What is Wrong with the First Amendment? PDF Download
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Author: Steven H. Shiffrin
Publisher: Cambridge University Press
ISBN: 1107160960
Category : Law
Languages : en
Pages : 241
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Book Description
This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
Author: Steven H. Shiffrin
Publisher: Cambridge University Press
ISBN: 1107160960
Category : Law
Languages : en
Pages : 241
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Book Description
This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
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.
Author: Jeremy Geltzer
Publisher: University of Texas Press
ISBN: 1477307435
Category : Performing Arts
Languages : en
Pages : 385
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Book Description
Boxing, porn, and the beginnings of movie censorship -- The rise of salacious cinema -- State regulations emerge -- Mutual and the capacity for evil -- War, nudity, and birth control -- Self-regulation reemerges -- Midnight movies and sanctioned cinema -- Sound enters the debate -- Tension increases between free speech and state censorship -- Threats from abroad and domestic disturbances -- Outlaws and miracles -- State censorship statutes on the defense -- Devil in the details : film and the Fourth and Fifth Amendments -- Dirty words : profanity and the patently offensive -- Filthy pictures : obscenity from nudie cuties to fetish films -- The porno chic : from Danish loops to Deep throat -- Just not here : content regulation through zoning -- Is censorship necessary? -- The politics of profanity
Author: Ronald J. Krotoszynski
Publisher: Cambridge University Press
ISBN: 110848154X
Category : Law
Languages : en
Pages : 411
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Book Description
Shows that while the Supreme Court enforces some First Amendment rights vigorously, it often fails to protect ordinary citizens' expressive freedoms.
Author: Thomas Scanlon
Publisher: Cambridge University Press
ISBN: 9780521533980
Category : Law
Languages : en
Pages : 290
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Book Description
These essays in political philosophy by T. M. Scanlon, written between 1969 and 1999, examine the standards by which social and political institutions should be justified and appraised. Scanlon explains how the powers of just institutions are limited by rights such as freedom of expression, and considers why these limits should be respected even when it seems that better results could be achieved by violating them. Other topics which are explored include voluntariness and consent, freedom of expression, tolerance, punishment, and human rights. The collection includes the classic essays 'Preference and Urgency', 'A Theory of Freedom of Expression', and 'Contractualism and Utilitarianism', as well as a number of other essays that have hitherto not been easily accessible. It will be essential reading for all those studying these topics from the perspective of political philosophy, politics, and law.
Author: Martha Minow
Publisher: Oxford University Press
ISBN: 0190948434
Category : Law
Languages : en
Pages : 257
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Book Description
A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform. In Saving the News, Martha Minow takes stock of the new media landscape. She focuses on the extent to which our constitutional system is to blame for the current parlous state of affairs and on our government's responsibilities for alleviating the problem. As Minow shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Although the First Amendment does not govern the conduct of entirely private enterprises, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who is financing communications, or to support news initiatives where there are market failures. Moreover, the federal government has contributed financial resources, laws, and regulations to develop and shape media in the United States. Thus, Minow argues that the transformation of media from printing presses to the internet was shaped by deliberate government policies that influenced the direction of private enterprise. In short, the government has crafted the direction and contours of America's media ecosystem. Building upon this basic argument, Minow outlines an array of reforms, including a new fairness doctrine, regulating digital platforms as public utilities, using antitrust authority to regulate the media, policing fraud, and more robust funding of public media. As she stresses, such reforms are not merely plausible ideas; they are the kinds of initiatives needed if the First Amendment guarantee of freedom of the press continues to hold meaning in the twenty-first century.
Author: Kim R. Holmes
Publisher: Encounter Books
ISBN: 1594039569
Category : Political Science
Languages : en
Pages : 258
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Book Description
A former U.S. Assistant Secretary of State and currently Acting Senior Vice President for Research at The Heritage Foundation, Kim R. Holmes surveys the state of liberalism in America today and finds that it is becoming its opposite—illiberalism—abandoning the precepts of open-mindedness and respect for individual rights, liberties, and the rule of law upon which the country was founded, and becoming instead an intolerant, rigidly dogmatic ideology that abhors dissent and stifles free speech. Tracing the new illiberalism historically to the radical Enlightenment, a movement that rejected the classic liberal ideas of the moderate Enlightenment that were prominent in the American Founding, Holmes argues that today’s liberalism has forsaken its American roots, incorporating instead the authoritarian, anti-clerical, and anti-capitalist prejudices of the radical and largely European Left. The result is a closing of the American liberal mind. Where once freedom of speech and expression were sacrosanct, today liberalism employs speech codes, trigger warnings, boycotts, and shaming rituals to stifle freedom of thought, expression, and action. It is no longer appropriate to call it liberalism at all, but illiberalism—a set of ideas in politics, government, and popular culture that increasingly reflects authoritarian and even anti-democratic values, and which is devising new strategies of exclusiveness to eliminate certain ideas and people from the political process. Although illiberalism has always been a temptation for American liberals, lurking in the radical fringes of the Left, it is today the dominant ideology of progressive liberal circles. This makes it a new danger not only to the once venerable tradition of liberalism, but to the American nation itself, which needs a viable liberal tradition that pursues social and economic equality while respecting individual liberties.
Author: Christine Zuchora-Walske
Publisher: Twenty-First Century Books
ISBN: 0761359958
Category : Young Adult Nonfiction
Languages : en
Pages : 164
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Book Description
Americans are sharply divided on the issue of Internet censorship. This book examines the history of censorship in the United States as well as current federal, state, and local laws. It provides the opinions and perspectives of government and business leaders, activists, and ordinary Americans on both sides of the issue.
Author: Charles C. Haynes
Publisher: ASCD
ISBN: 1416612599
Category : Education
Languages : en
Pages : 219
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Book Description
What are the First Amendment rights? How do you resolve questions about the rights of students, educators, and parents in a school setting? The First Amendment to the U.S. Constitution protects the most basic and cherished rights of society--religion, speech, press, petition, and assembly. Anyone who wants to know more about those freedoms in the context of schools will find The First Amendment in Schools a rich resource for study and application. The book includes * An explanation of the origins of the First Amendment * A concise, chronological history of 50 legal cases, including many landmark decisions, involving the First Amendment in public schools * Answers to frequently asked questions about the practice of the First Amendment in schools, covering specific issues of religious liberty, free speech, and press as they affect school prayer, use of school facilities, dress and speech codes, student press, book selection, and curriculum * General information on First Amendment expression and practice in schools * Information on more than 60 educational and advocacy programs and organizations for First Amendment resources * A profile of First Amendment Schools This book provides a civic and legal framework for giving all members of the school community--students, parents, teachers, administrators, and community members--a real voice in shaping the life of the school. Note: This product listing is for the reflowable (ePub) version of the book.
Author: Andrew R. Lewis
Publisher: Cambridge University Press
ISBN: 1108285619
Category : Political Science
Languages : en
Pages : 293
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Book Description
The Rights Turn in Conservative Christian Politics documents a recent, fundamental change in American politics with the waning of Christian America. Rather than conservatives emphasizing morality and liberals emphasizing rights, both sides now wield rights arguments as potent weapons to win political and legal battles and build grassroots support. Lewis documents this change on the right, focusing primarily on evangelical politics. Using extensive historical and survey data that compares evangelical advocacy and evangelical public opinion, Lewis explains how the prototypical culture war issue - abortion - motivated the conservative rights turn over the past half century, serving as a springboard for rights learning and increased conservative advocacy in other arenas. Challenging the way we think about the culture wars, Lewis documents how rights claims are used to thwart liberal rights claims, as well as to provide protection for evangelicals, whose cultural positions are increasingly in the minority; they have also allowed evangelical elites to justify controversial advocacy positions to their base and to engage more easily in broad rights claiming in new or expanded political arenas, from health care to capital punishment.
