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Author: Steven H. Shiffrin
Publisher: Princeton University Press
ISBN: 1400822963
Category : Law
Languages : en
Pages : 219
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Book Description
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
Author: Steven H. Shiffrin
Publisher: Princeton University Press
ISBN: 1400822963
Category : Law
Languages : en
Pages : 219
Get Book Here
Book Description
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1107014239
Category : Law
Languages : en
Pages : 251
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Book Description
Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.
Author: Robert G. McCloskey
Publisher: University of Chicago Press
ISBN: 0226556832
Category : Law
Languages : en
Pages : 754
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Book Description
Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Author: Omar Swartz
Publisher: Peter Lang
ISBN: 9781433107313
Category : Language Arts & Disciplines
Languages : en
Pages : 192
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Book Description
In exploring how John Dewey's notion of a «creative democracy» can be cultivated and advanced through a heightened awareness of the ways in which communication shapes individuals and society, this book helps scholars, activists, and citizens to rethink commonly accepted notions of community in order to imagine new possibilities for social, political, and economic organization - in short, new ways of imagining solidarity and citizenship with others, especially those who languish outside the range of our moral radar.
Author: Austin Sarat
Publisher: University of Michigan Press
ISBN: 047202552X
Category : Law
Languages : en
Pages : 199
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Book Description
Dissent in Dangerous Times presents essays by six distinguished scholars, who provide their own unique views on the interplay of loyalty, patriotism, and dissent. While dissent has played a central role in our national history and in the American cultural imagination, it is usually dangerous to those who practice it, and always unpalatable to its targets. War does not encourage the tolerance of opposition at home any more than it does on the front: if the War on Terror is to be a permanent war, then the consequences for American political freedoms cannot be overestimated. "Dissent in Dangerous Times examines the nature of political repression in liberal societies, and the political and legal implications of living in an environment of fear. This profound, incisive, at times even moving volume calls upon readers to think about, and beyond, September 11, reminding us of both the fragility and enduring power of freedom." --Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School. Contributors to this volume Lauren Berlant Wendy Brown David Cole Hugh Gusterson Nancy L. Rosenblum Austin Sarat
Author: Yale Law Journal
Publisher: Quid Pro Books
ISBN: 1610278798
Category : Law
Languages : en
Pages : 497
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Book Description
The April 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. An extensive Feature explores the idea of Federalism as the New Nationalism, with contributions by Jessica Bulman-Pozen ("From Sovereignty and Process to Administration and Politics: The Afterlife of American Federalism"), Heather Gerken ("An Overview," "The Loyal Opposition"), Abbe Gluck ("Our [National] Federalism"), Alison LaCroix ("The Shadow Powers of Article I"), and Cristina Rodríguez ("Negotiating Conflict Through Federalism: Institutional and Popular Perspectives"). The issue serves, in effect, as a new and detailed book on new concepts and practices of U.S. federalism. In addition, the issue includes these contributions from scholars and students: • Article, "The Power to Threaten War," by Matthew C. Waxman • Essay, "Five to Four: Why Do Bare Majorities Rule on Courts?" by Jeremy Waldron • Note, "Dignity as a Value in Agency Cost-Benefit Analysis," by Rachel Bayefsky • Note, "Early Release in International Criminal Law," by Jonathan Choi • Note, "Ex Ante Review of Leveraged Buyouts," by Laura Femino • Comment, "Innocent Abroad? Morrison, Vilar, and the Extraterritorial Application of the Exchange Act," by Daniel Herz-Roiphe Quality ebook edition features linked notes, active Contents, active URLs in notes, proper Bluebook formatting, and full presentation of original tables and images. This April 2014 issue is Volume 123, Number 6.
Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1139487736
Category : Law
Languages : en
Pages :
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Book Description
Rather than abstract philosophical discussion or yet another analysis of legal doctrine, Speech and Silence in American Law seeks to situate speech and silence, locating them in particular circumstances and contexts and asking how context matters in facilitating speech or demanding silence. To understand speech and silence we have to inquire into their social life and examine the occasions and practices that call them forth and that give them meaning. Among the questions addressed in this book are: who is authorized to speak? And what are the conditions that should be attached to the speaking subject? Are there occasions that call for speech and others that demand silence? What is the relationship between the speech act and the speaker? Taking these questions into account helps readers understand what compels speakers and what problems accompany speech without a known speaker, allowing us to assess how silence speaks and how speech renders the silent more knowable.
Author: Ronald K. L. Collins
Publisher: Cambridge University Press
ISBN: 1107067065
Category : Law
Languages : en
Pages : 201
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Book Description
America values dissent. It tolerates, encourages and protects it. But what is this thing we value? That is a question never asked. 'Dissent' is treated as a known fact. For all that has been said about it - in books, articles, judicial opinions, and popular culture - it is remarkable that no one has devoted much, if any, ink to explaining what dissent is. No one has attempted to sketch its philosophical, linguistic, legal or cultural meanings or usages. There is a need to develop some clarity about this phenomenon, for not every difference of opinion, symbolic gesture, public activity in opposition to government policy, incitement to direct action, revolutionary effort or political assassination need be tagged dissent. In essence, we have no conceptual yardstick. It is just that measure of meaning that On Dissent offers.
Author: Steven J. Heyman
Publisher: Yale University Press
ISBN: 0300148224
Category : Political Science
Languages : en
Pages : 318
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Book Description
Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaultin
Author: Susan Dente Ross
Publisher: Routledge
ISBN: 1135620148
Category : Language Arts & Disciplines
Languages : en
Pages : 1050
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Book Description
This clearly written and well-focused volume combines concise decisions of the primary areas of communication law with the foundational case decisions in those domains. Thus, in one volume, students of communication law, constitutional law, political science, and related fields find both the key rulings that define each area of law and a detailed summary of the legal concepts, doctrines, and policies so vital to understanding the rulings within their legal context. The text forgoes the tendency to provide encyclopedic treatment of all the relevant cases and focuses instead on the two or three cases most vital to an accurate and informed understanding of the current state of each field of communication law. The chapters provide readers with the most salient concepts and the necessary depth to understand the law while permitting most reading time to be directed to the law itself. Full-text rulings allow readers to immerse themselves in the law itself--to develop a feel for its complexity, its flexibility, and its language. Useful as a quick reference to the landmark rulings and the jurisprudence of communication law, this book also serves well as the primary text in related undergraduate courses or as a supplemental text in graduate classes in the field.
