Collin V. Smith

Collin V. Smith PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 86

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Book Description

Collin V. Smith

Collin V. Smith PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 86

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Book Description


The Tolerant Society

The Tolerant Society PDF Author: Lee C. Bollinger
Publisher: Oxford University Press, USA
ISBN: 019505430X
Category : Freedom of expression
Languages : en
Pages : 306

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Book Description
In The Tolerant Society, Bollinger offers a masterful critique of the major theories of freedom of expression, and offers an alternative explanation. Traditional justifications for protecting extremist speech have turned largely on the inherent value of self-expression, maintaining that the benefits of the free interchange of ideas include the greater likelihood of serving truth and of promoting wise decisions in a democracy. Bollinger finds these theories persuasive but inadequate. Buttrressing his argument with references to the Skokie case and many other examples, as well as a careful analysis of the primary literature on free speech, he contends that the real value of toleration of extremist speech lies in the extraordinary self-control toward antisocial behavior that it elicits: society is stengthened by the exercise of tolerance, he maintains. The problem of finding an appropriate response -- especially when emotions make measured response difficult -- is common to all social interaction, Bollinger points out, and there are useful lesons to be learned from withholding punishment even for what is conceded to be bad behavior.

Defending My Enemy

Defending My Enemy PDF Author: Aryeh Neier
Publisher:
ISBN: 9781617700453
Category : History
Languages : en
Pages : 0

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Book Description
Originally published: New York: Dutton, c1979. With new foreword.

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.

Hate Speech

Hate Speech PDF Author: Samuel Walker
Publisher: U of Nebraska Press
ISBN: 9780803297517
Category : History
Languages : en
Pages : 232

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Book Description
Offers a chronological history of the U.S. policy on hate speech, which in most other countries is prohibited

Hate Speech Law

Hate Speech Law PDF Author: Alex Brown
Publisher: Routledge
ISBN: 1317502361
Category : Philosophy
Languages : en
Pages : 380

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Book Description
Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Liberalism and the Limits of Justice

Liberalism and the Limits of Justice PDF Author: Michael J. Sandel
Publisher: Cambridge University Press
ISBN: 1139643290
Category : Philosophy
Languages : en
Pages : 314

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Book Description
A liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this penetrating critique of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows.

Nazis in Skokie

Nazis in Skokie PDF Author: Donald Alexander Downs
Publisher:
ISBN:
Category : History
Languages : en
Pages : 244

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Book Description
Based on interviews with representatives of all the groups involved in the dispute regarding the request of the National Socialist Party of America, led by Frank Collin, to march in Skokie in 1977 - the Holocaust survivors, the Nazi Party, and the American Civil Liberties Union. Questions the decision of the court to permit the march. Opposes the protection of free speech as enshrined in the First Amendment when that speech is intended to assault or cause harm. Brings evidence of harm done to the survivors by permitting the march, and makes suggestions for legal reforms.

Free Speech and Turbulent Freedom

Free Speech and Turbulent Freedom PDF Author:
Publisher: Oxford University Press
ISBN: 0197636764
Category :
Languages : en
Pages : 297

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Book Description
America's marketplace of ideas is threatened by social media platforms and a government security apparatus that have joined together to suppress the free exchange of ideas. In Free Speech and Turbulent Freedom, Michael J. Glennon offers an incisive defense of free speech in the digital public square. Drawing on the intellectual journey of Supreme Court Justice Oliver Wendell Holmes Jr., who shaped the modern First Amendment, Glennon argues that a lively and robust marketplace of ideas is the surest guarantor of social stability. Crisply written and lucidly argued, this timely book calls on the courts to protect the speech interests not merely of the government and Big Tech, but of all participants in the marketplace of ideas.

Constitutional Law

Constitutional Law PDF Author: Jacqueline Kanovitz
Publisher: Routledge
ISBN: 1317523903
Category : Law
Languages : en
Pages : 825

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Book Description
Presents an up-to-date analysis of critical constitutional issues. Special attention is given to issues of greatest concern to criminal justice personnel — detention, arrest, search and seizure, interrogations and confessions, self-incrimination, due process, and right to counsel. Also includes constitutional aspects of criminal and civil liabilities of justice personnel, and constitutional and civil rights in the workplace. Part II presents key cases to assist in interpreting the constitutional provisions.