Anita Whitney, Louis Brandeis, and the First Amendment PDF Download
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Author: Haig A. Bosmajian
Publisher: Fairleigh Dickinson Univ Press
ISBN: 0838642675
Category : History
Languages : en
Pages : 205
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Book Description
Author: Haig A. Bosmajian
Publisher: Fairleigh Dickinson Univ Press
ISBN: 0838642675
Category : History
Languages : en
Pages : 205
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Book Description
Author: Philippa Strum
Publisher: University Press of Kansas
ISBN: 0700621350
Category : Law
Languages : en
Pages : 200
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Book Description
Anita Whitney was a child of wealth and privilege who became a vocal leftist early in the twentieth century, supporting radical labor groups such as the Wobblies and helping to organize the Communist Labor Party. In 1919 she was arrested and charged with violating California's recently passed laws banning any speech or activity intended to change the American political and economic systems. The story of the Supreme Court case that grew out of Whitney's conviction, told in full in this book, is also the story of how Americans came to enjoy the most liberal speech laws in the world. In clear and engaging language, noted legal scholar Philippa Strum traces the fateful interactions of Whitney, a descendant of Mayflower Pilgrims; Supreme Court Justice Louis D. Brandeis, a brilliant son of immigrants; the teeming immigrant neighborhoods and left wing labor politics of the early twentieth century; and the lessons some Harvard Law School professors took from World War I–era restrictions on speech. Though the Supreme Court upheld Whitney's conviction, it included an opinion by Justice Brandeis—joined by Justice Oliver Wendell Holmes, Jr.—that led to a decisive change in the way the Court understood First Amendment free speech protections. Speaking Freely takes us into the discussions behind this dramatic change, as Holmes, Brandeis, Judge Learned Hand, and Harvard Law professors Zechariah Chafee and Felix Frankfurter debate the extent of the First Amendment and the important role of free speech in a democratic society. In Brandeis's opinion, we see this debate distilled in a statement of the value of free speech and the harm that its suppression does to a democracy, along with reflections on the importance of freedom from government control for the founders and the drafters of the First Amendment. Through Whitney v. California and its legacy, Speaking Freely shows how the American approach to speech, differing as it does that of every other country, reflects the nation's unique history. Nothing less than a primer in the history of free speech rights in the US, the book offers a sobering and timely lesson as fear once more raises the specter of repression.
Author: KROTOSZYNSKI
Publisher: Aspen Publishing
ISBN: 1543826687
Category : Law
Languages : en
Pages : 1104
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties. The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court's decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students' mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including "low value" speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage - including coverage of the Supreme Court's major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the "Lemon," "endorsement," "coercion," and "history and tradition" tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions
Author: Anthony Lewis
Publisher: ReadHowYouWant.com
ISBN: 1458758389
Category : History
Languages : en
Pages : 262
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Book Description
More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
Author: Jonathan Turley
Publisher: Simon and Schuster
ISBN: 1668047047
Category : Law
Languages : en
Pages : 432
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Book Description
A timely, revelatory look at freedom of speech—our most basic right and the one that protects all the others. Free speech is a human right, and the free expression of thought is at the very essence of being human. The United States was founded on this premise, and the First Amendment remains the single greatest constitutional commitment to the right of free expression in history. Yet there is a systemic effort to bar opposing viewpoints on subjects ranging from racial discrimination to police abuse, from climate change to gender equity. These measures are reinforced by the public’s anger and rage; flash mobs appear today with the slightest provocation. We all lash out against anyone or anything that stands against our preferred certainty. The Indispensable Right places the current attacks on free speech in their proper historical, legal, and political context. The Constitution and the Bill of Rights were not only written for times like these, but in a time like this. This country was born in an age of rage and for 250 years we have periodically lost sight of the value of free expression. The history of the struggle for free speech is the story of extraordinary people—nonconformists who refuse to yield to abusive authority—and here is a mosaic of vivid characters and controversies. Jonathan Turley takes you through the figures and failures that have shaped us and then shows the unique dangers of our current moment. The alliance of academic, media, and corporate interests with the government’s traditional wish to control speech has put us on an almost irresistible path toward censorship. The Indispensable Right reminds us that we remain a nation grappling with the implications of free expression and with the limits of our tolerance for the speech of others. For rather than a political crisis, this is a crisis of faith.
Author: Robert W. Cherny
Publisher: University of Illinois Press
ISBN: 025205671X
Category : History
Languages : en
Pages : 474
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Book Description
Founded in 1919, the Communist Party (CP) in San Francisco survived an ineffectual early period to become a force in the trade union heyday of the 1930s. Robert Cherny uses the lives and careers of more than fifty members to tell the story of the city’s CP from its founding through 1958. Cherny draws on FBI files, the records of the CP at the Russian State Archive for Social and Political History, interviews, and memoirs to follow male and female party and union leaders, rank-and-file members, and others. His history reveals why people joined the CP while charting the frequent changes in policy, constant member turnover, and disruptive factionalism that limited party aims and successes. Cherny also follows his subjects through their resignations, expulsions, or other reasons for departure and looks at the CP’s influence on their lives in subsequent years. Vivid and exhaustively researched, San Francisco Reds is a long view account of the personal motivations and activism of an Old Left generation in a West Coast city.
Author: Ronald J. Krotoszynski
Publisher: Aspen Publishing
ISBN: 154381722X
Category : Law
Languages : en
Pages : 1407
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Book Description
This book is about sex offenders. Whereas most books will focus on either sex crimes or sexual deviance, this book examines the entire etiology of sex crimes. This includes discussions of the nature of sex crimes, sexual deviance, and, maybe most importantly, the processing of sex offenders through the criminal justice system. This includes sex offender interactions with law enforcement, the courts, and corrections. Corrections for sex offenders encompasses a myriad of programs: prison, sex offender registration and notification, civil commitments, residence restrictions, and treatment. One unique aspect of this book is its focus on criminal justice system’s treatment of sex offenders, given scant if any coverage in other books. The book also emphasizes two of the most common sex crimes, rape and sex offenses against children, and addresses the impact of sex crimes on victims. In sum, this book offers a comprehensive approach to the study of sex offenders.
Author: Ellis Cose
Publisher: HarperCollins
ISBN: 0062999737
Category : Political Science
Languages : en
Pages : 176
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Book Description
Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.
Author: Ann Larabee
Publisher: Oxford University Press
ISBN: 0190201193
Category : Social Science
Languages : en
Pages : 261
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Book Description
"[A] valuable account ... The Wrong Hands brilliantly guides us through [the] challenges to American democracy." -Howard P. Segal, Times Higher Education Gun ownership rights are treated as sacred in America, but what happens when dissenters moved beyond firearm possession into the realm of high explosives? How should the state react? Ann Larabee's The Wrong Hands, a remarkable history of do-it-yourself weapons manuals from the late nineteenth century to the recent Boston Marathon bombing, traces how efforts to ferret out radicals willing to employ ever-more violent methods fueled the growth of the American security state. But over time, the government's increasingly forceful targeting of violent books and ideas-not the weapons themselves-threatened to undermine another core American right: free expression. In the 1886 Haymarket Square bombing, a new form of revolutionary violence that had already made its mark in Europe arrived in the United States. At the subsequent trial, the judge allowed into evidence Johann Most's infamous The Science of Revolutionary Warfare, which allegedly served as a cookbook for the accused. Most's work was the first of a long line of explosive manuals relied on by radicals. By the 1960s, small publishers were drawing from publicly available US military sources to produce works that catered to a growing popular interest in DIY weapons making. The most famous was The Anarchist Cookbook (1971), which soon achieved legendary status-and a lasting presence in the courts. Even novels, such as William Pierce's The Turner Diaries, have served as evidence in prosecutions of right-wing radicals. More recently, websites explaining how to make all manner of weapons, including suicide vests, have proliferated. The state's right to police such information has always hinged on whether the disseminators have legitimate First Amendment rights. Larabee ends with an analysis of the 1979 publication of instructions for making a nuclear weapon, which raises the ultimate question: should a society committed to free speech allow a manual for constructing such a weapon to disseminate freely? Both authoritative and eye-opening, The Wrong Hands will reshape our understanding of the history of radical violence and state repression in America.
Author: Kelly L. Marino
Publisher: NYU Press
ISBN: 1479825190
Category : Education
Languages : en
Pages : 286
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Book Description
"This book explores the College Equal Suffrage League's work to advance the campaign for the Nineteenth Amendment, and the woman suffrage activism of students and alumni at colleges, universities, and cities across the United States"--
