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 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 What s 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: What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political reasons.
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
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 The People s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
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 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 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 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 Chief written by Joan Biskupic and published by Basic Books. This book was released on 2019-03-26 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: An incisive biography of the Supreme Court's enigmatic Chief Justice, taking us inside the momentous legal decisions of his tenure so far. John Roberts was named to the Supreme Court in 2005 claiming he would act as a neutral umpire in deciding cases. His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.
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 Free Speech on Campus written by Erwin Chemerinsky and published by Yale University Press. This book was released on 2017-09-12 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
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 Managed Speech written by Gregory P. Magarian and published by Oxford University Press. This book was released on 2017-03-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.
Download or read book First Amendment Stories written by Richard W. Garnett and published by Foundation Press. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
Download or read book Words That Wound written by Mari J Matsuda and published by Routledge. This book was released on 2018-03-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the authors, all legal scholars from the tradition of critical race theory start from the experience of injury from racist hate speech and develop a theory of the first amendment that recognizes such injuries. In their critique of "first amendment orthodoxy", the authors argue that only a history of racism can explain why defamation, invasion of privacy and fraud are exempt from free-speech guarantees but racist verbal assault is not.
