First Amendment The Right Of Expression
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First Amendment The Right Of Expression
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Author : Rich Smith
language : en
Publisher: ABDO
Release Date : 2007-08-15
First Amendment The Right Of Expression written by Rich Smith and has been published by ABDO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-15 with Juvenile Nonfiction categories.
Examines the First Amendment, explaining the right to freedom of speech, freedom of religion, and freedom of the press.
Freeing The First Amendment
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Author : David S. Allen
language : en
Publisher: NYU Press
Release Date : 1995-11
Freeing The First Amendment written by David S. Allen and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-11 with Law categories.
In a society that prides itself on the most expansive legal guarantees of free speech in history, why are so many individuals and groups frustrated by the American system of freedom of expression? As the public sphere continues to be redefined by advances in technology, and new debates about this technology crop up daily, the time has come to move from reflexive discussions about the value of more speech to a detailed assessment of the real power and limits of speech.Why, this volume asks, does the First Amendment--the very document intended to ensure the freedom of U.S. citizens--need to be freed? And from what?Long an icon in American law, politics, and journalism, the First Amendment--and the potential and real dilemmas with which it presents us--have only recently begun to be scrutinized. Challenging the idea that the only champions of free speech are traditional liberal theorists who oppose alternatives to the mainstream interpretation of the First Amendment, the contributors to this volume, among them such prominent thinkers as Frederick Schauer, Owen Fiss, and Cass Sunstein, explore new and provocative ways to think about freedom of expression. By reformulating traditional liberal and libertarian approaches to the First Amendment, this volume convincingly disputes the notion that those who question an unwavering reliance on free- and-open competition between individuals to produce free expression are necessarily enemies of free speech. It argues instead that these alleged enemies can in fact be champions as well.
The First Amendment
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Author : David L. Hudson
language : en
Publisher:
Release Date : 2012
The First Amendment written by David L. Hudson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Constitutional law categories.
The First Amendment In Cross Cultural Perspective
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Author : Ronald J. Krotoszynski Jr.
language : en
Publisher: NYU Press
Release Date : 2009-03
The First Amendment In Cross Cultural Perspective written by Ronald J. Krotoszynski Jr. and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03 with Law categories.
The First Amendment—and its guarantee of free speech for all Americans—has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine. Ronald J. Krotoszynski, Jr., compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom—countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular—and largely American—assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.
Rediscovering A Lost Freedom
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Author : Patrick Garry
language : en
Publisher: Routledge
Release Date : 2017-07-12
Rediscovering A Lost Freedom written by Patrick Garry and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-12 with Law categories.
Since ratification of the First Amendment in the late eighteenth century, there has been a sea change in American life. When the amendment was ratified, individuals were almost completely free of unwanted speech; but today they are besieged by it. Indeed, the First Amendment has, for all practical purposes, been commandeered by the media to justify intrusions of offensive speech into private life. In its application, the First Amendment has become one-sided. Even though America is virtually drowning in speech, the First Amendment only applies to the speaker's delivery of speech. Left out of consideration is the one participant in the communications process who is the most vulnerable and least protected--the helpless recipient of offensive speech. In Rediscovering a Lost Freedom, Patrick Garry addresses what he sees as the most pressing speech problem of the twenty-first century: an often irresponsible media using the First Amendment as a shield behind which to hide its socially corrosive speech. To Garry, the First Amendment should protect the communicative process as a whole. And for this process to be free and open, listeners should have as much right to be free from unwanted speech as speakers do of not being thrown in jail for uttering unpopular ideas. Rediscovering a Lost Freedom seeks to modernize the First Amendment. With other constitutional rights, changed circumstances have prompted changes in the law. Restrictions on political advertising seek to combat the perceived influences of big money; the Second Amendment right to bear arms, due to the prevalence of violence in America, has been curtailed; and the Equal Protection clause has been altered to permit affirmative action programs aimed at certain racial and ethnic groups. But when it comes to the flood of violent and vulgar media speech, there has been no change in First Amendment doctrines. This work proposes a government-facilitated private right to censor. Redisco
Importing The First Amendment
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Author : Ian Loveland
language : en
Publisher:
Release Date : 1998
Importing The First Amendment written by Ian Loveland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Freedom of speech categories.
This study compares the different approaches of the British, European and American courts to the questions of free speech, which are central to much of the debate in constitutional law. The contributors adopt opposing views, either favouring a US-inspired approach, or a more European approach.
The Fight For Free Speech
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Author : Ian Rosenberg
language : en
Publisher: NYU Press
Release Date : 2023-05-16
The Fight For Free Speech written by Ian Rosenberg and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-16 with Law categories.
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.
Constitutional Law First Amendment
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Author : Adeyemi Oshunrinade
language : en
Publisher:
Release Date : 2020-09-14
Constitutional Law First Amendment written by Adeyemi Oshunrinade and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-14 with categories.
The settled principle of law and bedrock of the First Amendment is that, Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press. The book is designed to give the student and curious minds a broad and knowledgeable insight into the First Amendment, the meaning of free speech, and why despite the protection afforded by the First Amendment, there are still some categories of expression not offered protection under the free speech doctrine. Fraud, defamation, obscenity and divulgence of State secret are among expressions not offered refuge by the First Amendment. The author carefully selected and reported some decisions of the United States Supreme Court, focusing on the subject of free speech, religious establishment and the free exercise clause. The book reports both the controversy and curiosity that are subjects of the present day Constitutional law. There are also hundreds of thought provoking essays and multiple choice questions in the book for the First Amendment students of Constitutional Law.
First Amendment Law
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Author : Arthur D. Hellman
language : en
Publisher:
Release Date : 2010
First Amendment Law written by Arthur D. Hellman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This new casebook rests on a straightforward premise: The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law-albeit a special kind of law. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book- closely tracking the structure that the Supreme Court has imposed- helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justices' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course. The accompanying Teacher's Manual offers extensive guidance for taking advantage of the breadth-and depth-of coverage offered by the casebook. The authors have included three different sample syllabi. The running commentary fully analyzes the cases and suggests possible directions for class discussion. The authors also provide answers to the questions that appear in the notes and identify the origins and sources for the Problems.
The Free Speech Century
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Author : Geoffrey R. Stone
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-12-04
The Free Speech Century written by Geoffrey R. Stone and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-04 with Law categories.
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.