dunnettreader + free_speech   16

The Crypto-Keepers | Yasha Levine
It’s 7:30 p.m. on a Monday in June at an undisclosed location somewhere in northern Europe. I’m sitting in a private dining room in an upscale hotel, talking to…
Evernote  military-intel-industrial_complex  democracy_promotion  State_Dept  intelligence_agencies  social_media  cybersecurity  privacy  investment-government  R&D  propaganda  cryptography  free_speech  leaks  from instapaper
september 2017 by dunnettreader
New Books intetview - Tabetha Ewing, "Rumor, Diplomacy, and War in Enlightenment Paris" (2014)
Tabetha Ewing's Rumor, Diplomacy and War in Enlightenment Paris (Oxford University Studies in the Enlightenment, 2014) is all about the on dit, the word on the street that everyday Parisians might have picked up, and/or spread around town in the 1740s. Focused on rumor during the War of Austrian Succession that lasted from 1740-1748, Ewing's is a book that examines a range of urban voices and opinions across a pivotal decade of the Enlightenment. Taking very seriously the landscapes of gossip and fantasy, Rumor, Diplomacy, and War is intriguing in its subject matter and its methodology. Interested in the circulation of speech and ideas, Ewing tracks a variety of bruits–open and clandestine media, royal efforts to release and police information about matters of state and military conflict, and oral and written forms of communication. All this, with the aim of exploring a distinctively early-modern brand of political participation, and an "inchoate citizenship" that existed in the decades before the French Revolution. Questions of national identity, loyalty to the regime (or not), and political expression/representation were in the air during these years of war and Enlightenment. Ewing's is a book that shows us how much historians can hear if we listen carefully.
books  interview  audio  18thC  French_Enlightenment  French_politics  French_foreign_policy  military_history  political_culture  War_of_Austrian_Succession  public_opinion  diplomatic_history  publishing-clandestine  national_ID  national_interest  legitimacy  1740s  Louis_XV  political_press  political_participation  citizenship  representative_institutions  free_speech  public_sphere 
september 2015 by dunnettreader
Leo E. Strine , Nicholas Walter Originalist or Original: The Difficulties of Reconciling "Citizens United" with Corporate Law History :: SSRN - Notre Dame Law Review, 2015, Forthcoming (rev'd March 2015)
Leo E. Strine Jr., Supreme Court of Delaware; Harvard Law School; Penn Law School -- Nicholas Walter, Wachtell, Lipton, Rosen & Katz -- Citizens United has been the subject of a great deal of commentary, but one important aspect of the decision that has not been explored in detail is the historical basis for Justice Scalia’s claims in his concurring opinion that the majority holding is consistent with originalism. In this article, we engage in a deep inquiry into the historical understanding of the rights of the business corporation as of 1791 and 1868 — two periods relevant to an originalist analysis of the First Amendment. Based on the historical record, Citizens United is far more original than originalist, and if the decision is to be justified, it has to be on jurisprudential grounds originalists traditionally disclaim as illegitimate. -- PDF File: 94 -- Keywords: Jurisprudence, constitutional interpretation, original intent, original understanding, originalism, election law, campaign finance reform, corporate personhood, general corporation statutes, political speech, First National Bank of Boston v. Bellotti, Santa Clara County v. Southern Pacific Railroad -- downloaded pdf to Note
article  SSRN  corporate_law  corporate_citizenship  US_constitution  constitutional_law  originalism  free_speech  civil_liberties  legal_history  legal_theory  legal_reasoning  elections  campaign_finance  politics-and-money  downloaded 
july 2015 by dunnettreader
Adam Gopnik - A Massacre in Paris - The New Yorker - January 2015
The staff of the French magazine Charlie Hebdo , massacred in an act that shocked the world last week, were not the gentle… -- extremely helpful explanation of France's peculiar forms of satire which is the tradition in which Charlie Hebdo works -- ferociously anti-clerical and anti-monarchical (and the leaders of the various French Republics qualify for the latter, especially De Gaulle), crude, rude and unrefined
France  political_history  political_culture  politics-and-religion  18thC  19thC  20thC  21stC  terrorism  Islamist_fundamentalists  satire  free_speech  Instapaper  from instapaper
may 2015 by dunnettreader
Adam Gopnik - PEN Has Every Right to Honor Charlie Hebdo - The New Yorker - April 2015
Charlie Hebdo is not for those who like subtlety and suavity in their satire. The annual PEN Literary Gala, in which writers, the male half badly dressed in… Gopnik once again explains Charlie Hebdo's French-style sature, which was anything BUT punching down.
free_speech  satire  terrorism  Islamist_fundamentalists  France  anticlerical  political_culture  multiculturalism  politics-and-religion  political_press  Instapaper  from instapaper
may 2015 by dunnettreader
Regina Schwartz - Secularism, belief, and truth « The Immanent Frame - Oct 2011
Triggered by Bilgrami’s paper and Taylor's thoughts on respect of multicultural communities, becomes a meditation on the virtues of open, vigorous debate in endless truth-seeking stimulated by Milton. -- It is because that Truth of how best to live together is a mystery, not fully graspable, knowable, manipulable, after all, that we need to approach the dialogue with the other with full respect—to listen, learn, and evaluate. So I guess mystery turns out not to be so woosie for politics, after all. Another way to say this is that I agree with Taylor’s assessment that we are in an era of reflexivity regarding religion in which belief is always questionable and there are many different positions, that this is a good, the outcome of the Enlightenment and the romantic Counter-Enlightenment, and surely, we need that same reflexivity in our secular beliefs. -- downloaded page as pdf to Note
epistemology-social  religious_belief  multiculturalism  Taylor_Charles  secularism  free_speech  freedom_of_conscience  reflexivity  liberalism  Milton  downloaded  EF-add 
november 2014 by dunnettreader
Mark Graber, review - Danielle Citron, Hate Crimes in Cyberspace -- Balkinization - September 2014
Citron‘s HCiC redefines as criminal behavior the repeated threats, insults, and gross violations of basic privacy norms on the internet that too many people, police in particular, regard as juvenile behavior. ...a pathbreaking study of how cultural tolerance of bullying and harassment on the internet is threatening to turn the most important contemporary forum for ideas into masculine Wild West where respect and common decency are signs of weakness rather than basic norms of conduct. HciC offers a remarkably thorough survey of the depressing state of the internet for women. The first chapters detail how women are repeatedly attacked on the internet, ... Harassment and bullying have the same impact on the internet as elsewhere. Women participate less in cyberspace, they become more generally fearful, and they lose employment and other opportunities when persons attempt to research their background in cyberspace. The second set of chapters detail problems with present efforts to stop hate crimes on the internet. The first problem is .. anonymity makes attackers difficult to identify. The second are police attitudes. Finally, laws regulating bullying, harassment and stalking were not drafted with the internet in mind. -- The last set of chapters focus on legal and social solutions to the problem of hate crimes on the internet. -- HCiC has the same ambitions as Sexual Harassment of Working Women, but its different is for more successful. McKinnon has always believed Americans need theory to understand what is wrong with sexual harassment. Citron’s assumption is that all Americans need is common sense - people should not urge that women be murdered and raped, post nude photographs of ex-girl friends on revenge porn sites, or spread malicious gossip. -- The debate over HCiC will focus on the First Amendment rights of cyberbullies, but ...the book defines constitutional rights too broadly rather than too narrowly. HciC endorses a populist understanding of the internet in which “All information should be free.” ... why Citron struggles drawing boundaries between posting nude pictures of ex-girlfriends on revenge porn websites and posting other information about ex-girlfriends on various websites that may be constitutionally protected.
books  reviews  Internet  legal_system  legal_theory  privacy  women-rights  free_speech  reform-legal  reform-social  feminism  violence 
september 2014 by dunnettreader
Ronald Collins - Ask the author: Robert Post – Citizens Divided : SCOTUSblog - August 2014
The following is a series of questions posed by Ronald Collins on the occasion of the publication of Citizens Divided: Campaign Finance Reform & the Constitution by Robert C. Post, with commentaries by Pamela Karlan, Lawrence Lessig, Frank Michelman, and Nadia Urbinati. -- The central thesis of my book is to distinguish between two forms of American constitutional self-government. In the first and historically prior form of self-government, self-determination consists of a process of representation mediated by elections. I call this view of self-government “representation.” In the second form of self-government, which did not emerge until the twentieth century, self-determination consists of processes of ongoing communication constituted by First Amendment rights. I call this view of self-government “discursive democracy.” It turns out that representation and discursive democracy possess entirely different constitutional structures and properties. The tension between representation and discursive democracy is at the heart of the doctrinal confusion of cases like Citizens United. -- Question: You write that the “Justices who joined the majority opinion in Citizens United did not seem aware that the constitutional value of electoral integrity is implicit in their own reliance on First Amendment rights.” In this regard you add that your hope in this book is to “build a bridge between the majority and the dissent by illuminating the entailments of our own contemporary commitment to First Amendment ideals.” Tell us about that “bridge” you hope to construct between the Court’s so-called conservative and liberal wings?
books  reviews  kindle-available  US_constitution  SCOTUS  free_speech  elections  political_participation  legitimacy  campaign_finance  corporate_citizenship  corporate_law  democracy  discourse-political_theory  deliberation-public  representative_institutions  oligarchy  EF-add 
august 2014 by dunnettreader
James Schmidt - The Soldier, the Citizen, and the Clergyman, with a Postscript on Professors: Kant on Private Reason (Part II) | Persistent Enlightenment - August 2014
The only sensible response to the question “What would Kant think about Twitter?” is to point out that Kant hasn’t been thinking about anything for at least the last 210 years. But it might be worth pointing out, especially to those who evince concern about (as they tend to say) the “impact” of public statements made by faculty concerning various matters of public interest on the allegedly easily offended minds of students that Kant seems to have assumed that congregations could deal with clergy who instructed them in doctrines that — when they were not in the pulpit — they criticized in writings addressed to the public at large. But then Kant, while conceding that his was not an enlightened age, could still hope that it might be an age of enlightenment. I’d like to think the same. But the way things seem to be going, I wouldn’t bet on it.
intellectual_history  18thC  Germany  Kant  Frederick_the_Great  Prussia  free_speech  Enlightenment  Enlightenment-ongoing  obligation  moral_philosophy  political_philosophy  political_culture  US_politics  EF-add 
august 2014 by dunnettreader
Jeremy Waldron - Toleration and Calumny: Bayle, Locke, Montesquie and Voltaire on Religious Hate Speech (2010) :: SSRN
NYU School of Law, Public Law Research Paper No. 10-80 -- There is a considerable literature on the issue of hate speech. And there is a considerable literature on religious toleration (both contemporary and historic). But the two have not been brought into relation with one another. In this paper, I consider how the argument for religious toleration extends beyond a requirement of non-persection and non-establishment. I consider its application to the question of religious vituperation. The focus of the paper is on 17th and 18th century theories. Locke, Bayle and other Enlightenment thinkers imagined a tolerant society as a society free of hate speech: the kind of religious peace that they envisaged was a matter of civility not just non-persecution. The paper also considers the costs of placing limits (legal or social limits) on religious hate-speech: does this interfere with the forceful expression of religious antipathy which (for some people) the acceptance of their creed requires? -- Number of Pages in PDF File: 25 -- Keywords: Bayle, Defamation, Enlightenment, Hate Speech, Locke, Toleration -- downloaded pdf to Note
paper  SSRN  intellectual_history  17thC  18thC  Enlightenment  tolerance  religious_belief  religious_wars  religious_lit  anticlerical  anti-Catholic  persecution  free_speech  civil_society  civic_virtue  politeness  hate_speech  freedom_of_conscience  Bayle  Locke  Locke-religion  Montesquieu  Voltaire  universalism  heresy  politics-and-religion  political_culture  minorities  public_sphere  public_disorder  civility-political  respect  downloaded  EF-add 
july 2014 by dunnettreader
Brian Leiter - The Case Against Free Speech (July 2014 working paper) :: SSRN
Free societies employ a variety of institutions — including courts and schools — in which speech is heavily regulated on the basis of its content ... in order to promote other desirable ends, including discovery of the truth. I illustrate this with the case of courts and rules of evidence. Three differences between courts and the polity might seem to counsel against extending that approach more widely. First, the courtroom has an official and somewhat reliable (as well as reviewable) arbiter of the epistemic merits, while the polity may not. Second, no other non-epistemic values of speech are at stake in the courtroom, whereas they are in the polity. Third, the courtroom’s jurisdiction is temporally limited in a way the polity’s may not be. I argue that only the first of these poses a serious worry about speech regulation outside select institutions like courts. I also argue for viewing "freedom of speech" like "freedom of action": speech, like everything else human beings do, can be for good or ill... and thus the central question in free speech jurisprudence should really be how to regulate speech effectively — to minimize its very real harms, without undue cost to its positive values — rather than rationalizing (often fancifully) the supposed special value of speech. In particular, I argue against autonomy-based defenses of a robust free speech principle. I conclude that the central issue in free speech jurisprudence is not about speech but about institutional competence; I offer some reasons — from the Marxist "left" and the public choice "right"— for being skeptical that capitalist democracies have the requisite competence; and make some suggestive but inconclusive remarks about how these defects might be remedied. - No of Pages: 41
paper  SSRN  philosophy_of_law  political_philosophy  free_speech  Mill  Hayek  Adorno  Frankfurt_School  Kant  Kant-ethics  Marx  autonomy  networks-information  evidence  epistemology-social  education  regulation  public_choice  public_sphere  public_opinion  political_participation  competition 
july 2014 by dunnettreader
"Reclaiming Egalitarianism in the Political Theory of Campaign Finance " by Frank Pasquale | 2008 University of Illinois Law Review 599
Keywords - campaign finance, egalitarianism, political theory, Rawls, deliberative democracy, politics -- Recent advocacy for campaign finance reform has been based on an ideal of the democratic process which is unrealistic and unhelpful. Scholars should instead return to its egalitarian roots. This article examines how deliberative democratic theory became the main justification for campaign finance reform. It exposes the shortcomings of this deliberativist detour and instead models campaign spending as an effort to commodify issue-salience. Given this dominant function of money in politics, a more effective paradigm for reform is equalizing influence. Advocates of campaign regulation should return to the original principles of reformers; not an idealized vision of the democratic process, but pragmatic concerns about moneyed interests acquiring too much influence over the nation's politics. -- downloaded pdf to Note
article  political_philosophy  legal_theory  constitutionalism  democracy  political_participation  egalitarian  US_constitution  free_speech  plutocracy  interest_groups  legitimacy  campaign_finance  US_legal_system  SCOTUS  media  corruption  franchise  political_culture  political_economy  downloaded  EF-add 
july 2014 by dunnettreader
On Compromise (1874) -- The works of Lord Morley, Vol 3 - John Morley - Google Books
Concerned about erosion of acting according to moral and political principles. Analysis of causes (1) French example of claiming that policies deduced from general principles gives principle a bad name (2) historicism (1st rumbles of "relativism" accusation) (3) newspapers responding to short term opinions and prejudices of buyers (4) State Church puts important part of educated elite into defense of status quo and rejection of thinking through implications of new information, conditions etc - as well as encourage hypocrisy (5) nouveau riche that has neither the class tradition of noblesse oblige nor what he takes to be widely shared American attachment to the notion of the common good -- a political and intellectual_history of 19thC England, including reaction to Enlightenment - last chapter focus on free thought vs free speech, Locke, JS Mill, liberty and toleration, ending with remarks by Diderot -- added to Google_Books library
books  etexts  Google_Books  18thC  19thC  British_history  British_politics  intellectual_history  France  Anglo-French  Enlightenment  Hume  Diderot  Locke-religion  Mill  tolerance  free-thinkers  free_speech  public_opinion  newspapers  haute_bourgeoisie  moral_philosophy  political_philosophy  political_culture  Church_of_England  religious_culture  religious_belief  historicism  evolution-social  evolution-as-model  liberalism  Victorian  Morley  EF-add 
may 2014 by dunnettreader
Your Evening Jemmy (against legislative encroachment on freedom of speech) - Esquire
Hence, in the United States the great and essential rights of the people are secured against legislative as well as against executive ambition. They are secured, not by laws paramount to prerogative, but by constitutions paramount to laws. This security of the freedom of the press requires that it should be exempt not only from previous restraint by the Executive, as in Great Britain, but from legislative restraint also; and this exemption, to be effectual, must be an exemption not only from the previous inspection of licensers, but from the subsequent penalty of laws. -- James Madison, Report On The Virginia Resolutions, 1800
English_constitution  US_constitution  civil_liberties  political_press  free_speech  prerogative  Madison  Bolingbroke  EF-add 
may 2014 by dunnettreader
Randy Robertson: Swift's "Leviathan" and the End of Licensing (2005)
JSTOR: Pacific Coast Philology, Vol. 40, No. 2 (2005), pp. 38-55 -- a close reading of Tale of the Tub as a Hobbesian attack on pernicious political and religious controversialist press in wake of lapse of Licensing Act -- in lieu of censorship, shut down Grub Street with ridicule -- lots of references to evolution of law on freedom of the press, libel etc and history of the book
article  jstor  literary_history  intellectual_history  political_philosophy  political_culture  religious_culture  publishing  public_sphere  political_press  politics-and-literature  religious_lit  censorship  free_speech  17thC  1690s  Swift  downloaded  EF-add 
september 2013 by dunnettreader
Review by: Paul Langford: The Licensing Act of 1737 by Vincent J. Liesenfeld (1987)
JSTOR: The English Historical Review, Vol. 102, No. 404 (Jul., 1987), p. 726 -- looks like lots of useful details including similar crackdown at Cambridge and Oxford
books  reviews  find  18thC  British_politics  1730s  political_press  censorship  free_speech  theater  university  satire  Walpole  George_II  EF-add 
september 2013 by dunnettreader

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