Download or read book Mr Justice Brennan and Freedom of Expression written by W. Wat Hopkins and published by Praeger. This book was released on 1991-08-28 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hopkins examines the body of Justice Brennan's free expression jurisprudence. For him, Brennan was the prime protector of the rights of free speech and free press. He argues that Brennan's theory of free expression is built on the metaphor of a marketplace of ideas. He concludes that Brennan developed a philosophically sound First Amendment theory that was accepted by the Court, but is not being applied with the force necessary for it to be effective in practice.
Download or read book Justice Brennan and Freedom of Expression written by Richard James Del Guidice and published by . This book was released on 1975 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice Brennan written by Seth Stern and published by HarperCollins. This book was released on 2010-10-04 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Will likely be the definitive biography. . . . a detailed and fascinating account of how the Supreme Court functioned during Brennan’s long tenure.” —Publishers Weekly (starred review) This is a compelling inside look at the life of William Brennan, a champion of free speech who is widely considered the most influential Supreme Court justice of the twentieth century. Before his death, Brennan granted Stephen Wermiel access to volumes of personal and court materials that at the time were sealed to the public for another two decades. This “coveted set of documents,” as Jeffrey Toobin described it, includes Brennan’s case histories—in which he recorded strategies behind major battles including Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy—as well as more personal documents that reveal some of Brennan’s curious contradictions, like his refusal to hire female clerks even as he wrote groundbreaking women’s rights decisions; his complex stance as a justice and a Catholic; and details on Brennan’s unprecedented working relationship with Chief Justice Earl Warren. In this biography, Wermiel and Seth Stern distill decades of valuable information into a seamless, riveting portrait of the man behind the Court’s most liberal era. “The most comprehensive and well-organized look at the legendary liberal jurist to date.” —The New York Times “Seats the reader in Brennan’s chambers to listen to his conversations and see the memoranda exchanged with other justices and his law clerks.” —Newark Star Ledger “The authors balance differing accounts of Brennan the jurist and the man, presenting an evenhanded portrait of the affable but stubborn Justice.” —Kirkus Reviews
Download or read book Mr Justice Brennan and the First Amendment written by Morris Rothblatt and published by . This book was released on 1967 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Freedom of Expression written by Archibald Cox and published by iUniverse. This book was released on 1999-09-24 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mr Justice Brennan and Freedom of Expression written by W. Wat Hopkins and published by Praeger. This book was released on 1991-08-28 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hopkins examines the body of Justice Brennan's free expression jurisprudence. For him, Brennan was the prime protector of the rights of free speech and free press. He argues that Brennan's theory of free expression is built on the metaphor of a marketplace of ideas. He concludes that Brennan developed a philosophically sound First Amendment theory that was accepted by the Court, but is not being applied with the force necessary for it to be effective in practice.
Download or read book The Progeny written by Lee Levine and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compelling work of historical non-fiction focuses on the progeny of the famous New York Times v. Sullivan Supreme Court Decision. It examines how Justice Brennan nurtured and developed the constitutional law of defamation and related claims. It provides the authoritative historical account of how an important body of constitutional law came to be. The Progeny offers fresh insights with respect to both what the law means and the process by which it was formulated.
Download or read book The Conscience of the Court written by William J. Brennan and published by SIU Press. This book was released on 1999 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conscience of the Court celebrates the work of Justice William J. Brennan Jr., who served on the United States Supreme Court for thirty-four years (1956-1990). Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected judicial opinions written by Justice Brennan on issues involving personal freedom, civil liberties, and equality. Brennan is ranked by many as the best writer ever to have served on the Supreme Court, and his written opinions depict real people, often in desperate, emotional situations. Remarkable for their clarity of analysis, for their eloquence, and for their forcefulness and persuasiveness, his opinions demonstrate that judicial thought need not be a proprietary enclave of lawyers or the intellectual elite. The extended excerpts selected by Sepinuck and Treuthart highlight Brennan's approach to judicial decision making. Concerned always with how each decision would actually affect people's lives, Brennan possessed a rare quality of empathy. In Brennan, the editors note, "people and groups who lacked influence in society -- Communists and flag burners, children and foreigners, criminal defendants and racial minorities" -- found a champion they could count on "to listen to their causes and judge them unmoved by the passions of the politically powerful". This book is divided into four chapters dealing with freedom of expression, religious liberties and guarantees, the individual versus the state, and protections of equality. Within each chapter, the excerpted cases are presented chronologically. The editors selected more dissenting and concurring opinions than majority opinions because, they reason, a justice writing a dissent or concurrence isfreer to express personal views than one writing for the majority who may feel compelled to include or exclude certain statements in order to hold a fragile coalition together. Each opinion has been edited to focus on the constitutional question at issue while still preserving Brennan's style of expression and process of reasoning. In their introduction to each opinion, the editors provide background facts, discuss how the excerpted opinion transformed the law or otherwise fit into the realm of constitutional jurisprudence, and delve into Justice Brennan's judicial philosophy, his method of constitutional interpretation, and the language he used.
Download or read book Congress Shall Make No Law written by David M. O'Brien and published by Rowman & Littlefield Publishers. This book was released on 2010-09-16 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following two hundred years, Congress and the states have sought repeatedly to curb these freedoms. The Supreme Court of the United States in turn gradually expanded First Amendment protection for freedom of expression but also defined certain categories of expression_obscenity, defamation, commercial speech , and 'fighting words' or disruptive expression-as constitutionally unprotected. From the Alien and Sedition Act of 1798 to the most recent cases to come before the Supreme Court, noted legal scholar David M. O'Brien provides the first comprehensive examination of these exceptions to the absolute command of the First Amendment, providing a history of each category of unprotected speech and putting into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection. O'Brien provides readers interested in civil liberties, constitutional history and law, and the U. S. Supreme Court a treasure trove of information and ideas about how to think about the First Amendment.
Download or read book Constitutional Conscience written by H. Jefferson Powell and published by University of Chicago Press. This book was released on 2008-09-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
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 446 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 Freedom for the Thought That We Hate written by Anthony Lewis and published by Basic Books. This book was released on 2008-03-03 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other people on earth, Americans are free to say and write what they think. The media can air the secrets of the White House, the boardroom, or the bedroom with little fear of punishment or penalty. The reason for this extraordinary freedom is not a superior culture of tolerance, but just fourteen words in our most fundamental legal document: the free expression clauses of the First Amendment to the Constitution. In Lewis's telling, the story of how the right of free expression evolved along with our nation makes a compelling case for the adaptability of our constitution. Although Americans have gleefully and sometimes outrageously exercised their right to free speech since before the nation's founding, the Supreme Court did not begin to recognize this right until 1919. Freedom of speech and the press as we know it today is surprisingly recent. Anthony Lewis tells us how these rights were created, revealing a story of hard choices, heroic (and some less heroic) judges, and fascinating and eccentric defendants who forced the legal system to come face-to-face with one of America's great founding ideas.
Download or read book The Jurisprudence of Justice William J Brennan Jr written by David E. Marion and published by Rowman & Littlefield. This book was released on 1997 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: David E. Marion offers a careful review of Brennan's opinions that clarifies his defense of libertarian dignity and illustrates the profound political and constitutional impact of Brennan's opinions on public discourse and government policy.
Download or read book Make No Law written by Anthony Lewis and published by Vintage. This book was released on 2011-04-20 with total page 368 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 The First Amendment written by William Cohen and published by . This book was released on 2003 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This law school casebook examines the contours of the freedoms of expression and religion under the United States Constitution. It features original notes, questions, and expertly edited cases to help stimulate class discussion.
Download or read book HATE written by Nadine Strossen and published by Oxford University Press. This book was released on 2018-04-02 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Download or read book The Fight to Vote written by Michael Waldman and published by Simon and Schuster. This book was released on 2022-01-18 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover, the word "right" has an x drawn over the letter "r" with the letter "f" above it.
