African Americans And The First Amendment The Case For Liberty And Equality
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African Americans And The First Amendment The Case For Liberty And Equality
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Author : Timothy C. Shiell
language : en
Publisher: SUNY Press
Release Date : 2019-01-01
African Americans And The First Amendment The Case For Liberty And Equality written by Timothy C. Shiell and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-01 with Social Science categories.
The first detailed examination of African Americans and First Amendment rights, from the colonial era to the present. African Americans and the First Amendment is the first book to explore in detail the relationship between African Americans and our “first freedoms,” especially freedom of speech. Timothy C. Shiell utilizes an interdisciplinary approach to demonstrate that a strong commitment to civil liberty and to racial equality are mutually supportive, as they share an opposition to orthodoxy and a commitment to greater inclusion and participation. This crucial connection is evidenced throughout US history, from the days of colonial and antebellum slavery to Jim Crow: in the landmark US Supreme Court decision in 1937 freeing the black communist Angelo Herndon; in the struggles and victories of the civil rights movement, from the late 1930s to the late ’60s; and in the historical and modern debates over hate speech restrictions. Liberty and equality can conflict in individual cases, Shiell argues, but there is no fundamental conflict between them. Robust First Amendment values protect and encourage demands for racial equality while weak First Amendment values, in contrast, lead to censorship and a chilling of demands for racial equality. “A splendid book on all accounts, and a necessary one in today’s heated debate over free speech.” — Donald Alexander Downs, author of Restoring Free Speech and Liberty on Campus
The Concepts Of Freedom And Equality In The American Constitution
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Author : Jan Geisler
language : en
Publisher: GRIN Verlag
Release Date : 2008-12
The Concepts Of Freedom And Equality In The American Constitution written by Jan Geisler and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12 with categories.
Thesis (M.A.) from the year 2003 in the subject American Studies - Culture and Applied Geography, grade: 1,3, Humboldt-University of Berlin (Philosophische Fakultät II - Institut für Anglistik und Amerikanistik), language: English, abstract: Als 1791 die US-amerikanische Verfassung mit den ersten zehn Zusätzen versehen wurde, stellte einer ihrer wichtigsten Grundsätze die Freiheit des Einzelnen dar. Um die politische Einheit der Bundesstaaten zu erreichen, mußten bereits bei der Ausarbeitung der Verfassung weitreichende Kompromisse eingegangen werden. Sie führten letztlich zum Abspalten der Südstaaten und zu einem Bürgerkrieg. Dessen ursprüngliches Motiv war der Erhalt der Union. Als Resultat formulieren wir heute die Abschaffung der Sklaverei und die Neuordnung der Vereinigten Staaten auf der Basis von neuen Prinzipien, die nicht mehr vordergründig die Freiheit des Einzelnen gegenüber der Regierung betonten, sondern die Gleichheit vor dem Gesetz. An dieser Stelle setzt das Thema meiner Arbeit an. Ziel ist eine Beschreibung der Notwendigkeit eines Paradigmawechsels von Freiheit zu Gleichheit. Vor dem Hintergrund der unterschiedlichen sozialen Situation von Afroamerikanern und Weißen in den Vereinigten Staaten, die, wie gezeigt wird, eine Folge von Sklaverei und Rassentrennung sind, wird das Konzept von Freiheit mit dem Konzept von Gleichheit in Beziehung gesetzt. Das schließt einen Exkurs in die Ideengeschichte dieser Konzepte und der amerikanischen Verfassung ein. Darüber hinaus erfolgt eine Beschreibung der unterschiedlichen Lebenswelten von Weißen und Afroamerikanern damals und heute und eine Analyse der Faktoren, die zu dieser Situation führten. Einen großen Raum der Arbeit nimmt die Herausbildung und Wahrnehmung der Konflikte ein, die sich auf Grund der propagierten Ziele der Revolution und der begrenzten Möglichkeiten zu ihrer Durchsetzung ergaben. Sklaverei wird in diesem Zusammenhang als die Institution beschrieben, die maßgeblich zur Herausbildung und Wahrn
The Second Founding How The Civil War And Reconstruction Remade The Constitution
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Author : Eric Foner
language : en
Publisher: W. W. Norton & Company
Release Date : 2019-09-17
The Second Founding How The Civil War And Reconstruction Remade The Constitution written by Eric Foner and has been published by W. W. Norton & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-17 with History categories.
From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time. The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.
Free Speech
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Author : Jacob Mchangama
language : en
Publisher: Hachette UK
Release Date : 2022-02-08
Free Speech written by Jacob Mchangama and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-08 with Political Science categories.
“The best history of free speech ever written and the best defense of free speech ever made.” —P.J. O’Rourke Hailed as the “first freedom,” free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Through captivating stories of free speech’s many defenders—from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Rāzī, to the anti-lynching crusader Ida B. Wells and modern-day digital activists—Mchangama reveals how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Yet the desire to restrict speech, too, is a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all stripes. Meticulously researched and deeply humane, Free Speech demonstrates how much we have gained from this principle—and how much we stand to lose without it.
Civil Liberties In Real Life
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Author : Timothy C. Shiell
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2020-09-04
Civil Liberties In Real Life written by Timothy C. Shiell and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-04 with Political Science categories.
This volume brings together eight US authors breaking new ground with multidisciplinary perspectives and an exciting range of real-life topics concerning the central question, ‘What is civil liberty?’ The contributions here dive into freedom of speech, religious freedom, freedom of assembly, and much more, examining how and why marginalized groups such as African Americans, women, and queers used civil liberties in their struggle for equality. Topics covered in this volume range from considering how we can moderate the corrupting influences of luxury and consumerism promoted by private property rights to the dilemma of teaching politically controversial civil liberty topics and the role of free speech in the classroom. The book is a must-read for anyone interested in civil liberty, whether an expert, novice, or in-between.
International Comparative Approaches To Free Speech And Open Inquiry Fsoi
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Author : Luke C. Sheahan
language : en
Publisher: Springer Nature
Release Date : 2022-10-11
International Comparative Approaches To Free Speech And Open Inquiry Fsoi written by Luke C. Sheahan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-11 with Political Science categories.
This book explores controversies surrounding free speech and open inquiry (FSOI) in various regions of the Anglophone world. The authors argue that the past decade has seen a noticeable erosion of FSOI across the globe, aided and abetted by university clerisies and state apparatuses. These groups’ policing of language and pandering to cancel culture, the authors argue, have narrowed the Overton window to the point of reinvigorating the push for blasphemy law within liberal democracies themselves and impeding certain avenues scientific research. While most books on the subject discuss the American constitutional context of the First Amendment, this book considers free speech in the wider context of other Anglo countries. It also includes scholars from a variety of disciplines whose approaches will not only be ideologically distinct, but demonstrate a diversity of disciplinary approaches and concerns.
Hate
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Author : Nadine Strossen
language : en
Publisher: Oxford University Press
Release Date : 2018-04-02
Hate written by Nadine Strossen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-02 with Law categories.
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. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- 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. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "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" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Who Owns History
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Author : Eric Foner
language : en
Publisher: Hill and Wang
Release Date : 2003-04-16
Who Owns History written by Eric Foner and has been published by Hill and Wang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-16 with History categories.
A thought-provoking new book from one of America's finest historians "History," wrote James Baldwin, "does not refer merely, or even principally, to the past. On the contrary, the great force of history comes from the fact that we carry it within us, are unconsciously controlled by it in many ways, and history is literally present in all that we do." Rarely has Baldwin's insight been more forcefully confirmed than during the past few decades. History has become a matter of public controversy, as Americans clash over such things as museum presentations, the flying of the Confederate flag, or reparations for slavery. So whose history is being written? Who owns it? In Who Owns History?, Eric Foner proposes his answer to these and other questions about the historian's relationship to the world of the past and future. He reconsiders his own earlier ideas and those of the pathbreaking Richard Hofstadter. He also examines international changes during the past two decades--globalization, the collapse of the Soviet Union, the end of apartheid in South Africa--and their effects on historical consciousness. He concludes with considerations of the enduring, but often misunderstood, legacies of slavery, the Civil War, and Reconstruction. This is a provocative, even controversial, study of the reasons we care about history--or should.
The Dred Scott Case
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Author : Roger Brooke Taney
language : en
Publisher: Legare Street Press
Release Date : 2022-10-27
The Dred Scott Case written by Roger Brooke Taney and has been published by Legare Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-27 with History categories.
The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
The Broken Constitution
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Author : Noah Feldman
language : en
Publisher: Farrar, Straus and Giroux
Release Date : 2021-11-02
The Broken Constitution written by Noah Feldman and has been published by Farrar, Straus and Giroux this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-02 with History categories.
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations