A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression
Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the “Marketplace of Ideas” metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored.
The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses.
Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues; Sparks student interest in “big picture” issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism.; Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights; Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable; Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions
Chapter 9: Time, Place, or Manner Restrictions
Time, Place, or Manner Restrictions
In previous chapters, we addressed the issue of freedom of speech by focusing on the content, meaning, or motivation behind the intended expression. Excluding the categorical exceptions—considered nonspeech for First Amendment purposes—we can generally say that restrictions aimed at expression because of its content, meaning, or motivation will be suspect. Suppose, however, that we shifted our focus, dealing less with content and more with context. As suggested in Chapter 5, it is possible that people ascribe certain meanings to so-called fighting words, ranging from a friendly insult to an invitation to fight. We can analyze context in other ways, including the manner by which a message is expressed, when it is expressed—and most significantly—where it is ...