Reflections On Freedom Of Speech And The First Amendment
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Reflections On Freedom Of Speech And The First Amendment
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Author : George Anastaplo
language : en
Publisher: University Press of Kentucky
Release Date : 2007-02-16
Reflections On Freedom Of Speech And The First Amendment written by George Anastaplo and has been published by University Press of Kentucky this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-16 with Performing Arts categories.
Governments throughout history have struggled to define the boundaries of the right to freedom of speech. Even though the United States explicitly articulates freedom of speech in the First Amendment to the Constitution, the judicial branch frequently reinterprets the amendment by allowing laws to limit that freedom. In Reflections on Freedom of Speech and the First Amendment, noted legal theorist George Anastaplo details the history and intellectual foundations of freedom of speech, using examples from Socrates, Jesus, and Sir Thomas More to demonstrate how freedom of speech has evolved over centuries. Anastaplo pays particular attention to freedom of speech as it relates to the U.S. Constitution, and he describes potential First Amendment issues, such as cases involving the Internet. Anastaplo provides an in-depth look at a controversial issue, and he defines freedom of speech in precise terms for both scholars and those interested in one of our most cherished rights.
Reflections On Life Death And The Constitution
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Author : George Anastaplo
language : en
Publisher: University Press of Kentucky
Release Date : 2009-07-17
Reflections On Life Death And The Constitution written by George Anastaplo and has been published by University Press of Kentucky this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-17 with Law categories.
The role of law in government has been increasingly scrutinized as courts struggle with controversial topics such as assisted suicide, euthanasia, abortion, capital punishment, and torture. Reflections on Life, Death, and the Constitution explores such issues by using classical standards of morality as a starting point for understanding them. Drawing on works of literature and philosophy, and on U.S. Supreme Court decisions, George Anastaplo examines the intimate relationship between human nature and constitutional law.
Reflections On Constitutional Law
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Author : George Anastaplo
language : en
Publisher: University Press of Kentucky
Release Date : 2006-08-25
Reflections On Constitutional Law written by George Anastaplo and has been published by University Press of Kentucky this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-08-25 with Law categories.
Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is said -- what considerations it weighed and how -- than it is to know what it is recorded that the Court "decided." In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.
The First Freedom
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Author : Albert J. Menendez
language : en
Publisher:
Release Date : 1985
The First Freedom written by Albert J. Menendez and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with United States categories.
The Irony Of Free Speech
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Author : Owen M. Fiss
language : en
Publisher:
Release Date : 1996
The Irony Of Free Speech written by Owen M. Fiss and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly "uninhibited, robust, and wide-open." Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty. By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it. Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.
The Irony Of Free Speech
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Author : Owen M. Fiss
language : en
Publisher:
Release Date : 1996
The Irony Of Free Speech written by Owen M. Fiss and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Campaign funds categories.
How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests in this incisive book, is where the First Amendment comes in. He reframes the debate by showing how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it.
Reflections On The First Amendment
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Author : Geoffrey R. Stone
language : en
Publisher:
Release Date : 1987
Reflections On The First Amendment written by Geoffrey R. Stone and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Intellectual freedom categories.
The Free Speech Movement
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Author : Robert Cohen
language : en
Publisher: Univ of California Press
Release Date : 2002-10-01
The Free Speech Movement written by Robert Cohen and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-01 with Education categories.
This is the authoritative and long-awaited volume on Berkeley's celebrated Free Speech Movement (FSM) of 1964. Drawing from the experiences of many movement veterans, this collection of scholarly articles and personal memoirs illuminates in fresh ways one of the most important events in the recent history of American higher education. The contributors—whose perspectives range from that of FSM leader Mario Savio to University of California president Clark Kerr—-shed new light on such issues as the origins of the FSM in the civil rights movement, the political tensions within the FSM, the day-to-day dynamics of the protest movement, the role of the Berkeley faculty and its various factions, the 1965 trial of the arrested students, and the virtually unknown "little Free Speech Movement of 1966."
The Illusion Of The Free Press
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Author : John Charney
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-01-11
The Illusion Of The Free Press written by John Charney and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
This book explores the relationship between truth and freedom in the free press. It argues that the relationship is problematic because the free press implies a competition between plural ideas, whereas truth is univocal. Based on this tension the book claims that the idea of a free press is premised on an epistemological illusion. This illusion enables society to maintain that the world it perceives through the press corresponds to the world as it actually exists, explaining why defenders of the free press continue to rely on its capacity to discover the truth, despite economic conditions and technological innovations undermining much of its independence. The book invites the reader to reconsider the philosophical foundations, constitutional justifications, and structure and functions of the free press, and whether the institution can, in fact, realise both freedom and truth. It will be of great interest to anyone concerned in the role and value of the free press in the modern world.
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.