Fear Loathing And The First Amendment
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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 And The First Amendment
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Author : Kevin A. Johnson
language : en
Publisher: University of Alabama Press
Release Date : 2024
Fear And The First Amendment written by Kevin A. Johnson and has been published by University of Alabama Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 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"--
The First Amendment
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Author : Geoffrey R. Stone
language : en
Publisher: Aspen Publishing
Release Date : 2024
The First Amendment written by Geoffrey R. Stone and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Law categories.
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. From the same authorship team behind the highly successful Constitutional Law and among the leading casebooks in the field, The First Amendment provides a comprehensive and accessible review of speech and religion jurisprudence under the First Amendment. The eminent authorship team, whose members are distinguished both in teaching and scholarship, combines textual, historical, theoretical, and doctrinal approaches in an inclusive and creative survey of the essential elements of modern First Amendment doctrine. It has been completely updated to incorporate recent developments in the field, including campaign finance and government speech, and provides a broader discussion of modern First Amendment issues, including those related to modern technology. New to the Seventh Edition: ● New material on recent developments in free speech and press doctrine Discussion of the implications of Iancu v. Brunetti, dealing with the constitutionality of a federal law prohibiting the registration of "disparaging" trademarks Discussion of the issue of flags on government property in Shurtleff v. Boston Discussion of campaign finance regulation in Federal Elections Commission v. Ted Cruz Discussion of the Court's controversial 2023 decision in Counterman v. Colorado Discussion of the Court's controversial 2023 decision in 303 Creative v. Elenis ● New material on recent developments in religion clause doctrine Discussion of the implications of the Bladensburg Cross case for the doctrine replacing the Lemon test Discussion of the Court's elaboration of the "individualized determination" component of the Smith test, including its application in COVID related cases and in Fulton v. Philadelphia Professors and students will benefit from: ● Rigorous questions in the Notes ● Carefully selected and challenging excerpts from articles and books by leading First Amendment scholars ● Thoughtful organization of topics and cases designed to challenge students and to illuminate the evolution and current state of First Amendment jurisprudence
The First Amendment
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Author : Ronald J. Krotoszynski
language : en
Publisher: Aspen Publishing
Release Date : 2017-07-19
The First Amendment written by Ronald J. Krotoszynski and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-19 with Law categories.
This book is about sex offenders. Whereas most books will focus on either sex crimes or sexual deviance, this book examines the entire etiology of sex crimes. This includes discussions of the nature of sex crimes, sexual deviance, and, maybe most importantly, the processing of sex offenders through the criminal justice system. This includes sex offender interactions with law enforcement, the courts, and corrections. Corrections for sex offenders encompasses a myriad of programs: prison, sex offender registration and notification, civil commitments, residence restrictions, and treatment. One unique aspect of this book is its focus on criminal justice system’s treatment of sex offenders, given scant if any coverage in other books. The book also emphasizes two of the most common sex crimes, rape and sex offenses against children, and addresses the impact of sex crimes on victims. In sum, this book offers a comprehensive approach to the study of sex offenders.
The First Amendment
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Author : KROTOSZYNSKI
language : en
Publisher: Aspen Publishing
Release Date : 2022-09-14
The First Amendment written by KROTOSZYNSKI and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-14 with Law categories.
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties. The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court's decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students' mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including "low value" speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage - including coverage of the Supreme Court's major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the "Lemon," "endorsement," "coercion," and "history and tradition" tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions
The Disappearing First Amendment
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Author : Ronald J. Krotoszynski
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-03
The Disappearing First Amendment written by Ronald J. Krotoszynski and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with Law categories.
Shows that while the Supreme Court enforces some First Amendment rights vigorously, it often fails to protect ordinary citizens' expressive freedoms.
Commercial Speech As Free Expression
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Author : Martin H. Redish
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-10
Commercial Speech As Free Expression written by Martin H. Redish and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-10 with Law categories.
A bold, controversial advance in the theory of free expression, grounded in a new underlying theoretical perspective, for a dramatic extension of commercial speech protection.
Racism In Contemporary America
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Author : Meyer Weinberg
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1996-05-23
Racism In Contemporary America written by Meyer Weinberg and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-05-23 with Social Science categories.
Racism in Contemporary America is the largest and most up-to-date bibliography available on current research on the topic. It has been compiled by award-winning researcher Meyer Weinberg, who has spent many years writing and researching contemporary and historical aspects of racism. Almost 15,000 entries to books, articles, dissertations, and other materials are organized under 87 subject-headings. In addition, there are author and ethnic-racial indexes. Several aids help the researcher access the materials included. In addition to the subject organization of the bibliography, entries are annotated whenever the title is not self-explanatory. An author index is followed by an ethnic-racial index which makes it convenient to follow a single group through any or all the subject headings. This is a source book for the serious study of America's most enduring problem; as such it will be of value to students and researchers at all levels and in most disciplines.
The Constitution Goes To College
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Author : Rodney A. Smolla
language : en
Publisher: NYU Press
Release Date : 2011-04-11
The Constitution Goes To College written by Rodney A. Smolla and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-11 with Education categories.
In this book, the author deftly uses the American university as a lens through which to view the Constitution in action. Drawing on landmark cases and conflicts played out on college campuses, he demonstrates how five key constitutional ideas are not only fiercely contested on college campuses, but also dominate the shape and identity of American university life.
Campaigning In The Aftermath Of The 2020 Elections
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Author : Robert Denton
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-10-28
Campaigning In The Aftermath Of The 2020 Elections written by Robert Denton and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-28 with Language Arts & Disciplines categories.
The post-election period of the 2020 presidential campaign is historic not only for the culmination of tensions in the January 6, 2021 storming of the US capitol, but also in the very persistence of campaigning after the election was over. Historically, political campaigns have had only four phases: pre-primary, primary, convention, and general election. In 2020, there was a distinct and active post-election campaign in which President Donald Trump vigorously challenged the election, calling for recounts, court challenges amid charges of voter fraud and irregularities. Speeches, rallies, fundraising and advertising continued weeks past the election. For the first time modern electoral history, there was an active, dramatic and decisive post-election phase of the 2020 presidential campaign. This volume explores political communication during the post-election phase from election day until the inauguration of President Joseph R. Biden. Chapters address political branding, the nature of argumentation in the era of partisanship, the themes and issues of media coverage, examination of Trump’s January 6th address in terms of inciting an insurrection or free speech, Trump’s discursive strategy, political advertising and political cartoons during this period concluding with an examination of the post-election lawsuits.