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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 52
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 52
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Book Description
Author: Ronald K. L. Collins
Publisher: Rowman & Littlefield
ISBN: 1538125900
Category : History
Languages : en
Pages : 217
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Book Description
Lawrence Ferlinghetti’s name does not appear in any First Amendment treatise or casebook. And yet when the best-selling poet and proprietor of City Lights Books was indicted under California law for publishing and selling Allen Ginsberg’s poem, Howl, Ferglinghetti buttressed the tradition of dissident expression and ended an era when minds were still closed, candid literature still taboo, and when selling banned books was considered a crime. The People v. Ferlinghetti is the story of a rebellious poet, a revolutionary poem, an intrepid book publisher, and a bookseller unintimidated by federal or local officials. There is much color in that story: the bizarre twists of the trial, the swagger of the lead lawyer, the savvy of the young ACLU lawyer, and the surprise verdict of the Sunday school teacher who presided as judge. With a novelist’s flair, noted free speech authorities, Ronald K. L. Collins and David Skover tell the true story of an American maverick who refused to play it safe and who in the process gave staying power to freedom of the press in America. The People v. Ferlinghetti will be of interest to anyone interested the history of free speech in America and the history of the Beat poets.
Author: Frederick F. Schauer
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 488
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Book Description
Author: Melvin I. Urofsky
Publisher: Vintage
ISBN: 110187063X
Category : Law
Languages : en
Pages : 545
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Book Description
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Author: Allen Ginsberg
Publisher: Harper Collins
ISBN: 0061137456
Category : Poetry
Languages : en
Pages : 210
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Book Description
First published in 1956, Allen Ginsberg's Howl is a prophetic masterpiece—an epic raging against dehumanizing society that overcame censorship trials and obscenity charges to become one of the most widely read poems of the century. This annotated version of Ginsberg's classic is the poet's own re-creation of the revolutionary work's composition process—as well as a treasure trove of anecdotes, an intimate look at the poet's writing techniques, and a veritable social history of the 1950s.
Author: Bill Morgan
Publisher: City Lights Books
ISBN: 0872868451
Category : Literary Criticism
Languages : en
Pages : 244
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Book Description
To celebrate the 50th anniversary of Howl and Other Poems, with nearly one million copies in print, City Lights presents the story of editing, publishing and defending Allen Ginsberg’s landmark poem within a broader context of obscenity issues and censorship of literary works. This collection begins with an introduction by publisher Lawrence Ferlinghetti, who shares his memories of hearing Howl first read at the 6 Gallery, of his arrest and of the subsequent legal defense of Howl’s publication. Never-before-published correspondence of Ginsberg, Ferlinghetti, Kerouac, Gregory Corso, John Hollander, Richard Eberhart and others provides an in-depth commentary on the poem’s ethical intent and its social significance to the author and his contemporaries. A section on the public reaction to the trial includes newspaper reportage, op-ed pieces by Ginsberg and Ferlinghetti and letters to the editor from the public, which provide fascinating background material on the cultural climate of the mid-1950s. A timeline of literary censorship in the United States places this battle for free expression in a historical context. Also included are photographs, transcripts of relevant trial testimony, Judge Clayton Horn’s decision and its ramifications and a long essay by Albert Bendich, the ACLU attorney who defended Howl on constitutional grounds. Editor Bill Morgan discusses more recent challenges to Howl in the late 1980s and how the fight against censorship continues today in new guises.
Author: Tom Ginsburg
Publisher: University of Chicago Press
ISBN: 022656438X
Category : Law
Languages : en
Pages : 306
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Book Description
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author: John Cleland
Publisher:
ISBN:
Category :
Languages : en
Pages : 318
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Book Description
Author: Herbert Packer
Publisher: Stanford University Press
ISBN: 9780804780797
Category : Social Science
Languages : en
Pages : 404
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Book Description
The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.
Author: Marjorie Heins
Publisher: Hill & Wang
ISBN: 9780809073993
Category : Performing Arts
Languages : en
Pages : 402
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Book Description
An exploration of the history of "indecency" laws and other restrictions aimed at protecting youth ranges from Plato's argument for censorship to modern battles over sex education in the schools and violence in the media.
