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Speech, Crime, and the Uses of Language - Kent Greenawalt

Speech, Crime, and the Uses of Language

Paperback

Published: 17th September 1992
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In 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.

"The topics Greenawalt presents are interesting and have much relevance in today's times....The ideas are good and refreshing."--The Annals of the American Academy of Political Science "So long as someone like Kent Greenawalt is at the scales there is no reason to fear that free speech will be balanced lightly away; Greenawalt's earnest concern for free speech shines through in every case he considers."--Constitutional Commentary "The topics Greenawalt presents are interesting and have much relevance in today's times....The ideas are good and refreshing."--The Annals of the American Academy of Political Science "So long as someone like Kent Greenawalt is at the scales there is no reason to fear that free speech will be balanced lightly away; Greenawalt's earnest concern for free speech shines through in every case he considers."--Constitutional Commentary

Communicative Acts and Freedom of Speech
Speech, Communication, and Crimep. 3
Rationales for Freedom of Speechp. 9
The Boundaries of Speech: What Actions and Restraints Are Significantly Reached by Justifications for Free Speech?p. 40
Crimes and Communications
Agreements, Offers, Orders, and Criminal Implementationp. 79
Threatsp. 90
Encouragements to Crimep. 110
Fraud and Falsehoodp. 130
Offensiveness and Diffuse Harmsp. 141
Regulation of Expressive Activities for Reasons Unrelated to Content and Regulation of Activities That Are Not Inherently Expressivep. 158
Constitutional Limits on Prohibiting Speech
The First Amendment and Its Interpretationp. 165
The Developing Law of the Free Speech and Free Press Clausesp. 186
General Approaches to First Amendment Interpretationp. 219
Agreements, Offers, Orders, Implementation, and Trainingp. 239
Conditional Threats and Offered Inducementsp. 249
Encouragements of Crimep. 260
Reckless and Negligent Risk That One's Communications Will Cause Criminal Harmsp. 281
Offensiveness, Emotional Distress, and Diffuse Harmsp. 287
Falsityp. 314
Prohibition Not Ostensibly Directed at the Content of Communicationsp. 328
Agreement to Communicatep. 335
Conclusionp. 339
Indexp. 343
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780195077117
ISBN-10: 0195077113
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 368
Published: 17th September 1992
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 22.91 x 15.44  x 2.29
Weight (kg): 0.59