The First Amendment in Cross-cultural Perspective

The First Amendment in Cross-cultural Perspective PDF Author: Ronald J. Krotoszynski
Publisher: NYU Press
ISBN: 0814747876
Category : Law
Languages : en
Pages : 318

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Book Description
The First Amendment—and its guarantee of free speech for all Americans—has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine. Ronald J. Krotoszynski, Jr., compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom—countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular—and largely American—assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.

The First Amendment in Cross-cultural Perspective

The First Amendment in Cross-cultural Perspective PDF Author: Ronald J. Krotoszynski
Publisher: NYU Press
ISBN: 0814747876
Category : Law
Languages : en
Pages : 318

Get Book Here

Book Description
The First Amendment—and its guarantee of free speech for all Americans—has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine. Ronald J. Krotoszynski, Jr., compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom—countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular—and largely American—assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.

The First Amendment in Cross-Cultural Perspective

The First Amendment in Cross-Cultural Perspective PDF Author: Ronald J. Krotoszynski Jr.
Publisher: NYU Press
ISBN: 0814748252
Category : Law
Languages : en
Pages : 317

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Book Description
The First Amendment—and its guarantee of free speech for all Americans—has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine. Ronald J. Krotoszynski, Jr., compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom—countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular—and largely American—assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.

African Americans and the First Amendment

African Americans and the First Amendment PDF Author: Timothy C. Shiell
Publisher: State University of New York Press
ISBN: 1438475837
Category : Political Science
Languages : en
Pages : 226

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Book Description
2020 CHOICE Outstanding Academic Title African Americans and the First Amendment is the first book to explore in detail the relationship between African Americans and our "first freedoms," especially freedom of speech. Timothy C. Shiell utilizes an interdisciplinary approach to demonstrate that a strong commitment to civil liberty and to racial equality are mutually supportive, as they share an opposition to orthodoxy and a commitment to greater inclusion and participation. This crucial connection is evidenced throughout US history, from the days of colonial and antebellum slavery to Jim Crow: in the landmark US Supreme Court decision in 1937 freeing the black communist Angelo Herndon; in the struggles and victories of the civil rights movement, from the late 1930s to the late '60s; and in the historical and modern debates over hate speech restrictions. Liberty and equality can conflict in individual cases, Shiell argues, but there is no fundamental conflict between them. Robust First Amendment values protect and encourage demands for racial equality while weak First Amendment values, in contrast, lead to censorship and a chilling of demands for racial equality.

The Cosmopolitan First Amendment

The Cosmopolitan First Amendment PDF Author: Timothy Zick
Publisher: Cambridge University Press
ISBN: 1107012325
Category : Law
Languages : en
Pages : 461

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Book Description
We live in an interconnected world in which expressive and religious cultures increasingly commingle and collide. In a globalized and digitized era, we need to better understand the relationship between the First Amendment to the United States Constitution and international borders. This book focuses on the exercise and protection of cross-border and beyond-border expressive and religious liberties, and on the First Amendment's relationship to the world beyond US shores. It reveals a cosmopolitan First Amendment that protects cross-border conversation, facilitates the global spread of democratic principles, recognizes expressive and religious liberties regardless of location, is influential across the world, and encourages respectful engagement with the liberty regimes of other nations. The Cosmopolitan First Amendment is the product of historical, social, political, technological and legal developments. It examines the First Amendment's relationship to foreign travel, immigration, cross-border communication and association, religious activities that traverse international borders, conflicts among foreign and US speech and religious liberty models, and the conduct of international affairs and diplomacy.

The Limits of Tolerance

The Limits of Tolerance PDF Author: Denis Lacorne
Publisher: Columbia University Press
ISBN: 0231547048
Category : Political Science
Languages : en
Pages : 218

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Book Description
The modern notion of tolerance—the welcoming of diversity as a force for the common good—emerged in the Enlightenment in the wake of centuries of religious wars. First elaborated by philosophers such as John Locke and Voltaire, religious tolerance gradually gained ground in Europe and North America. But with the resurgence of fanaticism and terrorism, religious tolerance is increasingly being challenged by frightened publics. In this book, Denis Lacorne traces the emergence of the modern notion of religious tolerance in order to rethink how we should respond to its contemporary tensions. In a wide-ranging argument that spans the Ottoman Empire, the Venetian republic, and recent controversies such as France’s burqa ban and the white-supremacist rally in Charlottesville, The Limits of Tolerance probes crucial questions: Should we impose limits on freedom of expression in the name of human dignity or decency? Should we accept religious symbols in the public square? Can we tolerate the intolerant? While acknowledging that tolerance can never be entirely without limits, Lacorne defends the Enlightenment concept against recent attempts to circumscribe it, arguing that without it a pluralistic society cannot survive. Awarded the Prix Montyon by the Académie Française, The Limits of Tolerance is a powerful reflection on twenty-first-century democracy’s most fundamental challenges.

Constitutional Law

Constitutional Law PDF Author: Geoffrey R. Stone
Publisher: Aspen Publishing
ISBN: 1543838529
Category : Law
Languages : en
Pages : 1589

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Book Description
Constitutional Law, Ninth Edition by Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Pamela S. Karlan, Aziz Z. Huq, and Leah M. Litman guides students through all facets of constitutional law, exploring traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Constitutional Law, Ninth Editiontakes a comprehensive approach to the way in which constitutional law arises. It offers instructors carefully edited cases and rich, interdisciplinary material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism; the second part addresses all facets of individual rights and liberties. Constitutional Law, Ninth Edition, also provides thoughtfully selected content on the First Amendment, to give students a well-rounded understanding of religion and free speech issues. New to the Ninth Edition: Extensively revised treatment of the Religion Clauses. Revamped material on abortion rights given Dobbs v. Jackson Women’s Health Organization. More focused and tightened presentation of judicial review, federalism, and other areas. Professors and students will benefit from: The text’s attention to policy, including discussion of competing critical and social perspectives. An interdisciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly edited cases, that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence. A comprehensive coverage that is ideal for a two-semester course.

Law's Relations

Law's Relations PDF Author: Jennifer Nedelsky
Publisher: OUP USA
ISBN: 0195147960
Category : Law
Languages : en
Pages : 559

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Book Description
Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.

Virtual Freedoms, Terrorism and the Law

Virtual Freedoms, Terrorism and the Law PDF Author: Giovanna De Minico
Publisher: Routledge
ISBN: 1000179737
Category : Law
Languages : en
Pages : 252

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Book Description
This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

The SAGE Encyclopedia of Journalism

The SAGE Encyclopedia of Journalism PDF Author: Gregory A. Borchard
Publisher: SAGE Publications
ISBN: 1544391188
Category : Language Arts & Disciplines
Languages : en
Pages : 3333

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Book Description
Journalism permeates our lives and shapes our thoughts in ways that we have long taken for granted. Whether it is National Public Radio in the morning or the lead story on the Today show, the morning newspaper headlines, up-to-the-minute Internet news, grocery store tabloids, Time magazine in our mailbox, or the nightly news on television, journalism pervades our lives. The Encyclopedia of Journalism covers all significant dimensions of journalism, such as print, broadcast, and Internet journalism; U.S. and international perspectives; and history, technology, legal issues and court cases, ownership, and economics. The encyclopedia will consist of approximately 500 signed entries from scholars, experts, and journalists, under the direction of lead editor Gregory Borchard of University of Nevada, Las Vegas.

Defamation, Libel Tourism and the SPEECH Act of 2010

Defamation, Libel Tourism and the SPEECH Act of 2010 PDF Author:
Publisher: Cambria Press
ISBN: 1621969436
Category :
Languages : en
Pages : 371

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Book Description