The First Amendment in Cross-cultural Perspective

The First Amendment in Cross-cultural Perspective PDF Author: Ronald J. Krotoszynski
Publisher: NYU Press
ISBN: 0814747876
Category : Law
Languages : en
Pages : 318

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Book Description
The First Amendment—and its guarantee of free speech for all Americans—has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine. Ronald J. Krotoszynski, Jr., compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom—countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular—and largely American—assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.

The First Amendment in Cross-cultural Perspective

The First Amendment in Cross-cultural Perspective PDF Author: Ronald J. Krotoszynski
Publisher: NYU Press
ISBN: 0814747876
Category : Law
Languages : en
Pages : 318

Get Book Here

Book Description
The First Amendment—and its guarantee of free speech for all Americans—has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine. Ronald J. Krotoszynski, Jr., compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom—countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular—and largely American—assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.

The First Amendment in Cross-Cultural Perspective

The First Amendment in Cross-Cultural Perspective PDF Author: Ronald J. Krotoszynski Jr.
Publisher: NYU Press
ISBN: 0814748252
Category : Law
Languages : en
Pages : 317

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Book Description
The First Amendment—and its guarantee of free speech for all Americans—has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine. Ronald J. Krotoszynski, Jr., compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom—countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular—and largely American—assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.

Constitutional Engagement in a Transnational Era

Constitutional Engagement in a Transnational Era PDF Author: Vicki Jackson
Publisher: Oxford University Press
ISBN: 0199715467
Category : Law
Languages : en
Pages : 538

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Book Description
Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. This new environment is reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has changed - there are more bodies generating law, more international legal sources, and more multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution. Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.

Democracy of Expression

Democracy of Expression PDF Author: Andrew T. Kenyon
Publisher: Cambridge University Press
ISBN: 1108486169
Category : Law
Languages : en
Pages : 293

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Book Description
Drawing from multiple scholarly fields, Kenyon examines free speech's positive dimensions of enablement and how they can be pursued.

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.

Encyclopedia of Modern Political Thought (set)

Encyclopedia of Modern Political Thought (set) PDF Author: Gregory Claeys
Publisher: CQ Press
ISBN: 1506308368
Category : Reference
Languages : en
Pages : 943

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Book Description
This groundbreaking new work explores modern and contemporary political thought since 1750, looking at the thinkers, concepts, debates, issues, and national traditions that have shaped political thought from the Enlightenment to post-modernism and post-structuralism. Encyclopedia of Modern Political Thought is two-volume A to Z reference that provides historical context to the philosophical issues and debates that have shaped attitudes toward democracy, citizenship, rights, property, duties, justice, equality, community, law, power, gender, race, and legitimacy over the last three centuries. It profiles major and minor political thinkers, and the national traditions, both Western and non-Western, which continue to shape and divide political thought. More than 200 scholars from leading international research institutions and organizations have provided signed entries that offer comprehensive coverage of: Thought of regions and countries, including African political thought, American political thought , Australasian political thought (Australian and New Zealand), Chinese political thought, Indian political thought, Islamic political Thought, Japanese political thought, and more Thought regarding contemporary issues such as abortion, affirmative action, animal rights, European integration, feminism, humanitarian intervention, international law, race and racism, and more The ideological spectrum from Marxism to neoconservatism, including anarchism, conservatism, Darwinism and Social Darwinism, Engels, fascism, the Frankfurt School, Lenin and Leninism, socialism, and more Connections of political thought to key areas of politics and other disciplines such as economics, psychology, law, and religion Notable time periods of political thought since 1750 Concepts including class, democratic theory, liberalism, nationalism, natural and human rights, and theories of the state Theorists and political intellectuals, both Western and non-Western including John Adams, Edmund Burke, Mohandas Gandhi, Immanuel Kant, Ayatollah Khomeini, Ernst Friedrich Schumacher, George Washington, and Mary Wollstonecraft

Research Handbook on EU Internet Law

Research Handbook on EU Internet Law PDF Author: Andrej Savin
Publisher: Edward Elgar Publishing
ISBN: 1782544178
Category : Law
Languages : en
Pages : 643

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Book Description
This innovative book provides an overview of the latest developments and controversies in European Internet law. It is grouped in sections that correspond to the most disputed areas, looking consecutively at policy and governance, copyright, private in

Dissenting Voices in American Society

Dissenting Voices in American Society PDF 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.

The SAGE Encyclopedia of Journalism

The SAGE Encyclopedia of Journalism PDF Author: Gregory A. Borchard
Publisher: SAGE Publications
ISBN: 1544391188
Category : Language Arts & Disciplines
Languages : en
Pages : 3312

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Book Description
Journalism permeates our lives and shapes our thoughts in ways that we have long taken for granted. Whether it is National Public Radio in the morning or the lead story on the Today show, the morning newspaper headlines, up-to-the-minute Internet news, grocery store tabloids, Time magazine in our mailbox, or the nightly news on television, journalism pervades our lives. The Encyclopedia of Journalism covers all significant dimensions of journalism, such as print, broadcast, and Internet journalism; U.S. and international perspectives; and history, technology, legal issues and court cases, ownership, and economics. The encyclopedia will consist of approximately 500 signed entries from scholars, experts, and journalists, under the direction of lead editor Gregory Borchard of University of Nevada, Las Vegas.

Encyclopedia of Global Studies

Encyclopedia of Global Studies PDF Author: Helmut K. Anheier
Publisher: SAGE Publications
ISBN: 1506338224
Category : Political Science
Languages : en
Pages : 2800

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Book Description
"With all entries followed by cross-references and further reading lists, this current resource is ideal for high school and college students looking for connecting ideas and additional sources on them. The work brings together the many facets of global studies into a solid reference tool and will help those developing and articulating an ideological perspective." — Library Journal The Encyclopedia of Global Studies is the reference work for the emerging field of global studies. It covers both transnational topics and intellectual approaches to the study of global themes, including the globalization of economies and technologies; the diaspora of cultures and dispersion of peoples; the transnational aspects of social and political change; the global impact of environmental, technological, and health changes; and the organizations and issues related to global civil society. Key Themes: • Global civil society • Global communications, transportation, technology • Global conflict and security • Global culture, media • Global demographic change • Global economic issues • Global environmental and energy issues • Global governance and world order • Global health and nutrition • Global historical antecedents • Global justice and legal issues • Global religions, beliefs, ideologies • Global studies • Identities in global society Readership: Students and academics in the fields of politics and international relations, international business, geography and environmental studies, sociology and cultural studies, and health.