Download or read book The First Amendment and Related Statutes written by Eugene Volokh and published by . This book was released on 2005 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition examines United States First Amendment law using expertly edited cases, original note materials, and class questions. The Second Edition includes, among other things: I. New units or subunits on newsgathering rights, nongovernmental speech restrictions, library selection decisions, restrictions on speech by noncitizens, lawyers, prisoners, and members of the military, controversies about whether restrictions are content-neutral or content-based, crime-facilitating speech, child custody speech restrictions, professional-client speech, the disclosure of private facts tort, and hostile environment harassment law, anti-SLAPP statutes, the Religious Land Use and Institutionalized Persons Act, and Title VII as protection for religious freedom. II. Coverage of important new First Amendment cases, dealing with virtual child pornography, cyberspace speech, school choice, campaign finance, and more.
Download or read book The First Amendment and Related Statutes written by Eugene Volokh and published by . This book was released on 2008 with total page 1148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Third edition examines United States First Amendment law using expertly edited cases, original note materials, and class questions. The Third Edition includes, among other things:New units or subunits on statutory protections for cyberspace speech (47 U.S.C. 230) and liability for distributing others' false statements; Coverage of important new First Amendment cases dealing with campaign finance, expressive association, expressive conduct, compelled speech, student speech in K-12 schools, government endorsement of religion, discrimination in favor of religious exemption requests, and the Religious Freedom Restoration Act.
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 A Right to Lie written by Catherine J. Ross and published by University of Pennsylvania Press. This book was released on 2021-11-30 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
Download or read book The First Amendment written by Daniel A. Farber and published by . This book was released on 2003 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a leading national scholar, Farber's coverage of the First Amendment is clear and accessible. All of the major areas of this complex doctrine are reviewed, including religion clauses. The text also serves as an introduction to the major debates over controversial issues such as pornography and hate speech.
Download or read book No Law written by David L. Lange and published by Stanford University Press. This book was released on 2008-10-27 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.
Download or read book Examples Explanations for First Amendment written by Laura E. Little and published by Aspen Publishing. This book was released on 2021-03-09 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Award-winning teacher and respected author of several volumes, Professor Laura Little has written a new book on the First Amendment. Following the proven Examples and Explanations format, the book covers all of the amendment’s major topics – with emphasis on speech and religion. Professor Little presents hypothetical examples that range from simple and straightforward to complex and rich. As a result, students using the book can acquire both basic and advanced knowledge of First Amendment doctrine. Equally important, this approach allows students the opportunity to practice their skill of marshalling arguments on many sides of contested legal issues. With its short chapters, the book is an exceptionally useful complement to any of the available casebooks in the field. Highlights of this E&E study aid (first edition): Professor Little brings her characteristically clear writing style and constitutional law expertise to the subject. The book’s organization enables students to choose the particular topics they need to study and that match the coverage of their course. The topics covered include a comprehensive review of the most recent U.S. Supreme Court decisions on speech, association, and religion as well as cutting edge issues raised by current events, including the COVID-19 pandemic. The concise explication of legal doctrine (and its uncertainties) ensure a baseline of student understanding and maximizes accessibility to difficult, abstract concepts. The book’s balance between simple and complex hypotheticals serves an array of student needs. While providing deep coverage of abstract concepts, the book includes many practical introductions to law practice reality. Professor Little has not only established her reputation as a constitutional scholar, but also comes to the subject with experience as a practicing First Amendment lawyer for the media. Professors and students will benefit from: Adaptable organization allows the book to complement any casebook. Figures, examples, explanations, and varying difficulty in the presented material ensure that the book will serve the needs of a variety of users and will appeal to different learning styles. Balance between theoretical and practical materials enables broad understanding.
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 First Amendment Institutions written by Paul Horwitz and published by Harvard University Press. This book was released on 2013-01-07 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.
Download or read book Freedom of Assembly and Petition written by Robert Winters and published by Greenhaven Publishing LLC. This book was released on 2006-09-29 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Editor Robert Winters covers the historical development of the right of assembly and petition, how the Supreme Court defines the rights of assembly and association, and the role of assembly and petition in social movements.
Download or read book When Freedom Speaks written by Lynn Greenky and published by Brandeis University Press. This book was released on 2022-05-24 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Chronicles the stories that narrate our First Amendment right to speak our minds"--
Download or read book First Amendment Law written by Arthur D. Hellman and published by . This book was released on 2010 with total page 1206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new casebook rests on a straightforward premise: The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law-albeit a special kind of law. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book- closely tracking the structure that the Supreme Court has imposed- helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justices' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course. The accompanying Teacher's Manual offers extensive guidance for taking advantage of the breadth-and depth-of coverage offered by the casebook. The authors have included three different sample syllabi. The running commentary fully analyzes the cases and suggests possible directions for class discussion. The authors also provide answers to the questions that appear in the notes and identify the origins and sources for the Problems.
Download or read book Freedom for the Thought That We Hate written by Anthony Lewis and published by ReadHowYouWant.com. This book was released on 2010 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the 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 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 Lessons in Censorship written by Catherine J. Ross and published by Harvard University Press. This book was released on 2015-10-19 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.
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 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 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.
