Author: Robert Justin Goldstein
Publisher:
ISBN:
Category : History
Languages : en
Pages : 296
Book Description
When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.
Flag Burning and Free Speech
Author: Robert Justin Goldstein
Publisher:
ISBN:
Category : History
Languages : en
Pages : 296
Book Description
When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.
Publisher:
ISBN:
Category : History
Languages : en
Pages : 296
Book Description
When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.
Desecrating the American Flag
Author: Robert Justin Goldstein
Publisher: Syracuse University Press
ISBN: 9780815627166
Category : History
Languages : en
Pages : 372
Book Description
Desecrating the American Flag is the only comprehensive, edited, and annotated collection of critical documents regarding the controversies swirling around the desecration of the American flag. Should violators of the Stars and Stripes be prosecuted? Or legally protected? This issue reached center stage in American politics throughout the 1990s when Congress debated whether or not to amend the constitution to forbid flag desecration; but this debate has been hotly contested since the Civil War. Robert Justin Goldstein brings together almost 150 key documents spanning more than 100 years. He culls from a variety of sources—Congressional hearings, debates, legal briefs, oral arguments, newspaper articles, and court rulings, for example—and then carefully edits each document to retain key material. Introductory essays place each document within a broader historical, political, and legal context.
Publisher: Syracuse University Press
ISBN: 9780815627166
Category : History
Languages : en
Pages : 372
Book Description
Desecrating the American Flag is the only comprehensive, edited, and annotated collection of critical documents regarding the controversies swirling around the desecration of the American flag. Should violators of the Stars and Stripes be prosecuted? Or legally protected? This issue reached center stage in American politics throughout the 1990s when Congress debated whether or not to amend the constitution to forbid flag desecration; but this debate has been hotly contested since the Civil War. Robert Justin Goldstein brings together almost 150 key documents spanning more than 100 years. He culls from a variety of sources—Congressional hearings, debates, legal briefs, oral arguments, newspaper articles, and court rulings, for example—and then carefully edits each document to retain key material. Introductory essays place each document within a broader historical, political, and legal context.
Statutory and Constitutional Responses to the Supreme Court Decision in Texas V. Johnson
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 584
Book Description
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 584
Book Description
Flag Burning
Author: Michael Welch (Ph. D.)
Publisher: Transaction Publishers
ISBN: 9780202366128
Category : Social Science
Languages : en
Pages : 244
Book Description
Responses to flag burning as a particular form of street protest tend to polarize into two camps: one holding the view that action of this sort is constitutionally protected protest; the other, that it is subversive and criminal activity. In this well-researched and richly documented volume, Welch examines the collision of these ideologies, and shows the relevance of sociological concepts to a deeper understanding of such forms of protest. In exploring social control of political protest in the United States, this volume embarks on an in-depth examination of flag desecration and efforts to criminalize that particular form of dissent. It seeks to examine the sociological process facilitating the criminalization of protest by attending to moral enterprises, civil religion, authoritarian aesthetics, and the ironic nature of social control. Flag burning is a potent symbolic gesture conveying sharp criticism of the state. Many American believe that flag desecration emerged initially during the Vietnam War era, but the history of this caustic form of protest can be traced to the period leading up to the Civil War. The act of torching Old Glory differs qualitatively from other forms of defiance. With this distinction in mind, attempts to penalize and deter flag desecration transcend the utilitarian function of regulating public protest. Despite popular claims that American society is built on genuine consensus, the flag-burning controversy brings to light the contentious nature of U.S. democracy and its ambivalence toward free expression. The First Amendment of the U.S. Constitution is often viewed as one of the more unpopular additions to the Bill of Rights. One constitutional commentator underscores this point by noting that the First Amendment gives citizens the right to tell people what they do not want to hear. Flag Burning is a well-written, informative volume suitable for courses in deviance, social problems, social movements, mass communication, criminology, and political science, as well as in sociology of law and legal studies.
Publisher: Transaction Publishers
ISBN: 9780202366128
Category : Social Science
Languages : en
Pages : 244
Book Description
Responses to flag burning as a particular form of street protest tend to polarize into two camps: one holding the view that action of this sort is constitutionally protected protest; the other, that it is subversive and criminal activity. In this well-researched and richly documented volume, Welch examines the collision of these ideologies, and shows the relevance of sociological concepts to a deeper understanding of such forms of protest. In exploring social control of political protest in the United States, this volume embarks on an in-depth examination of flag desecration and efforts to criminalize that particular form of dissent. It seeks to examine the sociological process facilitating the criminalization of protest by attending to moral enterprises, civil religion, authoritarian aesthetics, and the ironic nature of social control. Flag burning is a potent symbolic gesture conveying sharp criticism of the state. Many American believe that flag desecration emerged initially during the Vietnam War era, but the history of this caustic form of protest can be traced to the period leading up to the Civil War. The act of torching Old Glory differs qualitatively from other forms of defiance. With this distinction in mind, attempts to penalize and deter flag desecration transcend the utilitarian function of regulating public protest. Despite popular claims that American society is built on genuine consensus, the flag-burning controversy brings to light the contentious nature of U.S. democracy and its ambivalence toward free expression. The First Amendment of the U.S. Constitution is often viewed as one of the more unpopular additions to the Bill of Rights. One constitutional commentator underscores this point by noting that the First Amendment gives citizens the right to tell people what they do not want to hear. Flag Burning is a well-written, informative volume suitable for courses in deviance, social problems, social movements, mass communication, criminology, and political science, as well as in sociology of law and legal studies.
American Government 3e
Author: Glen Krutz
Publisher:
ISBN: 9781738998470
Category :
Languages : en
Pages : 0
Book Description
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Publisher:
ISBN: 9781738998470
Category :
Languages : en
Pages : 0
Book Description
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
HATE
Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 019085913X
Category : Law
Languages : en
Pages : 233
Book Description
The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Publisher: Oxford University Press
ISBN: 019085913X
Category : Law
Languages : en
Pages : 233
Book Description
The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
The Hardhat Riot
Author: David Paul Kuhn
Publisher: Oxford University Press, USA
ISBN: 0190064714
Category : Anti-war demonstrations
Languages : en
Pages : 417
Book Description
"In May 1970, four days after Kent State, construction workers chased students through downtown Manhattan, beating scores of protesters bloody. As hardhats clashed with hippies, it soon became clear that something larger was underway- Democrats were at war with themselves. In The Hardhat Riot, David Paul Kuhn tells the fateful story of when the white working class first turned against liberalism, when Richard Nixon seized the breach, and America was forever changed. It was unthinkable one generation before: FDR's "forgotten man" siding with the party of Big Business and, ultimately, paving the way for presidencies from Ronald Reagan to Donald Trump. This is the story of the schism that tore liberalism apart. In this riveting story- rooted in meticulous research, including thousands of pages of never-before-seen records- we go back to a harrowing day that explains the politics of today. We experience an emerging class conflict between two newly polarized Americas,m and how it all boiled over on one brutal day, when the Democratic Part's future was bludgeoned by its past."--
Publisher: Oxford University Press, USA
ISBN: 0190064714
Category : Anti-war demonstrations
Languages : en
Pages : 417
Book Description
"In May 1970, four days after Kent State, construction workers chased students through downtown Manhattan, beating scores of protesters bloody. As hardhats clashed with hippies, it soon became clear that something larger was underway- Democrats were at war with themselves. In The Hardhat Riot, David Paul Kuhn tells the fateful story of when the white working class first turned against liberalism, when Richard Nixon seized the breach, and America was forever changed. It was unthinkable one generation before: FDR's "forgotten man" siding with the party of Big Business and, ultimately, paving the way for presidencies from Ronald Reagan to Donald Trump. This is the story of the schism that tore liberalism apart. In this riveting story- rooted in meticulous research, including thousands of pages of never-before-seen records- we go back to a harrowing day that explains the politics of today. We experience an emerging class conflict between two newly polarized Americas,m and how it all boiled over on one brutal day, when the Democratic Part's future was bludgeoned by its past."--
Where Our Protection Lies
Author: Dimitrios Kyritsis
Publisher: Oxford University Press
ISBN: 0199672253
Category : Law
Languages : en
Pages : 241
Book Description
In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature's important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.
Publisher: Oxford University Press
ISBN: 0199672253
Category : Law
Languages : en
Pages : 241
Book Description
In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature's important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.
Repugnant Laws
Author: Keith E. Whittington
Publisher: University Press of Kansas
ISBN: 0700630368
Category : Political Science
Languages : en
Pages : 432
Book Description
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Publisher: University Press of Kansas
ISBN: 0700630368
Category : Political Science
Languages : en
Pages : 432
Book Description
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.
Flag
Author: Marc Leepson
Publisher: Macmillan
ISBN: 1429906472
Category : History
Languages : en
Pages : 494
Book Description
Flag: An American Biography is a vivid narrative that uncovers little-known facts and sheds new light on the more than 200-year history of the American flag. The thirteen-stripe, fifty-star flag is as familiar an American icon as any that has existed in the nation's history. Yet the history of the flag, especially its origins, is cloaked in myth and misinformation. Flag: An American Biography rectifies that situation by presenting a lively, comprehensive, illuminating look at the history of the American flag from its beginnings to today. Journalist and historian Marc Leepson uncovers scores of little-known, fascinating facts as he traces the evolution of the American flag from the colonial period to the twenty-first century. Flag sifts through the historical evidence to--among many other things--uncover the truth behind the Betsy Ross myth and to discover the true designer of the Stars and Stripes. It details the many colorful and influential Americans who shaped the history of the flag. "Flag," as the novelist Nelson DeMille says in his preface, "is not a book with an agenda or a subjective point of view. It is an objective history of the American flag, well researched, well presented, easy to read and understand, and very informative and entertaining." "Our love for the flag may be incomprehensible to others, but at least we now have a comprehensive guide to its unfolding."--The Wall Street Journal
Publisher: Macmillan
ISBN: 1429906472
Category : History
Languages : en
Pages : 494
Book Description
Flag: An American Biography is a vivid narrative that uncovers little-known facts and sheds new light on the more than 200-year history of the American flag. The thirteen-stripe, fifty-star flag is as familiar an American icon as any that has existed in the nation's history. Yet the history of the flag, especially its origins, is cloaked in myth and misinformation. Flag: An American Biography rectifies that situation by presenting a lively, comprehensive, illuminating look at the history of the American flag from its beginnings to today. Journalist and historian Marc Leepson uncovers scores of little-known, fascinating facts as he traces the evolution of the American flag from the colonial period to the twenty-first century. Flag sifts through the historical evidence to--among many other things--uncover the truth behind the Betsy Ross myth and to discover the true designer of the Stars and Stripes. It details the many colorful and influential Americans who shaped the history of the flag. "Flag," as the novelist Nelson DeMille says in his preface, "is not a book with an agenda or a subjective point of view. It is an objective history of the American flag, well researched, well presented, easy to read and understand, and very informative and entertaining." "Our love for the flag may be incomprehensible to others, but at least we now have a comprehensive guide to its unfolding."--The Wall Street Journal