Schenck V. United States

Schenck V. United States PDF Author: Karen Alonso
Publisher:
ISBN:
Category : Juvenile Nonfiction
Languages : en
Pages : 136

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Book Description
This landmark decision placed certain restrictions on the First Amendment's guarantee of freedom of speech. When Charles Schenck, a member of the socialist party distributed anti-draft material during World War I, Justice Oliver Wendell Holmes created the clear and present danger standard as a means of determining what kind of speech was acceptable, and what kind of speech needed to be limited by the court.

Schenck V. United States

Schenck V. United States PDF Author: Karen Alonso
Publisher:
ISBN:
Category : Juvenile Nonfiction
Languages : en
Pages : 136

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Book Description
This landmark decision placed certain restrictions on the First Amendment's guarantee of freedom of speech. When Charles Schenck, a member of the socialist party distributed anti-draft material during World War I, Justice Oliver Wendell Holmes created the clear and present danger standard as a means of determining what kind of speech was acceptable, and what kind of speech needed to be limited by the court.

Perilous Times

Perilous Times PDF Author: Geoffrey R. Stone
Publisher: W. W. Norton & Company
ISBN: 9780393058802
Category : History
Languages : en
Pages : 758

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Book Description
Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.

The Great Dissent

The Great Dissent PDF Author: Thomas Healy
Publisher: Macmillan
ISBN: 0805094563
Category : Biography & Autobiography
Languages : en
Pages : 336

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Book Description
Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero.

The Free Speech Century

The Free Speech Century PDF Author: Lee C. Bollinger
Publisher:
ISBN: 0190841370
Category : Law
Languages : en
Pages : 377

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Book Description
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.

An Introduction to Constitutional Law

An Introduction to Constitutional Law PDF Author: Randy E. Barnett
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 473

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Book Description
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.

Liars

Liars PDF Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0197545130
Category : Law
Languages : en
Pages : 193

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Book Description
A powerful analysis of why lies and falsehoods spread so rapidly now, and how we can reform our laws and policies regarding speech to alleviate the problem. Lying has been with us from time immemorial. Yet today is different-and in many respects worse. All over the world, people are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 is a hoax. They are claiming that vaccines cause autism. They are lying about public officials and about people who aspire to high office. They are lying about their friends and neighbors. They are trying to sell products on the basis of untruths. Unfriendly governments, including Russia, are circulating lies in order to destabilize other nations, including the United Kingdom and the United States. In the face of those problems, the renowned legal scholar Cass Sunstein probes the fundamental question of how we can deter lies while also protecting freedom of speech. To be sure, we cannot eliminate lying, nor should we try to do so. Sunstein shows why free societies must generally allow falsehoods and lies, which cannot and should not be excised from democratic debate. A main reason is that we cannot trust governments to make unbiased judgments about what counts as "fake news." However, governments should have the power to regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein also suggests that private institutions, such as Facebook and Twitter, have a great deal of room to stop the spread of falsehoods, and they should be exercising their authority far more than they are now doing. As Sunstein contends, we are allowing far too many lies, including those that both threaten public health and undermine the foundations of democracy itself.

Freedom for the Thought That We Hate

Freedom for the Thought That We Hate PDF Author: Anthony Lewis
Publisher: ReadHowYouWant.com
ISBN: 1458758389
Category : History
Languages : en
Pages : 262

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Book Description
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.

Is There a Right of Freedom of Expression?

Is There a Right of Freedom of Expression? PDF Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 9780521822930
Category : Law
Languages : en
Pages : 228

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Book Description
A sceptical appraisal of the claim that freedom of expression is a human right.

United States of America V. Progressive, Inc

United States of America V. Progressive, Inc PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 16

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Book Description


Clear and Present Danger: Schenck v. United States

Clear and Present Danger: Schenck v. United States PDF Author: Susan Dudley Gold
Publisher: Cavendish Square Publishing, LLC
ISBN: 1627123881
Category : Juvenile Nonfiction
Languages : en
Pages : 147

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Book Description
Charles Schenck an American Socialist against WWI, originally thought of committing espionage, distributed flyers to men who were drafted to fight in the war. His flyers stated that the men were being drafted into, “involuntary servitude,” and urged them to fight against the US Government and their freedom to choose. Congress cited “clear and present danger,” and Schenck lost the case, but the ruling was overturned stating that his right to free speech was violated. In this detailed volume, historical cases about the First Amendment are unpacked for readers to elicit debate. Through case studies, primary sources, and further reading sections, students are inspired to think deeply about our right, as Americans, to free speech and what constitutes that right even if the subject is disagreeable.