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Speech Out of Doors

Details

  • 11 b/w illus.
  • Page extent: 362 pages
  • Size: 228 x 152 mm
  • Weight: 0.6 kg

Hardback

 (ISBN-13: 9780521517300)

Speech Out of Doors
Cambridge University Press
9780521517300 - Speech Out of Doors - Preserving First Amendment Liberties in Public Places - By Timothy Zick
Frontmatter/Prelims

Speech Out of Doors

Even in an age characterized by increasing virtual presence and communication, speakers still need physical places in which to exercise First Amendment liberties. This book examines the critical intersection of public speech and spatiality. Through a tour of various places on what the author calls the “expressive topography,” the book considers a variety of public speech activities, including sidewalk counseling at abortion clinics, residential picketing, protesting near funerals, assembling and speaking on college campuses, and participating in public rallies and demonstrations at political conventions and other critical democratic events. This examination of public expressive liberties, or speech out of doors, shows that place can be as important to one’s expressive experience as voice, sight, and auditory function. Speakers derive a host of benefits, such as proximity, immediacy, symbolic function, and solidarity, from message placement. Unfortunately, for several decades the ground beneath speakers’ feet has been steadily eroding. The causes of this erosion are varied and complex; they include privatization and other loss of public space, legal restrictions on public assembly and expression, methods of policing public speech activity, and general public apathy. To counter these forces and reverse at least some of their effects will require a focused and sustained effort – by public officials, courts, and of course, the people themselves.

Timothy Zick is Professor of Law at the College of William & Mary Marshall-Wythe School of Law. He has published numerous articles on freedom of speech and other constitutional issues.


Speech Out of Doors

Preserving First Amendment Liberties in Public Places

Timothy Zick

Marshall-Wythe School of Law
William & Mary


CAMBRIDGE UNIVERSITY PRESS
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi

Cambridge University Press
32 Avenue of the Americas, New York, NY 10013-2473, USA

www.cambridge.org
Information on this title: www.cambridge.org/9780521731966

© Timothy Zick 2009

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2009

Printed in the United States of America

A catalog record for this publication is available from the British Library.

Library of Congress Cataloging in Publication Data

Zick, Timothy.
Speech out of doors: preserving First Amendment liberties in public places / Timothy Zick.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-521-51730-0 (hardback) – ISBN 978-0-521-73196-6 (pbk.) 1. Freedom of speech – United States. 2. Assembly, Right of – United States. 3. Law and geography – United States. I. Title.
KF4772.Z42 2008
342.7308′54–dc22 2008033691

ISBN 978-0-521-51730-0 hardback
ISBN 978-0-521-73196-6 paperback

Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party Internet Web sites referred to in this publication and does not guarantee that any content on such Web sites is, or will remain, accurate or appropriate. Information regarding prices, travel timetables, and other factual information given in this work are correct at the time of first printing, but Cambridge University Press does not guarantee the accuracy of such information thereafter.


For Brian Tamanaha – scholar, mentor, friend.


When one allows a political association to place centers of action at certain important points of the country, its activity becomes greater and its influence more extended. There men see each other; means of execution are combined and opinions are deployed with the force and heat that written thought can never attain.

Alexis deTocqueville, Democracy in America

At the heart of our jurisprudence lies the principle that in a free nation citizens must have the right to gather and speak with other persons in public places.

International Society for Krishna Consciousness v. Lee,

505 U.S. 672, 696 (1992) (Kennedy, J., concurring)


Contents

List of Figures
ix
Preface
xi
Acknowledgments
xv
1.    Introduction: The Geography of Expression
1
2.    The Expressive Topography and Public Liberties
25
3.    Embodied Places
65
4.    Contested Places
105
5.    Non-Places
144
6.    Inscribed Places
182
7.    Militarized Places
220
8.    Places of Higher Learning
259
9.    Networked Public Places
294
Epilogue
325
Index
331

List of Figures

1.1         The “Demonstration Zone”
2
1.2         Immigrants’ March, Downtown Los Angeles, CA (May 2006)
15
2.1         A British Customs Official Is Tarred and Feathered
29
2.2         Rendition of The Haymarket Riot (1886)
33
2.3         Water Celebration on Boston Common
34
2.4         Suffrage Parade, Washington, D.C. (1913)
35
2.5         Aerial View of Levittown, PA (ca 1959)
39
2.6         Wobblies Arrested During a “Free Speech Fight” (1912)
44
2.7         School Segregation Protest
48
2.8         Civil Rights March on Washington, D.C.
49
2.9         Alabama Police Attack Selma to Montgomery Marchers (March 7, 1965)
52
3.1         Hall’s Proxemic Zones
68
3.2         Planned Parenthood Sidewalk Protest
84
3.3         The “Freemont Street Experience”
91
4.1         Civil Rights Marchers at the Lincoln Memorial (August 1963)
107
4.2         Sit-In at a Woolworth’s Lunch Counter (1960)
110
4.3         Members of the Granny Peace Brigade
113
4.4         Planned Parenthood Prayer and Protest, St. Louis, Missouri (January 2008)
120
4.5         Pasadena, Texas Residential Protest
123
4.6         Westboro Baptist Church Funeral Protest, Topeka, Kansas (2005)
124
5.1         Inside the Mall of America
165
5.2         Brea Mall, Brea, CA
177
6.1         Civil Rights March on the National Mall, Washington, D.C. (1963)
188
6.2         “First Amendment Area,” Muir Woods, CA
194
6.3         The Great Lawn, Central Park, New York City
204
6.4         Audience Watching a Public Demonstration During Construction, Union Square Park, New York City (June 2008)
205
7.1         The “DZ” from Outside
228
7.2         The “DZ” Facing the Fleet Center
229
7.3         Security at the “DZ”
230
8.1         Campus Gate – University of California, Berkeley
261
8.2         Protest on Sproul Plaza (April 2005)
262
8.3         Ohio University “Free Speech Zones”
279
8.4         Free Speech Gazebo at Texas Tech University
280
9.1         CCTV Sign, District of Columbia
297
9.2         CCTV Camera, District of Columbia
298
9.3         Number of CCTV Cameras in NYC Financial District, 1998–2005
299




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