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Author: Richard Delgado
Publisher:
ISBN:
Category :
Languages : en
Pages : 26
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Book Description
Under the influence of radical feminism and critical race theory, the last remnant of 1890s mechanical jurisprudence is beginning to give way to a view of speech that is flexible, policy-sensitive, and mindful of communication theory, politics, and setting. Steven Shiffrin's Dissent, Injustice, and the Meanings of America is a welcome addition to this emerging quot;First Amendment legal realismquot; vein of scholarship.This Review begins in Part I by outlining Shiffrin's book, paying particular attention to its principal themes of flexibility of analysis on the procedural side and encouragement of citizen participation and dissent on the substantive side. As Part II will make plain, an interpretation of First Amendment law that places dissent at its center and protects speech insofar as it takes the form of dissent offers a vital corrective to social apathy and domination by big corporations. Nevertheless, any approach to free speech law that emphasizes (even flexibly) a single variable has overtones of the old formalist approach and is apt to work injustice in certain cases. In particular, Part II, which focuses on Shiffrin's treatment of hate speech, shows that, although he comes to the correct general conclusion by way of his dissent-based approach, Shiffrin loses nuance by framing the problem in that fashion. Part III outlines additional features that future realist analysis should consider. Part IV draws on all of the above to posit a number of practical solutions to the problem of regulating hate speech. The book review concludes with some lessons that realist First Amendment scholars should draw from Shiffrin's book, both from its formidable strengths as well as from its occasional lapses.
Author: Richard Delgado
Publisher:
ISBN:
Category :
Languages : en
Pages : 26
Get Book Here
Book Description
Under the influence of radical feminism and critical race theory, the last remnant of 1890s mechanical jurisprudence is beginning to give way to a view of speech that is flexible, policy-sensitive, and mindful of communication theory, politics, and setting. Steven Shiffrin's Dissent, Injustice, and the Meanings of America is a welcome addition to this emerging quot;First Amendment legal realismquot; vein of scholarship.This Review begins in Part I by outlining Shiffrin's book, paying particular attention to its principal themes of flexibility of analysis on the procedural side and encouragement of citizen participation and dissent on the substantive side. As Part II will make plain, an interpretation of First Amendment law that places dissent at its center and protects speech insofar as it takes the form of dissent offers a vital corrective to social apathy and domination by big corporations. Nevertheless, any approach to free speech law that emphasizes (even flexibly) a single variable has overtones of the old formalist approach and is apt to work injustice in certain cases. In particular, Part II, which focuses on Shiffrin's treatment of hate speech, shows that, although he comes to the correct general conclusion by way of his dissent-based approach, Shiffrin loses nuance by framing the problem in that fashion. Part III outlines additional features that future realist analysis should consider. Part IV draws on all of the above to posit a number of practical solutions to the problem of regulating hate speech. The book review concludes with some lessons that realist First Amendment scholars should draw from Shiffrin's book, both from its formidable strengths as well as from its occasional lapses.
Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 9780521655378
Category : History
Languages : en
Pages : 426
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Book Description
Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.
Author: Richard Delgado
Publisher: Routledge
ISBN: 1317256921
Category : Social Science
Languages : en
Pages : 444
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Book Description
This book offers the best and most influential writings of Richard Delgado, one of the founding figures of the critical race theory movement and one of the earliest scholars to address the harms of hate speech. With excerpts from his classic law review articles, conversations with his famous alter ego Rodrigo Crenshaw, and comments on the vicissitudes of academic life, this book spans topics such as hate speech, affirmative action, the war on terror, the endangered status of black men, and the place of Latino/as in the civil rights equation.
Author: Mark G. Yudof
Publisher: Univ of California Press
ISBN: 0520261755
Category : History
Languages : en
Pages : 343
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Book Description
Government's ever-increasing participation in communication processes, Mark Yudof argues, threatens key democratic values that the First Amendment was designed to protect. Government control over the exchange of ideas and information would be inconsistent with citizen autonomy, informed consent, and a balanced and mutually responsive relationship between citizens and their government. Yet the danger of government dominance must be weighed against the necessary role of government in furthering democratic values by proposing and promotion policies and by disseminating information and educating citizens. Restraints on government's ability to control communications processes are desirable, but excessive or inappropriate restrictions threaten democracy. Professor Yudof identifies a number of formal and informal checks on government as disseminator, withholder, and controller of ideas and information. Where more controls are needed, the strengthening of pluralism and legislative oversight is generally the answer. Constitutional redress in the courts should be sought only in extreme instances, he cautions, to avoid judicial interference with legitimate policy objectives.
Author: Mark A. Graber
Publisher: Univ of California Press
ISBN: 0520913132
Category : Political Science
Languages : en
Pages : 351
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Book Description
Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.
Author: Richard Delgado
Publisher: Routledge
ISBN: 0429971907
Category : Social Science
Languages : en
Pages : 252
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Book Description
Written by leading critical race theorists Richard Delgado and Jean Stefancic, this volume succinctly explores a host of issues presented by hate speech, including legal theories for regulating it, the harms it causes, and policy arguments, pro and con, suppressing it. Chapters analyze hate speech on campus, hate speech against whites, the history
Author: Steven D. Jamar
Publisher: Cambridge University Press
ISBN: 1108652999
Category : Law
Languages : en
Pages : 1019
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Book Description
Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
Author: Thomas Irwin Emerson
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 268
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Book Description
Author: Laura Kalman
Publisher: UNC Press Books
ISBN: 1469620758
Category : History
Languages : en
Pages : 277
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Book Description
For more than one hundred years, Harvard's use of the case method of appellate opinions dominated legal education. Deploring the attempt to reduce law to an autonomous system of rules and principles, the realists at Yale developed a functional approach to the discipline--one that stressed the factual context of the case rather than the legal principles it raised, one that attempted to address issues of social policy by integrating law with the social sciences. Originally published 1986. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author: Richard Delgado
Publisher: NYU Press
ISBN: 0814744052
Category : Law
Languages : en
Pages : 235
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Book Description
The status of civil rights in the United States today is as volatile an issue as ever, with many Americans wondering if new laws, implemented after the events of September 11, restrict more people than they protect. How will efforts to eradicate racism, sexism, and xenophobia be affected by the measures our government takes in the name of protecting its citizens? Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest book in the award-winning Rodrigo Chronicles. Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war. In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.
