Download or read book The First Amendment in the Trump Era written by Timothy Zick and published by Oxford University Press. This book was released on 2019-09-30 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the "enemy of the people." He has proposed that flag burners be jailed and de-naturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy, political and other forms of polarization are on the rise, and protesters face diminished space and opportunities for exercising free speech rights. The First Amendment in the Trump Era catalogs and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context-as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and press. We must understand what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.

Download or read book The First Amendment in the Trump Era written by Timothy Zick and published by . This book was released on with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book catalogues and examines the various First Amendment free speech and press controversies that have roiled the Trump presidency. It highlights both what is unique about those controversies, and what is consistent with historical patterns. From past conflicts and eras, the book draws various First Amendment lessons that will help guide readers through the Trump Era.

Download or read book The Democratic Rule of Law on Trial written by Sonja Grover and published by Routledge. This book was released on 2022-06-23 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in understanding the democratic rule of law globally. In each of these cases, the adjudicating body’s analytical legal strategy is discussed in terms of how it reinforces or detracts from the democratic rule of law. It was and continues to be highly internationally anticipated as to what legal examples are being set by this established democracy when confronted by legal contests between the former Trump administration and those alleging their rights were somehow violated by the executive of that time. Thus, the book is instructive for an international audience on the essential role of the courts in protecting democracy through providing, where supported by the law and the facts, a remedy for the aggrieved comparatively powerless. The book will be essential reading for academics and researchers working in the areas of constitutional law, politics and human rights.

Download or read book The First Amendment in the Trump Era written by Timothy Zick and published by Oxford University Press, USA. This book was released on 2019 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the "enemy of the people." He has proposed that flag burners be jailed and denaturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy; political and other forms of polarization are on the rise; and protesters face diminished space and opportunities for exercising free speech rights. This book catalogues and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context--as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and the press. We must understand both what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.

Download or read book Principles Matter written by Carlos A. Ball and published by Oxford University Press. This book was released on 2021 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism before Trump -- Federalism during the Trump era and beyond -- The presidency before Trump -- The presidency during the Trump era and beyond -- The First Amendment during the Trump era and beyond.

Download or read book Democracy and Dysfunction written by Sanford Levinson and published by University of Chicago Press. This book was released on 2019-04-16 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American presidential history is only a symptom of deeper problems of political culture and constitutional design. Democracy and Dysfunction brings together two of the leading constitutional law scholars of our time, Sanford Levinson and Jack M. Balkin, in an urgently needed conversation that seeks to uncover the underlying causes of our current crisis and their meaning for American democracy. In a series of letters exchanged over a period of two years, Levinson and Balkin travel—along with the rest of the country—through the convulsions of the 2016 election and Trump’s first year in office. They disagree about the scope of the crisis and the remedy required. Levinson believes that our Constitution is fundamentally defective and argues for a new constitutional convention, while Balkin, who believes we are suffering from constitutional rot, argues that there are less radical solutions. As it becomes dangerously clear that Americans—and the world—will be living with the consequences of this pivotal period for many years to come, it is imperative that we understand how we got here—and how we might forestall the next demagogue who will seek to beguile the American public.

Download or read book The Fight for Free Speech written by Ian Rosenberg and published by NYU Press. This book was released on 2023-05-16 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.

Download or read book Speech Out of Doors written by Timothy Zick and published by Cambridge University Press. This book was released on 2009 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court has emphasized that expressive liberties require 'breathing space' in which to thrive. At a minimum, speakers need places in which to assemble, speak, and petition government. This book is a comprehensive examination of First Amendment rights in public places. It shows that the literal ground beneath speakers' feet has been steadily eroding, from personal spaces to college campuses and to once vast and important inscribed places, such as public parks and public squares. Through the study of 'expressive topography', this book considers a variety of contemporary speech contests including restrictions on abortion clinic sidewalk counselors, protests at military funerals, and restrictions on assembly and speech at political conventions. Countering or reversing these forces will require a focused and sustained effort by public officials, courts, and, of course, the people themselves.

Download or read book Rights and Retrenchment written by Stephen B. Burbank and published by Cambridge University Press. This book was released on 2017-04-18 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.

Download or read book The First written by Stanley Fish and published by Simon and Schuster. This book was released on 2019-11-05 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: From celebrated public intellectual, New York Times bestselling author, and “America’s most famous professor” (BookPage) comes an urgent and sharply observed look at freedom of speech and the First Amendment offering a “nonpartisan take on what it does and doesn’t protect and what kind of speech it should and shouldn’t regulate” (Publishers Weekly). How does the First Amendment really work? Is it a principle or a value? What is hate speech and should it always be banned? Are we free to declare our religious beliefs in the public square? What role, if any, should companies like Facebook play in policing the exchange of thoughts, ideas, and opinions? With clarity and power, Stanley Fish explores these complex questions in The First. From the rise of fake news, to the role of tech companies in monitoring content (including the President’s tweets), to Colin Kaepernick’s kneeling protest, First Amendment controversies continue to dominate the news cycle. Across America, college campus administrators are being forced to balance free speech against demands for safe spaces and trigger warnings. With “thoughtful, dense provocations that will require close attention” (Kirkus Reviews), Fish ultimately argues that freedom of speech is a double-edged concept; it frees us from constraints, but it also frees us to say and do terrible things. Urgent and controversial, The First is sure to ruffle feathers, spark dialogue, and shine new light on one of America’s most cherished—and debated—constitutional rights.

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 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 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 Free Speech Century written by Lee C. Bollinger and published by . This book was released on 2019 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 First Things First written by Ronald K.L. Collins and published by Top Five Books LLC. This book was released on 2019-09-09 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Things First is a college coursebook like no other. Written by three First Amendment experts and professors, the book provides students with the fundamentals of modern American free speech law in a clear, concise, and accessible manner. First Things First also introduces readers to First Amendment issues related to topics such as student speech, freedom of the press, civil rights, LGBTQ rights, advertising, music censorship, and artificial intelligence. The text includes scores of audio and video links, photographs, and helpful study-aid summaries and questions. First Things First’s vibrant and engaging tone ensures readers will leave this book with a dynamic understanding of their rights and the value of free speech. “First Things First sets the standard for teaching free speech law.… It combines clearly-written case narratives with frequent excursions to a rich trove of other online material—including video and audio files—that provide additional legal and historical context.” —Stephen D. Solomon (founding editor, First Amendment Watch) “With admirable clarity and brevity, First Things First covers the field of First Amendment law and theory in a readable and accessible way.… This innovative book explains not just the fundamentals of First Amendment law, but how we got to where we are, and why.” —Robert Corn-Revere (First Amendment lawyer) First Things First is a welcome addition to the course materials for students studying law, journalism, history, political science, government and a host of other disciplines. —Lucy A. Dalglish, dean and professor, Philip Merrill College of Journalism, University of Maryland First Things First is an incredibly insightful and inviting introduction to U.S. speech and press law. Its approach makes its content completely accessible to beginner and expert alike. But even better, its scores of online links to additional layers of material—including streaming audio and video—make this narrative and case-oriented resource like no other. In addition to teaching the law, the various elements help to reveal what it means to live in a free speech society. First Things First is made for the 21st century student—and professor. —Joseph Russomanno, Associate Professor, Arizona State University

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 Cheap Speech written by Richard L. Hasen and published by Yale University Press. This book was released on 2022-03-08 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: An informed and practical road map for controlling disinformation, embracing free speech, saving American elections, and protecting democracy "A fresh, persuasive and deeply disturbing overview of the baleful and dangerous impact on the nation of widely disseminated false speech on social media. Richard Hasen, the country’s leading expert about election law, has written this book with flair and clarity.”—Floyd Abrams, author of The Soul of the First Amendment What can be done consistent with the First Amendment to ensure that American voters can make informed election decisions and hold free elections amid a flood of virally spread disinformation and the collapse of local news reporting? How should American society counter the actions of people like former President Donald J. Trump, who used social media to convince millions of his followers to doubt the integrity of U.S. elections and helped foment a violent insurrection? What can we do to minimize disinformation campaigns aimed at suppressing voter turnout? With piercing insight into the current debates over free speech, censorship, and Big Tech’s responsibilities, Richard L. Hasen proposes legal and social measures to restore Americans’ access to reliable information on which democracy depends. In an era when quack COVID treatments and bizarre QAnon theories have entered mainstream, this book explains how to assure both freedom of ideas and a commitment to truth.