Concise and inexpensive, this unique blend of classic and contemporary readings covers theoretical and applied issues and incorporates 20 legal cases as examples. Closely edited readings are appropriate for beginners, yet challenging enough to keep interest of advanced students. Includes more work from law and economics, critical legal studies, and feminist jurisprudence than other texts currently available.

Legal Philosophy: Selected Readings

Politics & Social Sciences

Shiell, Timothy C.

Philosophy

Cengage Learning'

"The campus has no need for policement of prejudice," political scientist Martin Gruberg has observed. "Universities should confront offensive ideas by rebuttal, not by suppression." 
Despite commitments to free speech and the open exchange of ideas, American colleges and universities have increasingly ignored such recommendations by implementing numerous hate speech codes designed to protect students from racial, sexual, and other forms of harassment. Taking their cue from Title VII of the Civil Rights Act, which guarantees the right to a nonhostile workplace environment, these regulations have posed seemingly unresolvable conflicts between the ideals of free speech and equal protection. 
In the first book-length analysis of this issue, Timothy Shiell offers an evenhanded review of the codes and of the litigation that has arisen from them. He explores both sides of the fiery debate over campus hate speech to bring out its philosophical and legal underpinnings, clarifying classic free speech arguments as well as the ideas of harm and hostile environment. He also presents numerous case histories that demonstrate the perplexing nature of the dilemma for jurists. 
Shiell shows how campus speech codes have tended to be overbroad, arbitrarily enforced, and often used selectively to protect only certain groups. In pointing out that Title VII wasn't meant to apply to academia, he asks readers to consider the lengths to which courts should go in eliminating prejudice in this setting and presents a strong argument for the form these codes should ideally take. 
This important book makes it clear that any policy, no matter how well grounded in history, law, or philosophy, will leave something to be desired, and concludes that the value of free speech must be upheld even in support of hatred. As the first systematic analysis of campus hate speech and Title VII, Campus Hate Speech on Trial challenges academics and general readers alike to reconsider how we deal with this important issue.

Campus Hate Speech on Trial

Sociology

Univ Pr of Kansas

The debate over speech codes for colleges and universities centres on two conflicting goals: the need to ensure free speech and the desire to limit racist, sexist and similar speech. This is an analysis of the historical, legal and philosophical arguments for both sides.

Campus Hate Speech on Trial: Second Edition, Revised

Ten years after publication of the first edition of Timothy Shiell's pathbreaking study, restrictions on faculty and student speech on college campuses continue to be hotly contested in the mainstream media, on the internet, in the journals of academic disciplines, in courtrooms, classrooms, and chatrooms. This revised edition adds substantial new material that updates cases and conflicts during the past decade, expands the original's coverage of the relevant literature, and dramatically reinforces Shiell's original argument. In the first edition Shiell noted that, despite commitments to free speech and the open exchange of ideas, American colleges and universities had increasingly ignored such principles by implementing numerous hate speech codes designed to protect students from racial, sexual, and other forms of harassment. Taking their cue from Title VII of the Civil Rights Act, which guarantees the right to a non-hostile workplace environment, those regulations had posed seemingly unresolvable conflicts between the ideals of free speech and equal protection. Shiell explored both sides of the fiery debate over campus hate speech codes to bring out their philosophical and legal underpinnings, clarifying classic free speech arguments as well as the ideas of harm and hostile environment, and analyzing numerous case histories. Pointing out that Title VII wasn't meant to apply to academia, Shiell also encouraged readers to consider the role of the courts in eliminating prejudice in this setting and presented a strong argument for the form the codes themselves should ideally take. The new edition adds substantial new material on developments concerning the Deterrence Argument, the hostile environment approach, new judicial decisions, and the International Argument. It also updates the comprehensive bibliography and list of legal decisions, significantly increasing the value of both for scholars and policymakers alike. Shiell eloquently makes the case that campus speech codes—no matter how well grounded in history, law, or philosophy—have tended to be overbroad, arbitrarily enforced, and used selectively to protect only certain groups at the expense of others. For that reason especially, his book will continue to challenge academics and general readers to reconsider how we deal with this important issue.

History

Americas

University Press of Kansas

African Americans and the First Amendment: The Case for Liberty and Equality (African American Studies)

The first detailed examination of African Americans and First Amendment rights, from the colonial era to the present. African Americans and the First Amendment is the first book to explore in detail the relationship between African Americans and our “first freedoms,” especially freedom of speech. Timothy C. Shiell utilizes an interdisciplinary approach to demonstrate that a strong commitment to civil liberty and to racial equality are mutually supportive, as they share an opposition to orthodoxy and a commitment to greater inclusion and participation. This crucial connection is evidenced throughout US history, from the days of colonial and antebellum slavery to Jim Crow: in the landmark US Supreme Court decision in 1937 freeing the black communist Angelo Herndon; in the struggles and victories of the civil rights movement, from the late 1930s to the late ’60s; and in the historical and modern debates over hate speech restrictions. Liberty and equality can conflict in individual cases, Shiell argues, but there is no fundamental conflict between them. Robust First Amendment values protect and encourage demands for racial equality while weak First Amendment values, in contrast, lead to censorship and a chilling of demands for racial equality.

State University of New York Press

The first detailed examination of African Americans and First Amendment rights, from the colonial era to the present.

See the best price to sell, buy, or rent books by Shiell, Timothy C.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Shiell, Timothy C.

See the best price to sell, buy, or rent books by Shiell, Timothy C.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Legal Philosophy: Selected Readings

Campus Hate Speech on Trial

Campus Hate Speech on Trial

Campus Hate Speech on Trial: Second Edition, Revised

Campus Hate Speech on Trial: Second Edition, Revised

African Americans and the First Amendment: The Case for Liberty and Equality (African American Studies)

African Americans and the First Amendment: The Case for Liberty and Equality (African American Studies)