Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.

"This is the best all-around media law text for undergraduate and graduate students alike. The clear, nonthreatening writing style of the authors, by itself, sets this book apart. And yet, it does so by not leaving out any important areas of inquiry. That’s why my colleagues and I continue to adopt this for all of our media law classes." —Jonathan Kotler, University of Southern California In The Law of Journalism and Mass Communication, authors Susan Dente Ross, Amy Reynolds, and Robert Trager present a lively, up-to-date, and comprehensive introduction to media law that brings the law to life for future professional communicators. The book is grounded in the traditions and rules of law but also contains fresh facts and relevant examples that keep readers engaged. Tightly focused breakout boxes highlight contemporary examples of the law in action or emphasize central points of law as well as intersections with international law and policy. The thoroughly updated Seventh Edition contains a wealth of new content that is as timely as possible—from the U.S. Supreme Court, federal and state courts, Congress, executive agencies, federal and state policymakers and advisory groups, and media organizations and allies. A refreshed look, feel, and flow of chapters provide readers an understanding of fast-expanding areas of the law and legal complexities.

The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c