Shaping The First Amendment
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Shaping The First Amendment
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Author : John D. Stevens
language : en
Publisher:
Release Date :
Shaping The First Amendment written by John D. Stevens and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
An unusual history and philosophical review of the development of free speech guarantees, particularly in America is presented in Shaping the First Amendment. The book traces the development of free speech from the ancient world to the American revolution and measures the impact of wars on the First Amendment.
Defending The First
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Author : Joseph Russomanno
language : en
Publisher: Routledge
Release Date : 2006-04-21
Defending The First written by Joseph Russomanno and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-21 with Language Arts & Disciplines categories.
Defending the First provides a collection of new perspectives on the First Amendment in legal and communication contexts. Editor Joseph Russomanno brings together a roster of major figures who have participated in the shaping of First Amendment law over the past 30 years. Readers are taken into a realm of personal experience and analysis through the stories of these attorneys at the forefront of the battle to defend the "First." The contributors to this volume--all of whom have argued cases before the Supreme Court--tell about their experiences appearing before the highest court in the United States. Some write many years after being there, while others offer insights from a more recent vantage point. One Supreme Court Attorney offers a historical analysis of a case replete with a variety of First Amendment issues. This work contributes to a deeper understanding of First Amendment issues and the types of expression that the First Amendment protects, and why these rights must be protected. In addition, it provides readers with the unique perspective of those who have been on the front lines of some of the most important and influential cases in this era. The challenges of presenting an argument in this venue become clear, and it is evident that understanding one's own case, its lineage, and its likely impact all become part of the formula for success. This distinctive collection provides personal and compelling insights into the making of communication law, and it will be engaging reading for students in communication law courses. It will also appeal to any reader interested in First Amendment law.
The First Amendment In Schools
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Author : Charles C. Haynes
language : en
Publisher: ASCD
Release Date : 2003-11-15
The First Amendment In Schools written by Charles C. Haynes and has been published by ASCD this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-11-15 with Education categories.
What are the First Amendment rights? How do you resolve questions about the rights of students, educators, and parents in a school setting? The First Amendment to the U.S. Constitution protects the most basic and cherished rights of society--religion, speech, press, petition, and assembly. Anyone who wants to know more about those freedoms in the context of schools will find The First Amendment in Schools a rich resource for study and application. The book includes * An explanation of the origins of the First Amendment * A concise, chronological history of 50 legal cases, including many landmark decisions, involving the First Amendment in public schools * Answers to frequently asked questions about the practice of the First Amendment in schools, covering specific issues of religious liberty, free speech, and press as they affect school prayer, use of school facilities, dress and speech codes, student press, book selection, and curriculum * General information on First Amendment expression and practice in schools * Information on more than 60 educational and advocacy programs and organizations for First Amendment resources * A profile of First Amendment Schools This book provides a civic and legal framework for giving all members of the school community--students, parents, teachers, administrators, and community members--a real voice in shaping the life of the school. Note: This product listing is for the reflowable (ePub) version of the book.
First Amendment Institutions
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Author : Paul Horwitz
language : en
Publisher: Harvard University Press
Release Date : 2013-01-07
First Amendment Institutions written by Paul Horwitz and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-07 with Law categories.
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.
The Shaping Of The First Amendment 1791 To The Present
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Author : Paul L. Murphy
language : en
Publisher:
Release Date : 1992
The Shaping Of The First Amendment 1791 To The Present written by Paul L. Murphy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Language Arts & Disciplines categories.
This volume deals primarily with the origins, development, and application of the principles of the freedom of speech, press, and religion in American history, with attention also paid to freedom of assembly and the right to petition.
The First Amendment
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Author : Ronald J. Krotoszynski
language : en
Publisher: Aspen Publishing
Release Date : 2022-09-08
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 2022-09-08 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. 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
Managed Speech
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Author : Gregory P. Magarian
language : en
Publisher: Oxford University Press
Release Date : 2017-03-07
Managed Speech written by Gregory P. Magarian 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 2017-03-07 with Law categories.
Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.
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.
Observations Of White Noise
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Author : Marc M. Harrold
language : en
Publisher: iUniverse
Release Date : 2005
Observations Of White Noise written by Marc M. Harrold and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Constitutional amendments categories.
Observations of White Noise An Acid Test for the First Amendment examines the current state of the First Amendment, its scope and design, and its place in popular culture. Lawyer Marc M. Harrold candidly examines both mainstream and cutting-edge topics, including an overview of the First Amendment and its unique character in comparison with the other Amendments that comprise the Bill of Rights. In engaging fashion, he reveals the illogical reasoning behind the Supreme Court's sex-only obscenity doctrine and the over-expansive insertion of the First Amendment into tort suits between private parties where the government is not directly involved. Advance Praise for Observations of White Noise- "Observations of White Noise is a clear and provocative interpretation of the present state of First Amendment law as it impacts our ever-evolving culture. Marc Harrold powerfully trumpets the importance of free speech and representative government in a democratic society. Professor Harrold offers deep insights by integrating critical analysis and perspective on how judicial interpretations of our beloved First Amendment shape our nation and its culture." -Hon. Kenneth W. Starr, Dean and Professor of Law, Pepperdine School of Law. Former Judge of the U.S. Court of Appeals, Solicitor General of the United States, Independent Counsel on the Whitewater matter, and author of FIRST AMONG EQUALS: THE SUPREME COURT IN AMERICAN LIFE. "A timely and thoughtful exploration of the newest generation of challenges to our ongoing American debate over the meaning of the First Amendment, gracefully intertwining 'breaking news' with discussion of classic First Amendment conundrums." Rodney A. Smolla, Dean and Professor of Law, University of Richmond School of Law and author: DELIBERATE INTENT, JERRY FALWELL V. LARRY FLYNT: THE FIRST AMENDMENT ON TRIAL, and FREE SPEECH IN AN OPEN SOCIETY..
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.