Overcriminalizing Speech: Annotated Bibliography

1204 Words5 Pages
Christopher McCall
Laura Retersdorf
English 1102
10/12/16
Annotated Bibliography
Buchhandler-Raphael, Michal. "Overcriminalizing Speech." Cardozo Law Review 36.5 (2015): 1667-1737. Academic Search Complete. Web. 26 Sept. 2016.
This source highlights the absence of the first amendment in many speech related crimes, such as conspiracy and verbal harassment. The article discusses how these are not crimes that are being committed, rather, these are crimes that are only being discussed. This raises the question of whether or not the United States is overcriminilizing speech. The article argues that in order for these crimes to seriously be considered as a criminal offense, the government needs to create an objective way of qualifying what is and
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The article argues that the courts should only view harmful speech in the same eyes and rule them the same as if they were conduct harms. The source then discusses how many scholars believe that freedom of speech only applies when the benefits outweigh the harms, regarding what is being said. The article does a good job of approaching the problem through a semi-neutral lens. The article clearly lets its opinion be known at times; however, it approaches the opposite side of the argument in a fair manner. The article will be incredibly beneficial because it discusses when freedom of speech should not apply with a neutral approach. In my discussion of freedom of speech, I need to evaluate multiple points of view, which is exactly what this article…show more content…
"Intellectual Freedom And Freedom Of Speech: Three Theoretical Perspectives." Library Quarterly 86.2 (2016): 153-171. Professional Development Collection. Web. 17 Oct. 2016The source examines three different theories of Intellectual Freedom and Freedom of Speech. The article starts by defining intellectual freedom; it also establishes that American libraries are very efficient, and are a prime source for Americans to find information. It then furthers its purpose through establishing to the reader the link between Intellectual Freedom (IF) and Freedom of Speech. The source then gives a basic layout of its argument to the reader in the form of a chart. This helps the reader follow the author’s argument. The first theory that is discussed is the marketplace of ideas theory which states that ideas should be like products and compete with one another until eventually the dominant/best idea wins. The theory also discusses falsehoods and their place in the marketplace of ideas. The theory places falsehoods as a very important part of the marketplace, because falsehoods contribute to the integrity of the truths. The article then goes on to discuss the importance of Intellectual Freedom and Freedom of Speech in democracy. Oltmann states that Freedom of Speech is necessary to democracy because it allows the circulation of free thought and opinions that then lead to political involvement of Americans. The source then discusses the place that the library and IF

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