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Right to Offend : Free Expression in the Twenty-first Century - Brian Winston

Right to Offend

Free Expression in the Twenty-first Century

Paperback

Published: 13th September 2012
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Over the past two decades, there have been a series of events that have brought into question the concept and practice of free expression.

In this new book, Winston provides an account of the current state of freedom of expression in the western world. He analyses all the most pertinent cases of conflict during the last two decades - including the fatwa against Salman Rushdie, the incident of the Danish cartoons and offended celebrities - examining cultural, legal and journalistic aspects of each case.

A Right to Offend offers us a deeper understanding of the increasingly threatening environment in which free speech operates and is defended, as well as how it informs and is central to journalism practice and media freedom more generally. It is important reading for all those interested in freedom of expression in the twenty-first century.

Every generation needs to be reminded, in George Orwell's words, that "Freedom is the right to tell people what they do not want to hear". This message is even more important in our globalized and networked world, in which nearly everyone, it seems, can speak and be heard. As usual, Brian Winston is an ideal guide to the past as well as the present and even the future challenges faced by those who are devoted to preserving this most basic human right. -- Larry Gross * USC Annenberg School for Communication & Journalism *
Brian Winston's A Right to Offend provides two important contributions to this fraught and often under-researched debate. He brings a welcome international scope of his inquiry, guiding the reader through the differing legal systems of, say, France and the U.S. But it is his frequent recourse to history that is most instructive...A highly readable and informative compendium on freedom of expression. -- John Kampfner, former chief executive of Index on Censorship * The British Journalism Review *
The book is no slim polemic, either, but a meticulously researched 400-page demolition of arguments for the closing down of speech, not only in the press, but also online and, thankfully, in wider society, too. Winston does a sterling job of placing Hackgate and Leveson in a sound historical and philosophical context that includes John Milton, Salman Rushdie, the internet and everything in between. -- Jason Walsh * Sp!ked Review of Books *
Winston's views here are more than mere academic ruminations * Journalism and Mass Communication Quarterly *
This encyclopedic account of 'the long, and often bloody, history of the struggle' for free speech aims to dispel 'the shadow of the fatwa' that spread from Salman Rushdie, and all those involved in the publication of The Satanic Verses, until it covered every writer and academic. -- Dennis Hayes, University of Derby * Times Higher Education Supplement *

Assumptionsp. xiii
Prosecutionp. 1
The Shadow of the Fatwap. 3
The Treason of the Clerksp. 14
The Abuses of 'Hackgate'p. 19
Defencep. 33
Histories - To Dispel the Shadow of the Fatwap. 35
Actiones: Casesp. 36
Defence of the Seven Sacraments against Martin Luther (1521): For a right of conscience and a right to publishp. 36
The Master &'Wardens of the Company of Stationers v. Mr John Milton (1644): For an unlicensed pressp. 45
R. v. mikes (1774): For libel trial by juryp. 57
The Case of Brass Crosby, esq. Lord Mayor of London on a Commitment by the House of Commons (1771): For the reporting of Parliamentp. 65
R. v. Hetherington (1841): For the end of press taxationp. 68
Consensu: Agreedp. 80
The King v. John Peter Zenger (1735): Press freedom in the United Statesp. 80
R. v. Joseph Howe, Darling v. Hall, The Crown Colony of New Zealand v. Quaife (1835-1840): A patternp. 92
New York Herald v. New York Sun (1835-1924): Mass circulationp. 95
La Loi du 29 juillet 1881 sur la liberte de la presse (1881): Press freedom in the Westp. 99
Non Sequitur: It Doesn't Followp. 115
Ernst von Wolzogen v. the Censors (1901): Censoring theatrep. 115
Mutual Film Corporation v. Ohio Industrial Commission (1915): Censoring cinemap. 124
Ex Concessis: Consequentiallyp. 132
'Improvement in Telegraphy', US Letters Patent No. 174,465 (1867): Electrifying communication, designing out freedomp. 132
Samuel 'Roxy' Rothafel v. American Telephone & Telegraph (1923): American radiop. 138
The British Broadcasting Corporation v. Mr George Formby (1937): Britain's 'third way'p. 155
The BBC v. Lord Beveridge (1942): The limits of radio freedomp. 169
Et Cetera: And So Onp. 184
The Baird Television Development Co. v. Electrical Mechanical Industries Co. (1936):'Inventing' televisionp. 184
In Re: The Bobo Doll (1958): The effects of televisionp. 190
Edward R. Murrow v. Senator Joseph R. McCarthy (1951): The limits of television freedomp. 199
Obita Dicta: Opinionp. 211
Noyce v. Kilby (1969): The coming of the digitalp. 211
Paul Baran v. AT&T (1964): Digitizing communicationsp. 217
Authors Guild Inc., Association of American Publishers Inc. et al. v. Google, Inc. (2008): Impactp. 225
Daily Herald v. Sun (1964): Convergencep. 238
Julian Assange v. the World (2010): The technicist illusion of freedomp. 244
Enlightenment - To Frustrate the Treason of the Clerksp. 255
Audi Alterem Partem: Hear the Other Sidep. 256
Sir Tom Stoppard v. Heinrich Heine (2006): In defence of free expressionp. 256
Gray et al. v. Todorov et al. (2008): In defence of the Enlightenmentp. 258
Law - To Correct the Abuses of Hackgatep. 267
Rationes Decidendi: The Reasons for Decisionp. 268
Sir Paul Stephenson et al. v. Alan Rusbridger and Paul Johnson (2010-11): Guarding the guardiansp. 268
National Socialist Party of America v. Village of Skokie (1977): Gesture as speechp. 269
Chaplinsky v. State of New Hampshire (1942): Speech as deedp. 272
United States v. One Book Called 'Ulysses' (1933): Obscenityp. 275
Gay News Ltd and Lemon v. United Kingdom (1982): Blasphemyp. 280
Attorney-General (United Kingdom) v. Heinemann Publishers Australia Pty Ltd (1988): Seditionp. 290
Hammond v. DPP [2004]: The limits of protected speechp. 295
Reynolds v. Times Newspapers Ltd [1999]: Defamationp. 298
Causa Sine Qua Non: The Indispensible Causep. 311
Campbell v. MGN Ltd [2004]: Privacyp. 311
Hustler Magazine, Inc. v. Falwell (1988): The 'Offence Principle'p. 322
Doe v. University of Michigan (1989): From 'civility' to 'hate'p. 328
Schenck v. United States"(1919): Proof of damagep. 337
Sir Ian Trethowan v. Tom Mangold (1981): Dangers of regulationp. 348
Conclusionsp. 353
Notesp. 356
Referencesp. 372
Indexp. 399
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781849660037
ISBN-10: 1849660034
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 208
Published: 13th September 2012
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.3 x 15.7  x 3.1
Weight (kg): 0.69
Edition Number: 1