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Index
Cover Page
Praise for Saving Free Speech . . . from Itself
Also by Thane Rosenbaum
Title Page
Copyright
Dedication
Contents
Foreword by Bret Stephens
Introduction
1. Free Speech Reconsidered
2. American Outliers: Speech as Robust Right
3. Silenced Speech on the American College Campus
4. The General Public, and Keeping Your Mouth Shut
5. Free Speech May Be Less American than Football
6. Where it is Permissible to Say: Speak No More
7. What Is the Marketplace of Ideas?
8. Is Everything That Spills from the Mouth of a Speaker an Idea?
9. An Idea by Any Other Name
10. A Marketplace of Ideas for the Dumbfounded
11. What Is So Bad About the Regulation of Speech?
12. Speech That Is NON–SPEECH
13. Dignity by Right
14. Europe’s Focus on Privacy and Dignity Without Sacrificing Speech
15. Not Everything Should Be Open for Debate
16. Hate Leads to Violence
17. Where Dignity is Already Recognized—A Right to Privacy and Dignity
18. The Justices for Whom Dignity Always Mattered
19. Incivility and its Discontents
20. The Social Contract and Human Dignity
21. Tort Law to the Rescue of Dignity
22. Some Words, by “their very utterance,” Lose Their Free Speech Protections
23. “Sticks and Stones” Are Not the Only Cause of Serious Harm
24. Enter Science—Putting the Microscope to Wounding Words
25. The Physical and the Emotional: One and the Same in the Human Brain
26. First and Second Amendment Crazies
27. What Brain Scans Show and What Some Legal Decisions Say
28. The Mind’s Recall of Pain
29. The Consequences of Free Speech Taken Seriously
30. The Chaplinsky List and a Harm–Based Analysis
31. And Then the Supreme Court Got Even More Free Speech Crazy
32. Other Cases Where the Supreme Court Privileged Speech Over Pain
33. When Nazis in the United States Were Shown the Respect They Surely Did Not Deserve
34. Emotional Distress Claims Caused by Speech That Prevailed
35. When Cartoons Are Not Funny but Should Still Constitute Permissible Speech
36. Hate Speech is a Hate Crime
37. The Alternative Universe of the College Campus
38. The Right to Make a Bomb
39. Tolerating Skid Marks on the Slippery Slope
Conclusion
Acknowledgments
Endnotes
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