Download or read book Commercial Speech as Free Expression written by Martin H. Redish and published by Cambridge University Press. This book was released on 2021-06-10 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bold, controversial advance in the theory of free expression, grounded in a new underlying theoretical perspective, for a dramatic extension of commercial speech protection.
Download or read book Advertising and Commercial Speech written by Steven G. Brody and published by Practising Law Inst. This book was released on 2004 with total page 805 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advertising and Commercial Speech: A First Amendment Guide gives you the authoritative answers. Written by First Amendment experts, it examines the origin, meaning, and legal evolution of the Supreme Court's commercial speech doctrine, focusing on how this central doctrine's rights and restrictions affect advertising in nearly 50 industries and professions.
Download or read book Brandishing the First Amendment written by Tamara Piety and published by University of Michigan Press. This book was released on 2012-02-08 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tamara R. Piety argues that increasingly expansive First Amendment protections for commercial speech imperil public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Using evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies, she shows how overly permissive extensions of protections to commercial expression limit governmental power to address a broad range of public policy issues.
Download or read book Commercial Speech as Free Expression written by Martin H. Redish and published by Cambridge University Press. This book was released on 2021-06-10 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, commercial speech was summarily excluded from First Amendment protection, without reason or logic. Starting in the mid-1970s, the Supreme Court began to extend protection but it remained strictly limited. In recent years, that protection has expanded, but both Court and scholars have refused to consider treating commercial speech as the First Amendment equivalent of traditionally protected expressive categories such as political speech or literature. Commercial Speech as Free Expression stands as the boldest statement yet for extending full First Amendment protection to commercial speech by proposing a new, four-part synthesis of different perspectives on the manner in which free expression fosters and protects expressive values. This book explains the complexities and subtleties of how the equivalency principle would function in real-life situations. The key is to recognize that as a matter of First Amendment value, commercial speech deserves treatment equivalent to that received by traditionally protected speech.
Download or read book Commercial Speech and the First Amendment written by Landmark Publications and published by . This book was released on 2019-06-16 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and discuss First Amendment commercial speech doctrine. * * * "The States and the Federal Government are free to prevent the dissemination of commercial speech that is false, deceptive, or misleading, or that proposes an illegal transaction. Commercial speech that is not false or deceptive and does not concern unlawful activities, however, may be restricted only in the service of a substantial governmental interest, and only through means that directly advance that interest." Id. at 638, 105 S.Ct. 2265 (citing Central Hudson, 447 U.S. at 566, 100 S.Ct. 2343) (other internal citations omitted).The regulation of commercial speech is subject to different levels of review, depending on the nature of the law. In Central Hudson, the Court established that a restriction on commercial speech is subject to intermediate scrutiny, that is, a determination of whether the restriction directly advances a substantial governmental interest and is not overly restrictive. 447 U.S. at 564, 100 S.Ct. 2343. In Zauderer, however, the Court created an exception that an informational disclosure law- as opposed to a prohibition on speech- was subject to rational review, that is, a determination of whether the required disclosure is reasonably related to the state's interest. 471 U.S. at 651, 105 S.Ct. 2265. Safelite Group, Inc. v. Jepsen, 764 F. 3d 258 (2nd Cir. 2014).
Download or read book The Soul of the First Amendment written by Floyd Abrams and published by Yale University Press. This book was released on 2017-01-01 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
Download or read book The First Amendment written by David L. Hudson and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book What is Wrong with the First Amendment written by Steven H. Shiffrin and published by Cambridge University Press. This book was released on 2016-10-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
Download or read book Freedom of Speech and Press written by Henry Cohen and published by DIANE Publishing. This book was released on 2010-02 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of the major exceptions to the First Amendment ¿ of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. Contents: Intro.; Obscenity; Child Pornography; Content-Based Restrictions; Non-Content-Based Restrictions; Prior Restraint; Commercial Speech; Defamation; Speech Harmful to Children; Children¿s First Amend. Rights; Time, Place, and Manner Restrictions; Incidental Restrictions; Symbolic Speech; Compelled Speech; Radio and TV; Freedom of Speech and Gov¿t. Funding; Free Speech Rights of Gov¿t. Employees and Gov¿t. Contractors; and Public Forum Doctrine.
Download or read book Tailspin written by Steven Brill and published by Vintage. This book was released on 2018-05-29 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revelatory narrative covering the years 1967 to 2017, Steven Brill gives us a stunningly cogent picture of the broken system at the heart of our society. He shows us how, over the last half century, America’s core values—meritocracy, innovation, due process, free speech, and even democracy itself—have somehow managed to power its decline into dysfunction. They have isolated our best and brightest, whose positions at the top have never been more secure or more remote. The result has been an erosion of responsibility and accountability, an epidemic of shortsightedness, an increasingly hollow economic and political center, and millions of Americans gripped by apathy and hopelessness. By examining the people and forces behind the rise of big-money lobbying, legal and financial engineering, the demise of private-sector unions, and a hamstrung bureaucracy, Brill answers the question on everyone’s mind: How did we end up this way? Finally, he introduces us to those working quietly and effectively to repair the damages. At once a diagnosis of our national ills, a history of their development, and a prescription for a brighter future, Tailspin is a work of riveting journalism—and a welcome antidote to political despair.
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Download or read book Commercial Speech and the First Amendment written by Kent Middleton and published by . This book was released on 1982 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Brandishing the First Amendment written by Tamara Piety and published by University of Michigan Press. This book was released on 2012-02-08 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, corporations and other commercial entities have used strategic litigation to win more expansive First Amendment protections for commercial speech—from the regulation of advertising to the role corporate interests play in the political process, most recently debated in the Supreme Court case of Citizens United v. Federal Election Commission. Tamara R. Piety, a nationally known critic of commercial and corporate speech, argues that such an expansion of First Amendment speech rights imperils public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Beginning with an evaluation of commonly evoked philosophical justifications for freedom of expression, Piety determines that, while these are appropriate for the protection of an individual’s rights, they should not be applied too literally to commercial expression because the corporate person is not the moral equivalent of the human person. She then gathers evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies to show how overly permissive extensions of First Amendment protections to commercial expression limit governmental power to address some of the major social, economic, and environmental challenges of our time. “The timeliness of the topic and the provision of original positions are sure to make the book a valuable contribution that should draw much attention.” —Kevin W. Saunders, Michigan State University
Download or read book Corporate and Commercial Free Speech written by Edwin P. Rome and published by Praeger. This book was released on 1985-11-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This valuable book by Rome and Roberts, attorneys and participants in several Supreme Court cases involving commerical and corporate free speech, stands alone as a monographic treatment addressing the topic of the First Amendment and corporate and commercial free speech...It is a thorough, careful treatment of an area of growing importance. One would have to turn to the extensive law review literature on this topic for comparable, if partial, treatment...The book is detailed and sophisticated enough to be of use to legal counsels and academics, but it could be read with profit by upper-division and graduate students. Choice
Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Download or read book The First Amendment written by Ronald J. Krotoszynski and published by Aspen Publishing. This book was released on 2017-07-19 with total page 1407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about sex offenders. Whereas most books will focus on either sex crimes or sexual deviance, this book examines the entire etiology of sex crimes. This includes discussions of the nature of sex crimes, sexual deviance, and, maybe most importantly, the processing of sex offenders through the criminal justice system. This includes sex offender interactions with law enforcement, the courts, and corrections. Corrections for sex offenders encompasses a myriad of programs: prison, sex offender registration and notification, civil commitments, residence restrictions, and treatment. One unique aspect of this book is its focus on criminal justice system’s treatment of sex offenders, given scant if any coverage in other books. The book also emphasizes two of the most common sex crimes, rape and sex offenses against children, and addresses the impact of sex crimes on victims. In sum, this book offers a comprehensive approach to the study of sex offenders.
Download or read book Advertising and Commercial Speech written by P. Cameron DeVore and published by Practising Law Institute. This book was released on 2003-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
