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Author: Michael D. McNally
Publisher: Princeton University Press
ISBN: 0691190909
Category : History
Languages : en
Pages : 400
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Book Description
"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
Author: Michael D. McNally
Publisher: Princeton University Press
ISBN: 0691190909
Category : History
Languages : en
Pages : 400
Get Book Here
Book Description
"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
Author: Sharan Newman
Publisher: Macmillan
ISBN: 113727865X
Category : History
Languages : en
Pages : 274
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Book Description
"A fresh and highly accessible history of the Holy Lands during the Middle Ages, revealing a rich and diverse culture and the fight to save Jerusalem from the Crusaders"--
Author: Eric B. Easton
Publisher: Vandeplas Pub.
ISBN: 9781600421822
Category : Law
Languages : en
Pages : 0
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Book Description
Mobilizing the Press examines the role of the press in constitutional litigation before the United States Supreme Court to shape the First Amendment doctrine that forms the legal environment in which journalists operate. The book shows that the Court has consistently ruled in favor of the press's interpretation of the First Amendment on publishing issues such as prior restraints, libel, and privacy, but has not been persuaded that the First Amendment protects newsgathering, as in reporters' privilege, cameras in courtrooms, and ride-along cases. The book focuses on three important case studies and surveys the evolution of constitutional press law before and between the case studies. It demonstrates how the institutional press has played a significant, if not always decisive, role in that evolution. Eric B. Easton is Professor of Law at the University of Baltimore School of Law, where he has taught Communications Law, Legal Writing, and other subjects for 20 years. Before joining the UB faculty, he taught Media Law, Reporting, and Editing at Loyola University-Maryland. He has also taught Comparative Media Law at the University of Aberdeen, Scotland, and Copyright and Constitutional Law at Shandong University, China, and Comparative Cyberlaw at the University of Curacao. He has been a visiting scholar at the Journalism Institute of the Chinese Academy of Social Sciences in Beijing. Before joining the academy, Professor Easton was a professional journalist for more than 20 years. He currently serves as editor of the scholarly Journal of Media Law & Ethics and as a member of the editorial advisory board of The Daily Record, Maryland's business and legal newspaper. Professor Easton holds a B.S. from the Medill School of Journalism, Northwestern University, a J.D. from the Francis King Carey School of Law, University of Maryland-Baltimore, and a Ph.D. from the Philip Merrill College of Journalism, University of Maryland-College Park. He has authored more than 15 law review articles and delivered a similar number of academic presentations in this country and overseas. He was also the general editor of the second edition of the American Bar Association's Sourcebook on Legal Writing Programs."
Author: Joseph Russomanno
Publisher: Routledge
ISBN: 1135613702
Category : Language Arts & Disciplines
Languages : en
Pages : 393
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Book Description
Defending the First provides a collection of new perspectives on the First Amendment in legal and communication contexts. Editor Joseph Russomanno brings together a roster of major figures who have participated in the shaping of First Amendment law over the past 30 years. Readers are taken into a realm of personal experience and analysis through the stories of these attorneys at the forefront of the battle to defend the "First." The contributors to this volume--all of whom have argued cases before the Supreme Court--tell about their experiences appearing before the highest court in the United States. Some write many years after being there, while others offer insights from a more recent vantage point. One Supreme Court Attorney offers a historical analysis of a case replete with a variety of First Amendment issues. This work contributes to a deeper understanding of First Amendment issues and the types of expression that the First Amendment protects, and why these rights must be protected. In addition, it provides readers with the unique perspective of those who have been on the front lines of some of the most important and influential cases in this era. The challenges of presenting an argument in this venue become clear, and it is evident that understanding one's own case, its lineage, and its likely impact all become part of the formula for success. This distinctive collection provides personal and compelling insights into the making of communication law, and it will be engaging reading for students in communication law courses. It will also appeal to any reader interested in First Amendment law.
Author: Ronald K.L. Collins
Publisher: Top Five Books LLC
ISBN: 1938938410
Category : Law
Languages : en
Pages : 508
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Book Description
First Things First is a college coursebook like no other. Written by three First Amendment experts and professors, the book provides students with the fundamentals of modern American free speech law in a clear, concise, and accessible manner. First Things First also introduces readers to First Amendment issues related to topics such as student speech, freedom of the press, civil rights, LGBTQ rights, advertising, music censorship, and artificial intelligence. The text includes scores of audio and video links, photographs, and helpful study-aid summaries and questions. First Things First’s vibrant and engaging tone ensures readers will leave this book with a dynamic understanding of their rights and the value of free speech. “First Things First sets the standard for teaching free speech law.… It combines clearly-written case narratives with frequent excursions to a rich trove of other online material—including video and audio files—that provide additional legal and historical context.” —Stephen D. Solomon (founding editor, First Amendment Watch) “With admirable clarity and brevity, First Things First covers the field of First Amendment law and theory in a readable and accessible way.… This innovative book explains not just the fundamentals of First Amendment law, but how we got to where we are, and why.” —Robert Corn-Revere (First Amendment lawyer) First Things First is a welcome addition to the course materials for students studying law, journalism, history, political science, government and a host of other disciplines. —Lucy A. Dalglish, dean and professor, Philip Merrill College of Journalism, University of Maryland First Things First is an incredibly insightful and inviting introduction to U.S. speech and press law. Its approach makes its content completely accessible to beginner and expert alike. But even better, its scores of online links to additional layers of material—including streaming audio and video—make this narrative and case-oriented resource like no other. In addition to teaching the law, the various elements help to reveal what it means to live in a free speech society. First Things First is made for the 21st century student—and professor. —Joseph Russomanno, Associate Professor, Arizona State University
Author: Richard Delgado
Publisher: NYU Press
ISBN: 1479887714
Category : Law
Languages : en
Pages : 181
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Book Description
A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Author: Matthew Flinders
Publisher: Oxford University Press
ISBN: 019964442X
Category : Political Science
Languages : en
Pages : 221
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Book Description
Citizens around the world have become distrustful of politicians, skeptical about democratic institutions, and disillusioned about the capacity of democratic politics to resolve pressing social concerns. Many feel as if something has gone seriously wrong with democracy. Those sentiments are especially high in the U.S. as the 2012 election draws closer. In 2008, President Barack Obama ran--and won--on a promise of hope and change for a better country. Four years later, that dream for hope and change seems to be waning by the minute. Instead, disillusionment grows with the Obama adminstration's achievements, or depending where you fall on the spectrum, its lack thereof. Defending Politics meets this contemporary pessimism about the political process head on. In doing so, it aims to cultivate a shift from the negativity that appears to dominate public life towards a more buoyant and engaged "politics of optimism." Matthew Flinders makes an unfashionable but incredibly important argument of utmost simplicity: democratic politics delivers far more than most members of the public appear to acknowledge and understand. If more and more people are disappointed with what modern democratic politics delivers, is it possible that the fault lies with those who demand too much, fail to acknowledge the essence of democratic engagement, and ignore the complexities of governing in the twentieth century? Is it possible that the public in many advanced liberal democracies have become "democratically decadent," that they take what democratic politics delivers for granted? Would politics appear in a better light if we all spent less time emphasizing our individual rights and more time reflecting on our responsibilities to society and future generations? Democratic politics remains "a great and civilizing human activity...something to be valued almost as a pearl beyond price," Bernard Crick stressed in his classic In Defense of Politics fifty years ago. By returning to and updating Crick's arguments, this book provides an honest account of why democratic politics matters and why we need to reject the arguments of those who would turn their backs on "mere politics" in favor of more authoritarian, populist or technocratic forms of governing.
Author: Richard Delgado
Publisher: NYU Press
ISBN: 0814721044
Category : Law
Languages : en
Pages : 240
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Book Description
In Must We Defend Nazis?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas as the prohibition against content regulation, the maxim that the cure for bad speech is more speech, and the speech/act distinction continue to reign, creating a system which fails to take account of the harms speech can cause to disempowered, marginalized people. Focusing on the issues of hate-speech and pornography, this volume examines the efforts of reformers to oblige society and law to take account of such harms. It contends that the values of free expression and equal dignity stand in reciprocal relation. Speech in any sort of meaningful sense requires equal dignity, equal access, and equal respect on the parts of all of the speakers in a dialogue; free speech, in other words, presupposes equality. The authors argue for a system of free speech which takes into account nuance, context-sensitivity, and competing values such as human dignity and equal protection of the law.
Author: Garet Garrett
Publisher: Caxton Press
ISBN: 9780870044335
Category : History
Languages : en
Pages : 292
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Book Description
These eloquent columns took the losing side in the most momentous foreign-policy debate of the 20th century: whether, and in what way, to take sides in World War II in Europe.
Author: Robert P. Doyle
Publisher:
ISBN: 9780838985472
Category : Banned Books Week
Languages : en
Pages : 0
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Book Description
From Back Cover of Book: Banned books: Challenging Our Freedom To Read provides a famework for understanding censorship and the protections guaranteed to us through the first amendment. Interpretations of the uniquely American notion of freedom of expression - and our freedom to read what we choose - are supplemented by straightforward, easily accessible information that will inspire further exploration. This updated and expanded 2010 edition features a new, streamlined design that will make this an essential reference you'll return to time and again. Contents include: Insight - the challenge of censorship; Interpretation - the first amendment, the freedom of expression, and the freedom to read; Information - first amendment timeline, court cases, glossary, bibliography and quotations; Ideas - celebration guide for banned books week and communication guide for librarians; Incidents - top ten challenged books of 2009 and challenged or banned books - more than 1800 titles listed alphabetically by author plus title, topical, and geographical indices.