Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.

Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.

The rhetorical presumption of war's necessity makes violence regrettable, but seemingly sane, and functions to shame anyone who opposes military action. Ivie proposes that the presence of dissent is actually a healthy sign of democratic citizenship, and a responsible and productive act, which has been dangerously miscast as a threat to national security. Ivie, a former US Navy petty officer, puts a microscope to the language of war supporters throughout history and follows the lives and memories of soldiers and anti-war activists who have dealt with degrees of confusion and guilt about their opposition to war. Arguing that informed dissent plays out largely in the realm of rhetoric, he equips readers with strategies for resisting the dehumanizing language used in war propaganda. Through his careful study of language strategies, he makes it possible to foster a community where dissenting voices are valued and vital.

A feminist approach to first amendment law.

A powerful and moving study of the relationship between patriotism and dissent in the post-September 11 era

How is dissent implicated in problems plaguing theory development in leadership studies? This collection of original papers puts forward proposals for legitimating dissent as a unique instrument for advancing social development and avoiding failures of leadership.