Download or read book Gitlow v New York written by Marc Lendler and published by University Press of Kansas. This book was released on 2012-09-04 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a "Left Wing Manifesto," a publication inspired by the Russian Revolution. He was charged with violating New York's Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating to the violent overthrow of government. Gitlow argued that the law violated his right to free speech but was still convicted. He appealed and five years later the Supreme Court upheld his sentence by a vote of 7-2. Throughout the legal proceedings, much attention was devoted to the "bad tendency" doctrine-the idea that speakers and writers were responsible for the probable effects of their words-which the Supreme Court explicitly endorsed in its decision. According to Justice Edward T. Sanford, "A state may punish utterances endangering the foundations of organized government and threatening its overthrow by unlawful means." More important was Justice Oliver Wendell Holmes' dissent, in which he argued that the mere expression of ideas, separated from action, could not be punished under the "clear and present danger" doctrine. As Holmes put it, "Every idea is an incitement"-and the expression of an idea, no matter how disagreeable, was protected by the First Amendment. While the majority disagreed, it also raised and endorsed the idea that the Bill of Rights could be violated by neither the federal government nor individual states-an idea known as "incorporation" that was addressed for the first time in this case. In recreating Gitlow, Marc Lendler opens up the world of American radicalism and brings back into focus a number of key figures in American law: defense attorney Clarence Darrow; New York Court of Appeals justices Roscoe Pound and Benjamin Cardozo; Walter Pollak of the fledgling ACLU; and dissenting justices Oliver Wendell Holmes and Louis Brandeis. Lendler also traces the origins of the incorporation doctrine and the ebb and flow of Gitlow as a precedent through the end of the Cold War. In a time when Islamic radicalism raises many of the same questions as domestic Communism did, Lendler's cogent explication of this landmark case helps students and Court-watchers alike better understand "clear and present danger" tests, ongoing debates over incitement, and the importance of the Holmes-Brandeis dissent in our jurisprudence.
Download or read book Gitlow V New York written by Marc R. Lendler and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers the landmark First Amendment case involving Benjamin Gitlow, an avowed communist who was tried for sedition under New York's Criminal Anarchy Law. In 1925, by a 7-2 vote, the Supreme Court upheld his conviction, suggesting in effect that Gitlow's threat to national security trumped his right to speak freely.
Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2023-02-28 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Download or read book Free Speech written by Joseph R. Fornieri and published by . This book was released on 2020-12-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fight of the Century written by Viet Thanh Nguyen and published by Avid Reader Press / Simon & Schuster. This book was released on 2021-01-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Civil Liberties Union partners with award-winning authors Michael Chabon and Ayelet Waldman in this “forceful, beautifully written” (Associated Press) collection that brings together many of our greatest living writers, each contributing an original piece inspired by a historic ACLU case. On January 19, 1920, a small group of idealists and visionaries, including Helen Keller, Jane Addams, Roger Baldwin, and Crystal Eastman, founded the American Civil Liberties Union. A century after its creation, the ACLU remains the nation’s premier defender of the rights and freedoms guaranteed by the Constitution. In collaboration with the ACLU, authors Michael Chabon and Ayelet Waldman have curated an anthology of essays “full of struggle, emotion, fear, resilience, hope, and triumph” (Los Angeles Review of Books) about landmark cases in the organization’s one-hundred-year history. Fight of the Century takes you inside the trials and the stories that have shaped modern life. Some of the most prominent cases that the ACLU has been involved in—Brown v. Board of Education, Roe v. Wade, Miranda v. Arizona—need little introduction. Others you may never even have heard of, yet their outcomes quietly defined the world we live in now. Familiar or little-known, each case springs to vivid life in the hands of the acclaimed writers who dive into the history, narrate their personal experiences, and debate the questions at the heart of each issue. Hector Tobar introduces us to Ernesto Miranda, the felon whose wrongful conviction inspired the now-iconic Miranda rights—which the police would later read to the man suspected of killing him. Yaa Gyasi confronts the legacy of Brown v. Board of Education, in which the ACLU submitted a friend of- the-court brief questioning why a nation that has sent men to the moon still has public schools so unequal that they may as well be on different planets. True to the ACLU’s spirit of principled dissent, Scott Turow offers a blistering critique of the ACLU’s stance on campaign finance. These powerful stories, along with essays from Neil Gaiman, Meg Wolitzer, Salman Rushdie, Ann Patchett, Viet Thanh Nguyen, Louise Erdrich, George Saunders, and many more, remind us that the issues the ACLU has engaged over the past one hundred years remain as vital as ever today, and that we can never take our liberties for granted. Chabon and Waldman are donating their advance to the ACLU and the contributors are forgoing payment.
Download or read book Freedom of Expression in the Supreme Court written by Terry Eastland and published by Rowman & Littlefield. This book was released on 2000 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.
Download or read book Perilous Times written by Geoffrey R. Stone and published by W. W. Norton & Company. This book was released on 2004 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.
Download or read book Make No Law written by Anthony Lewis and published by Vintage. This book was released on 1992-09-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis. The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize Pulitzer Prize–winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers—and ordinary citizens—can print or say.
Download or read book Transforming Free Speech written by Mark A. Graber and published by Univ of California Press. This book was released on 2023-11-10 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Free Speech Century written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2018-12-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Download or read book Encyclopedia Of First Amendment Set written by John Vile and published by CQ Press. This book was released on 2008-09-25 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first work of its kind, this new and exciting two-volume reference comprehensively examines all the freedoms in the First Amendment, including free speech, press, assembly, petition, and religion. Encyclopedia of the First Amendment covers the political, historical, and cultural significance of the First Amendment. It provides exclusive, singular focus on what most people consider the essential elements of the Bill of Rights and the basic liberties that Americans enjoy.
Download or read book You Can t Say That written by David E. Bernstein and published by Cato Institute. This book was released on 2003-10-25 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a misguided attempt to eradicate every vestige of "discrimination" in our society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association. Civil rights laws today are being applied in ways that threaten free speech on campus and in the workplace, the right of local community activists to speak out against government policies, the rights of private associations such as the Boy Scouts to determine their membership policies, and even the rights of individuals to choose their roommates.
Download or read book The Bill of Rights and Beyond written by and published by . This book was released on 1991 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Miracle Case written by Laura Wittern-Keller and published by . This book was released on 2008 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the Supreme Court's unanimous 1952 decision in favor of a film exhibitor who had been denied a license to show the controversial Italian film, Il Miracolo. The ruling was a watershed event in the history of film censorship, ushering in a new era of mature--and sophisticated--American filmmaking.
Download or read book 1791 in Law written by Myrtice Johnston and published by . This book was released on 2012-05-10 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: What's so special about First Amendment To The United States Constitution?In this new, compelling book from author Myrtice Johnston, find out more about First Amendment To The United States Constitution ...The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.Originally, the First Amendment applied only to laws enacted by the Congress. However, starting with Gitlow v. New York, the Supreme Court has applied the First Amendment to each state. This was done through the Due Process Clause of the Fourteenth Amendment. The Court has also recognized a series of exceptions to provisions protecting the freedom of speech.So, what seperates this book from the rest?A comprehensive narrative of First Amendment To The United States Constitution, this book gives a full understanding of the subject.A brief guide of subject areas covered in "1791 In Law - First Amendment To The United States Constitution" include -- First Amendment to the United States Constitution- Anti-Federalism- Establishment Clause- Free Exercise Clause- Freedom of speech in the United States- United States free speech exceptions- Campaign finance reform- Free speech zone- Right to pornography- United States defamation law- Freedom of the press in the United StatesAnd much, much more ...Find out more of this subject, it's intricacies and it's nuances. Discover more about it's importance. Develop a level of understanding required to comprehend this fascinating concept.Author Myrtice Johnston has worked hard researching and compiling this fundamental work, and is proud to bring you "1791 In Law - First Amendment To The United States Constitution" ...Read this book today ...
Download or read book The Associated Press V National Labor Relations Board written by and published by . This book was released on 1937 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Guide to Material on Crime and Criminal Justice written by and published by . This book was released on 1934 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
