Author: Paul Horwitz
Publisher: Harvard University Press
ISBN: 0674070925
Category : Law
Languages : en
Pages : 490
Book Description
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.
First Amendment Institutions
Author: Paul Horwitz
Publisher: Harvard University Press
ISBN: 0674070925
Category : Law
Languages : en
Pages : 490
Book Description
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.
Publisher: Harvard University Press
ISBN: 0674070925
Category : Law
Languages : en
Pages : 490
Book Description
Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.
The First Amendment on Campus
Author: Lee Elizabeth Bird
Publisher:
ISBN: 9780931654466
Category : College students
Languages : en
Pages : 228
Book Description
"This book presents advice and guidance based on previous court cases and the experience of administrators and campus hearing officers who have dealt with difficult First Ammendment issues and lived to tell about it" -- P. 2.
Publisher:
ISBN: 9780931654466
Category : College students
Languages : en
Pages : 228
Book Description
"This book presents advice and guidance based on previous court cases and the experience of administrators and campus hearing officers who have dealt with difficult First Ammendment issues and lived to tell about it" -- P. 2.
How Rights Went Wrong
Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
What is Wrong with the First Amendment?
Author: Steven H. Shiffrin
Publisher: Cambridge University Press
ISBN: 1107160960
Category : Law
Languages : en
Pages : 241
Book Description
This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
Publisher: Cambridge University Press
ISBN: 1107160960
Category : Law
Languages : en
Pages : 241
Book Description
This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
Free Speech on Campus
Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300231865
Category : Political Science
Languages : en
Pages : 216
Book Description
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
Publisher: Yale University Press
ISBN: 0300231865
Category : Political Science
Languages : en
Pages : 216
Book Description
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
The Soul of the First Amendment
Author: Floyd Abrams
Publisher: Yale University Press
ISBN: 0300190883
Category : Law
Languages : en
Pages : 170
Book Description
A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
Publisher: Yale University Press
ISBN: 0300190883
Category : Law
Languages : en
Pages : 170
Book Description
A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
Advertising and Commercial Speech
Author: Steven G. Brody
Publisher: Practising Law Inst
ISBN: 9781402404511
Category : Law
Languages : en
Pages : 805
Book Description
Advertising and Commercial Speech: A First Amendment Guide gives you the authoritative answers. Written by First Amendment experts, it examines the origin, meaning, and legal evolution of the Supreme Court's commercial speech doctrine, focusing on how this central doctrine's rights and restrictions affect advertising in nearly 50 industries and professions.
Publisher: Practising Law Inst
ISBN: 9781402404511
Category : Law
Languages : en
Pages : 805
Book Description
Advertising and Commercial Speech: A First Amendment Guide gives you the authoritative answers. Written by First Amendment experts, it examines the origin, meaning, and legal evolution of the Supreme Court's commercial speech doctrine, focusing on how this central doctrine's rights and restrictions affect advertising in nearly 50 industries and professions.
Rights of Students
Author: David L. Hudson
Publisher: Infobase Publishing
ISBN: 143810619X
Category : Electronic books
Languages : en
Pages : 113
Book Description
Is it fair to restrict certain students' rights in order to make schools safer?
Publisher: Infobase Publishing
ISBN: 143810619X
Category : Electronic books
Languages : en
Pages : 113
Book Description
Is it fair to restrict certain students' rights in order to make schools safer?
Our Democratic First Amendment
Author: Ashutosh Bhagwat
Publisher: Cambridge University Press
ISBN: 1108583423
Category : Law
Languages : en
Pages : 179
Book Description
The First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today's world? In this highly readable account, Ashutosh Bhagwat explores the answers to these questions. The first part of the book looks at the history of the First Amendment, early political conflicts over its meaning, and the lessons to be learned from those events about the nature of our system of government. The second part applies those lessons to our modern, fractious democracy as it has evolved in the age of the Internet and social media. Now as then, the key to maintaining that democracy, it turns out, is an active citizenry that fully embraces the First Amendment.
Publisher: Cambridge University Press
ISBN: 1108583423
Category : Law
Languages : en
Pages : 179
Book Description
The First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today's world? In this highly readable account, Ashutosh Bhagwat explores the answers to these questions. The first part of the book looks at the history of the First Amendment, early political conflicts over its meaning, and the lessons to be learned from those events about the nature of our system of government. The second part applies those lessons to our modern, fractious democracy as it has evolved in the age of the Internet and social media. Now as then, the key to maintaining that democracy, it turns out, is an active citizenry that fully embraces the First Amendment.
The First Amendment and LGBT Equality
Author: Carlos A. Ball
Publisher: Harvard University Press
ISBN: 0674972198
Category : History
Languages : en
Pages : 363
Book Description
Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.
Publisher: Harvard University Press
ISBN: 0674972198
Category : History
Languages : en
Pages : 363
Book Description
Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.