The First Amendment Right To Silence
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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.
The Rise And Fall Of The Right Of Silence
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Author : Hannah Quirk
language : en
Publisher: Routledge
Release Date : 2016-11-25
The Rise And Fall Of The Right Of Silence written by Hannah Quirk and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-25 with Law categories.
Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.
Is There A Right To Remain Silent
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Author : Alan M. Dershowitz
language : en
Publisher: Oxford University Press
Release Date : 2008-05-06
Is There A Right To Remain Silent written by Alan M. Dershowitz 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 2008-05-06 with Law categories.
The right to remain silent, guaranteed by the famed Fifth Amendment case, Miranda v. Arizona, is perhaps one of the most easily recognized and oft-quoted constitutional rights in American culture. Yet despite its ubiquity, there is widespread misunderstanding about the right and the protections promised under the Fifth Amendment. In Is There a Right to Remain Silent? renowned legal scholar and bestselling author Alan Dershowitz reveals precisely why our Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11. As security concerns have heightened, law enforcement has increasingly turned its attention from punishing to preventing crime. Dershowitz argues that recent Supreme Court decisions have opened the door to coercive interrogations--even when they amount to torture--if they are undertaken to prevent a crime, especially a terrorist attack, and so long as the fruits of such interrogations are not introduced into evidence at the criminal trial of the coerced person. In effect, the court has given a green light to all preventive interrogation methods. By deftly tracing the evolution of the Fifth Amendment from its inception in the Bill of Rights to the present day, where national security is the nation's first priority, Dershowitz puts forward a bold reinterpretation of the Fifth Amendment for the post-9/11 world. As the world we live in changes from a "deterrent state" to the heightened vigilance of today's "preventative state," our construction, he argues, must also change. We must develop a jurisprudence that will contain both substantive and procedural rules for all actions taken by government officials in order to prevent harmful conduct-including terrorism. Timely, provocative, and incisively written, Is There a Right to Remain Silent? presents an absorbing look at one of our most essential constitutional rights at one of the most critical moments in recent American history.
Voice Of Justice
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Author : Margaret Tarkington
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-06
Voice Of Justice written by Margaret Tarkington 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 2018-09-06 with Law categories.
This book shows that securing attorney First Amendment rights protects the justice system by safeguarding client interests and checking government power.
Constitution
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Author : United States
language : en
Publisher:
Release Date : 1893
Constitution written by United States and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1893 with categories.
Free Speech In Its Forgotten Years 1870 1920
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Author : David M. Rabban
language : en
Publisher: Cambridge University Press
Release Date : 1997
Free Speech In Its Forgotten Years 1870 1920 written by David M. Rabban 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 1997 with History categories.
Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.
The First Amendment In Schools
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Author : Charles C. Haynes
language : en
Publisher: ASCD
Release Date : 2003
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 with Education categories.
This book answers the most frequently asked questions about the First Amendment in public schools and provides a 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.
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.
The Privilege Against Self Incrimination
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Author : R. H. Helmholz
language : en
Publisher: University of Chicago Press
Release Date : 1997-06-08
The Privilege Against Self Incrimination written by R. H. Helmholz and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-06-08 with Law categories.
Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
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.