Penal Code obscenity offensive offers opinion ordinary Oregon Supreme Court particular person pornography principle of free problem prohibition punished regulation relevant response restrictions serious significant situation-altering utterances social solicitation someone speaker standard statements statute substantial suggested Suppose suppression supra Supreme Court theory threatened tion truth urging violence warning threats warrant words