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Author: William Lowell Putnam
Publisher: Light Technology Publishing
ISBN: 162233700X
Category : Biography & Autobiography
Languages : en
Pages : 266
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Book Description
In 1733, John Paul Zenger began to print the New York Journal, the newspaper that was to change Zenger's life and the direction of journalism in colonial America. The material published in the Journal so incensed Sir William Cosby, the royal governor, that Zenger was arrested for seditious libel. Zenger's case was taken on by Andrew Hamilton, the foremost lawyer in the colonies, and after several months in prison the printer was found innocent. The case became a landmark of journalistic freedom, establishing that truth was the ultimate defense against charges of slander or libel, and was both emblem and incitement of America's belief in a free press. This work traces Zenger's life, the development of what was to become the U.S. Constitution's First Amendment freedom in the colonies, and its subsequent evolution on both sides of the Atlantic.
Author: William Lowell Putnam
Publisher: Light Technology Publishing
ISBN: 162233700X
Category : Biography & Autobiography
Languages : en
Pages : 266
Get Book Here
Book Description
In 1733, John Paul Zenger began to print the New York Journal, the newspaper that was to change Zenger's life and the direction of journalism in colonial America. The material published in the Journal so incensed Sir William Cosby, the royal governor, that Zenger was arrested for seditious libel. Zenger's case was taken on by Andrew Hamilton, the foremost lawyer in the colonies, and after several months in prison the printer was found innocent. The case became a landmark of journalistic freedom, establishing that truth was the ultimate defense against charges of slander or libel, and was both emblem and incitement of America's belief in a free press. This work traces Zenger's life, the development of what was to become the U.S. Constitution's First Amendment freedom in the colonies, and its subsequent evolution on both sides of the Atlantic.
Author: Vincent Buranelli
Publisher:
ISBN: 9789362098269
Category : Law
Languages : en
Pages : 0
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Book Description
The Trial of Peter Zenger, a classical book, has been considered important throughout the human history, and so that this work is never forgotten we at Alpha Editions have made efforts in its preservation by republishing this book in a modern format for present and future generations. This whole book has been reformatted, retyped and designed. These books are not made of scanned copies of their original work and hence the text is clear and readable.
Author: Wendell Bird
Publisher: Oxford University Press
ISBN: 0197509215
Category : Law
Languages : en
Pages : 409
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Book Description
This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This book proposes, to the contrary, that Blackstone carefully selected the narrowest definition that had been suggested in popular essays in the prior seventy years, in order to oppose the growing claims for much broader protections of press and speech. Blackstone misdescribed his summary as an accepted common law definition, which in fact did not exist. A year later, Mansfield inserted a similar definition into the common law for the first time, also misdescribing it as a long-accepted definition, and soon misdescribed the unique rules for prosecuting sedition as having an equally ancient pedigree. Blackstone and Mansfield were not declaring the law as it had long been, but were leading a counter-revolution about the breadth of freedoms of press and speech, and cloaking it as a summary of a narrow common law doctrine that in fact was nonexistent. That conflict of revolutionary view and counter-revolutionary view continues today. For over a century, a neo-Blackstonian view has been dominant, or at least very influential, among historians. Contrary to those narrow claims, this book concludes that the broad understanding of freedoms of press and speech was the dominant context of the First Amendment and of Fox's Libel Act, and that it enjoyed greater historical support.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Lucas A. Powe
Publisher: Univ of California Press
ISBN: 9780520913165
Category : History
Languages : en
Pages : 376
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Book Description
In 1964 the Supreme Court handed down a landmark decision in New York Times v. Sullivan guaranteeing constitutional protection for caustic criticism of public officials, thus forging the modern law of freedom of the press. Since then, the Court has decided case after case affecting the rights and restrictions of the press, yet little has ben written about these developments as they pertain to the Fourth Estate. Lucas Powe's essential book now fills this gap. Lucas A. Powe, Jr., a legal scholar specializing in media and the law, goes back to the framing of the First Amendment and chronicles the two main traditions of interpreting freedom of the press to illuminate the issues that today ignite controversy: How can a balance be achieved among reputation, uninhibited discussion, and media power? Under what circumstance can the government seek to protect national security by enjoining the press rather than attempting the difficult task of convincing a jury that publication was a criminal offense? What rights can the press properly claim to protect confidential sources or to demand access to information otherwise barred to the public? And, as the media grow larger and larger, can the government attempt to limit their power by limiting their size? Writing for the concerned layperson and student of both journalism and jurisprudence, Powe synthesizes law, history, and theory to explain and justify full protection of the editorial choices of the press. The Fourth Estate and the Constitution not only captures the sweep of history of Supreme Court decisions on the press, but also provides a timely restatement of the traditional view of freedom of the press at a time when liberty is increasingly called into question.
Author: Morton Keller
Publisher: Oxford University Press
ISBN: 0199705798
Category : History
Languages : en
Pages : 349
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Book Description
Hailed in The New York Times Book Review as "the single best book written in recent years on the sweep of American political history," this groundbreaking work divides our nation's history into three "regimes," each of which lasts many, many decades, allowing us to appreciate as never before the slow steady evolution of American politics, government, and law. The three regimes, which mark longer periods of continuity than traditional eras reflect, are Deferential and Republican, from the colonial period to the 1820s; Party and Democratic, from the 1830s to the 1930s; and Populist and Bureaucratic, from the 1930s to the present. Praised by The Economist as "a feast to enjoy" and by Foreign Affairs as "a masterful and fresh account of U.S. politics," here is a major contribution to the history of the United States--an entirely new way to look at our past, our present, and our future--packed with provocative and original observations about American public life.
Author: William Lowell Putnam
Publisher: McFarland
ISBN: 9780786493630
Category : History
Languages : en
Pages : 0
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Book Description
In 1733, John Paul Zenger began to print the New York Journal, the newspaper that was to change Zenger's life and the direction of journalism in colonial America. The material published in the Journal so incensed Sir William Cosby, the royal governor, that Zenger was arrested for seditious libel. Zenger's case was taken on by Andrew Hamilton, the foremost lawyer in the colonies, and after several months in prison the printer was found innocent. The case became a landmark of journalistic freedom, establishing that truth was the ultimate defense against charges of slander or libel, and was both emblem and incitement of America's belief in a free press. This work traces Zenger's life, the development of what was to become the U.S. Constitution's First Amendment freedom in the colonies, and its subsequent evolution on both sides of the Atlantic.
Author: John Trenchard
Publisher:
ISBN:
Category : Church and state
Languages : en
Pages : 348
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Book Description
Author: Erwin Chemerinsky
Publisher: Yale University Press
ISBN: 0300231865
Category : Political Science
Languages : en
Pages : 216
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Book Description
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
Author: Robert W. T. Martin
Publisher: NYU Press
ISBN: 0814764193
Category : Law
Languages : en
Pages : 372
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Book Description
The current, heated debates over hate speech and pornography were preceded by the equally contentious debates over the "free and open press" in the seventeenth and eighteenth centuries. Thus far little scholarly attention has been focused on the development of the concept of political press freedom even though it is a form of civil liberty that was pioneered in the United States. But the establishment of press liberty had implications that reached far beyond mere free speech. In this groundbreaking work, Robert Martin demonstrates that the history of the "free and open press" is in many ways the story of the emergence and first real expansions of the early American public sphere and civil society itself. Through a careful analysis of early libel law, the state and federal constitutions, and the Sedition Act crisis Martin shows how the development of constitutionalism and civil liberties were bound up in the discussion of the "free and open press." Finally, this book is a study of early American political thought and democratic theory, as seen through the revealing window provided by press liberty discourse. It speaks to broad audiences concerned with the public square, the history of the book, free press history, contemporary free expression controversies, legal history, and conceptual history.
