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9 - The Anti-free Speech Movement

Published online by Cambridge University Press:  07 October 2021

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Summary

Chapter 9 focuses on various theorists who make up the Anti-Free Speech Movement, starting with philosopher Herbert Marcuse. They suggest that the First Amendment has been interpreted too broadly to allow protection for speech they believe is intolerable, and that this should be reversed. The chapter examines those who have espoused critical race theory to develop arguments for suppressing hate speech, and feminists who advocate suppressing sexually oriented speech. The connection between these various theorists is that they argue that the First Amendment has gone too far, yet they vigorously deny that they support censorship. In doing so, they adopt the rhetoric and tactics designed by Anthony Comstock, Fredric Wertham, and Newton Minow before them.The chapter concludes that the purpose of the First Amendment is to block government from having the type of power these theorists advocate, and suggests that one way to preserve free speech is to use this list of characteristics as a means of identifying censors.

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Chapter
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The Mind of the Censor and the Eye of the Beholder
The First Amendment and the Censor's Dilemma
, pp. 240 - 272
Publisher: Cambridge University Press
Print publication year: 2021

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