FAN.4 (First Amendment News)

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In this issue of FAN I flag some forthcoming books that should be of interest to First Amendment enthusiasts.  I hope to say more about some of these works when they are published. Before proceeding to the forthcoming books, I want to to share a video link to Justice John Paul Stevens’ February 7, 2014 speech to the ABA Forum on Communications Law (hat tip to Steven Zansberg). I also want to to highlight a just-released book.

Former Stanford University President and former dean of the University of Chicago Law School Gerhard Casper has published a book entitled The Winds of Freedom: Addressing Challenges to the University (Yale University Press, 248 pp.). Chapter 4 of that book (pp. 64-83) is titled “Corry v. Stanford University: The Issue of Free Expression.” The Cory case involved a challenge to Stanford’s speech code. Anyone familiar with Professor Casper’s impressive scholarship will want to examine this book. (On a related front, this April Yale University press will release the paperback version of Dean Robert Post’s Democracy, Expertise, and Academic Freedom: A First Amendment Jurisprudence for the Modern State.)

Now, onto the forthcoming books and a few related matters:

  1. Stanley Fish is Coming!: Following the general Casper-Post theme, Stanley Fish offers his own unique perspective in Versions of Academic Freedom: From Professionalism to Revolution — The Rice University Campbell Lectures (192 pp, Univ. of Chicago Press, Oct. 2014). Here is a description of the book: “Providing a blueprint for the study of academic freedom, Fish breaks down the schools of thought on the subject, which range from the idea that academic freedom is justified by the common good or by academic exceptionalism, to its potential for critique or indeed revolution. Fish himself belongs to what he calls the ‘It’s Just a Job’ school: while academics need the latitude—call it freedom if you like—necessary to perform their professional activities, they are not free in any special sense to do anything but their jobs.  Academic freedom, Fish argues, should be justified only by the specific educational good that academics offer. Defending the university “in all its glorious narrowness” as a place of disinterested inquiry, Fish offers a bracing corrective to academic orthodoxy.”
  2. Press Freedom & Press Performance: University of Texas Journalism Professor Regina Lawrence has revised the late Timothy E. Cook’s edited work entitled Freeing the Presses: The First Amendment in Action (Louisiana State University Press, 2nd ed., June 2014). Contributors include: Charles Clark, Jack Weiss, Frederick Schauer, Michael Schudson, Ralph Izard, W. Lance Bennett, Craig Freeman, Diana Owen, Emily Erickson, Timothy Cook, and the new editor.
  3. U.S. v. Stevens — the book: In Animal Cruelty and Freedom of Speech: When Worlds Collide (Purdue University Press, pp. 260, May 2014) Wake Forest Law Professor Abigail Perdue and Dr. Randall Lockwood (senior vice president for Forensic Sciences & Anti-Cruelty Projects of the American Society for the Prevention of Cruelty to Animals) offer a detailed case study of the Stevens case. The authors provide a survey of important issues facing society in the area of animal welfare. “The Stevens case included various ‘hot topic’ elements connected to the role of government as arbiter of public morality, including judicial attitudes to sexual deviance and dogfighting. Because it is one of only two animal rights cases that the US Supreme Court has handled, and the only case discussing the competing interests of free speech and animal cruelty, it will be an important topic for discussion in constitutional and animal law courses for decades to come.”
  4. Boy Scouts of America v. Dale — the book: The next addition to the University Press of Kansas’ impressive Landmark Law Cases and American Society series is Judging the Boy Scouts of America: Gay Rights, Freedom of Association, and the Dale Case (272 pp., May 2014). In this forthcoming book, Willamette University Professor Richard J. Ellis “tells the fascinating story of the Dale case, placing it in the context of legal principles and precedents, Scouts policies, gay rights, and the “culture wars” in American politics.”
  5. The State of Funeral-Picketing Laws — The folks over at the First Amendment Center have just released a special report entitled the “Constitutionality of State Funeral-Picketing Laws Since Snyder v. Phelps.” The report was prepared for the Newseum Institute’s First Amendment Center by a team of law students from the Columbus School of Law at The Catholic University of America and examines the legal and legislative responses, as of January 1, 2014, to Snyder v. Phelps.
  6. In light of the recent passing of Professor George Anastaplo, I thought I would alert readers to some of his works on free speech, which include: Reflections on Freedom of Speech and the First Amendment (2007); The Amendments to the Constitution: A Commentary (1995, pp. 47-58); and The Constitutionalist: Notes on the First Amendment (1971 & 2005). Finally, for an audio file of Professor Anastaplo’s arguments before the Supreme Court in In re Anastaplo, go here.
  7. Last Issue of FAN: If you missed it, go here.
  8. Next Scheduled Issue of FAN: Wednesday, March 5th.

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