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Fear And The First Amendment


Fear And The First Amendment
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Fear And The First Amendment


Fear And The First Amendment
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Author : Kevin A. Johnson
language : en
Publisher: Rhetoric, Law, and the Humanit
Release Date : 2024-06-04

Fear And The First Amendment written by Kevin A. Johnson and has been published by Rhetoric, Law, and the Humanit this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-04 with Language Arts & Disciplines categories.


A whole host of fears may motivate calls to restrict First Amendment rights, prioritizing one fear over another. Fear and the First Amendment unveils these negotiations of various fears and related protections as they appear in the contemporary Supreme Court, showing that fear is significant and rhetorical in First Amendment conflicts



Fear Loathing And The First Amendment


Fear Loathing And The First Amendment
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Author : Martin H. Redish
language : en
Publisher:
Release Date : 2015

Fear Loathing And The First Amendment written by Martin H. Redish and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.


Communitarian free speech theories give out a siren call. They naturally appeal to most Americans because they reflect the assumptions of moral unity on a national level normally associated with theories of communitarianism. In reality, however, such theories are both invidious and dangerous, for two reasons. First, they ignore the well-established reality of interest group politics and self-promotion that has long marked our nation's form of democracy. Second, in so doing these theories, either intentionally or unknowingly, provide an attractive cover for an attempt to impose a particular ideological perspective on a very diverse society. To understand the proper role of free speech theory in American democracy, once initially needs to grasp -- indeed, embrace -- the politics of conflict and the clash of self-interests that inherently mark a pluralistic democracy. A constitutionally imposed principle of free expression flows not from some notion of a morally homogeneous society or a universal collaborative commitment to the pursuit of some mythical “common good,” but rather from recognition of the foundational role of liberal individualism in America's adversary form of democracy. Of course, this does not imply that we live as individuals in a vacuum, rather than as part of a broader society. But that is exactly the point: We guarantee free expression for every member of society, regardless of our agreement with either the substance or motive for their speech, because we recognize from the outset that we all must work together, paradoxically, to make sure that we will still be able to continue competing with each other. The First Amendment, then, does for political battles what the Marquess of Queensberry Rules were intended to do for the sport of boxing: it imposes rules of behavior that temper and control the invidious impulses of the participants in the adversary conflicts. In this way, the First Amendment helps preserve the values of individual worth inherent in a commitment to liberal democratic thought while simultaneously protecting against the dangers of tyranny.



Fear In The Air


Fear In The Air
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Author : Harry S. Ashmore
language : en
Publisher: New York : Norton
Release Date : 1973

Fear In The Air written by Harry S. Ashmore and has been published by New York : Norton this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Law categories.




Fear Risk And The First Amendment


Fear Risk And The First Amendment
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Author : Frederick F. Schauer
language : en
Publisher:
Release Date :

Fear Risk And The First Amendment written by Frederick F. Schauer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.




We Must Not Be Afraid To Be Free


We Must Not Be Afraid To Be Free
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Author : Ronald K.L. Collins
language : en
Publisher: Oxford University Press
Release Date : 2011-02-25

We Must Not Be Afraid To Be Free written by Ronald K.L. Collins 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 2011-02-25 with Law categories.


In a stinging dissent to a 1961 Supreme Court decision that allowed the Illinois state bar to deny admission to prospective lawyers if they refused to answer political questions, Justice Hugo Black closed with the memorable line, "We must not be afraid to be free." Black saw the First Amendment as the foundation of American freedom - the guarantor of all other Constitutional rights. Yet since free speech is by nature unruly, people fear it. Consequently, the impulse to curb or limit it has been a constant danger throughout American history. In We Must Not Be Afraid to Be Free, two of America's leading free speech scholar-activists, Ron Collins and Sam Chaltain, provide an authoritative history of free speech in modern America. Each chapter is an engaging narrative account of a landmark First Amendment case that foregrounds the colorful people involved-judges, plaintiffs, attorneys, defendants-and the issue at stake. Cumulatively, the chapters provide a definitive account of how the First Amendment evolved over the course of a century. Tracing the development of free speech rights from a more restrictive era-the early twentieth century-through the Warren Court revolution of the 1960s and up to the current post 9/11 era of heightened security concerns, Collins and Chaltain not only cover the history of an ideal, but explain in accessible language how the law surrounding the ideal transformed. Essential for anyone interested in this most essential of rights, We Must Not Be Afraid to Be Free will be a standard work on free speech for years to come.



The Second Amendment And Gun Control


The Second Amendment And Gun Control
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Author : Kevin Yuill
language : en
Publisher: Routledge
Release Date : 2017-09-14

The Second Amendment And Gun Control written by Kevin Yuill and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-14 with History categories.


The Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a balanced view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues.



The First Amendment Right To Silence


The First Amendment Right To Silence
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Author : Robert A. Sedler
language : en
Publisher:
Release Date : 2018

The First Amendment Right To Silence written by Robert A. Sedler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.


The Humanities Center of Wayne State University presented its Fall Symposium with the theme, Silence and Silencing. At this symposium, Professor Sedler presented a paper on "The First Amendment Right of Silence". The thesis of the paper is that in a number of respects, the First Amendment recognizes that the values embodied in the constitutional protection of freedom of speech and freedom of association mandate a right of silence. Thus, in answer to the question raised at the symposium, What does the law have to say about silence, the author says that in a number of contexts, the law of the First Amendment protects the right of silence. In the paper, the author discusses five contexts in which the First Amendment protects the right of silence. (1) The right to refuse to disclose one's beliefs and associations to the government. The Supreme Court has made it clear that persons are entitled to refuse to answer questions about their organizational membership and about their beliefs and associations unless the government could demonstrate a compelling interest in obtaining that information, which the government cannot do. Thus, in the face of the government's demands that a person disclose one's beliefs and associations, the person can reply, I choose to be silent. (2) The right to speak anonymously without disclosing one's identity. This right is an admixture of the right to speak and the right of silence. The speaker speaks the message, but is entitled to shield the speaker's identity while speaking the message. The right to speak anonymously advances the core purposes of the First Amendment, since it ensures that people will not be deterred from speaking for fear of reprisal by the government or by other people. (3) The right not to be compelled to speak the government's message. This aspect of the right of silence protects the right of schoolchildren to refuse to pledge allegiance to the flag, and the right of government employees to refuse to take an oath disavowing particular beliefs and associations. (4) The right not to be associated with particular ideas. The guarantee of freedom of speech means that a person is entitled to speak his or her own ideas and cannot forced to be associated with a particular idea with which that person disagrees. The right not to be associated with particular ideas arises in two situations. First, since money is considered speech for First Amendment purposes, the government cannot compel a person to pay money to support the expression of an idea with which that person disagrees. For example, when governmental employees are represented by a union under an agency shop arrangement fee, the union may not use any portion of the agency fee to advance ideological purposes unrelated to the union's function as collective bargaining representative. Second, there is the right not to be compelled to share one's own speech with opposing speech and to in effect provide a forum for that opposing speech. For example, the Court has held as unconstitutional a state right of reply law, which required a newspaper to give a right of reply in the newspaper to a political candidate that it had attacked in print. The effect of the law would be to force the newspaper to provide a forum for the political candidate to reply to the newspaper's attack on the candidate. (5) The right to avoid unwanted communications. The First Amendment right of silence includes the right not to listen to speech that a person wishes to avoid. This aspect of the right of silence enables a person to refuse to receive political, religious, or commercial solicitors calling on the person at home. The person can tell them to leave or post a no-solicitation sign, and if they insist on trying to communicate with the person after they have been told to leave, they can be prosecuted for trespass. Similarly, the government can protect the right to avoid unwanted communications by establishing a system by which persons can in advance indicate their unwillingness to receive certain kinds of communications and prohibit senders from sending such communications, such as by a do not call list.



Freedom For The Thought That We Hate


Freedom For The Thought That We Hate
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Author : Anthony Lewis
language : en
Publisher:
Release Date : 2007

Freedom For The Thought That We Hate written by Anthony Lewis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Freedom of speech categories.


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 this book, 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. The author 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.



Freedom For The Thought That We Hate


Freedom For The Thought That We Hate
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Author : Anthony Lewis
language : en
Publisher: ReadHowYouWant.com
Release Date : 2010

Freedom For The Thought That We Hate written by Anthony Lewis and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.


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.



Fear The People


Fear The People
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Author : David M. Zuniga
language : en
Publisher:
Release Date : 2015-04-01

Fear The People written by David M. Zuniga and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-01 with categories.