Beyond the First Amendment

The Politics of Free Speech and Pluralism

Author: Samuel P. Nelson

Publisher: JHU Press

ISBN: 9780801881732

Category: History

Page: 226

View: 4181

Political theorist Samuel P. Nelson argues that the law of the First Amendment has supplanted the vital politics of free speech. After considering three philosophies commonly used to justify speech protection, Nelson pushes the debate beyond constitutional and legal questions by advocating an approach grounded in value pluralism.
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Beyond the burning cross

the First Amendment and the landmark R.A.V. case

Author: Edward J. Cleary

Publisher: Random House Inc

ISBN: N.A

Category: History

Page: 314

View: 7115

The author recounts how he successfully appealed the constitutionality of a local hate-crime ordinance to the Supreme Court
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Free Speech Beyond Words

The Surprising Reach of the First Amendment

Author: Mark V. Tushnet,Alan K. Chen,Joseph Blocher

Publisher: NYU Press

ISBN: 1479880280

Category: Law

Page: 272

View: 3815

The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
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First Amendment Institutions

Author: Paul Horwitz

Publisher: Harvard University Press

ISBN: 0674070925

Category: Law

Page: 382

View: 9521

Addressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations. Courts should let institutions with a stake in these freedoms do more work to enforce them. Self-regulation and public criticism should be the key restraints, not judicial fiat.
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Über Tyrannei

Zwanzig Lektionen für den Widerstand

Author: Timothy Snyder

Publisher: C.H.Beck

ISBN: 3406711472

Category: Political Science

Page: 127

View: 9487

Wir sind nicht klüger als die Menschen, die erlebt haben, wie überall in Europa die Demokratie unterging und Faschismus, Nationalsozialismus und Kommunismus kamen. Aber einen Vorteil haben wir. Wir können aus ihren Erfahrungen lernen. „Leiste keinen vorauseilenden Gehorsam.“ So lautet die erste von 20 Lektionen für den Widerstand, mit denen Timothy Snyder die Bürger der Vereinigten Staaten von Amerika vorbereitet auf das, was gestern noch unvorstellbar zu sein schien: einen Präsidenten, der das Gesicht der Demokratie verstümmelt und eine rechtsradikale Tyrannei errichtet. Doch nicht nur in den USA sind Populismus und autoritäres Führertum auf dem Vormarsch. Auch in Europa rückt die Gefahr von rechts immer näher – als ob es das 20. Jahrhundert und seine blutigen Lehren niemals gegeben hätte. Snyders historische Lektionen, die international Aufsehen erregt haben, sind ein Leitfaden für alle, die jetzt handeln wollen - und nicht erst, wenn es zu spät ist. Lektion 8: „Setze ein Zeichen.“ Dieses Buch tut es. Tun Sie es auch.
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The Religious Roots of the First Amendment

Dissenting Protestants and the Separation of Church and State

Author: Nicholas P. Miller

Publisher: Oxford University Press

ISBN: 0199942803

Category: Religion

Page: 272

View: 4056

Traditional understandings of the genesis of the separation of church and state rest on assumptions about "Enlightenment" and the republican ethos of citizenship. In The Religious Roots of the First Amendment, Nicholas P. Miller does not seek to dislodge that interpretation but to augment and enrich it by recovering its cultural and discursive religious contexts--specifically the discourse of Protestant dissent. He argues that commitments by certain dissenting Protestants to the right of private judgment in matters of Biblical interpretation, an outgrowth of the doctrine of the priesthood of all believers, helped promote religious disestablishment in the early modern West. This movement climaxed in the disestablishment of religion in the early American colonies and nation. Miller identifies a continuous strand of this religious thought from the Protestant Reformation, across Europe, through the English Reformation, Civil War, and Restoration, into the American colonies. He examines seven key thinkers who played a major role in the development of this religious trajectory as it came to fruition in American political and legal history: William Penn, John Locke, Elisha Williams, Isaac Backus, William Livingston, John Witherspoon, and James Madison. Miller shows that the separation of church and state can be read, most persuasively, as the triumph of a particular strand of Protestant nonconformity-that which stretched back to the Puritan separatist and the Restoration sects, rather than to those, like Presbyterians, who sought to replace the "wrong" church establishment with their own, "right" one. The Religious Roots of the First Amendment contributes powerfully to the current trend among some historians to rescue the eighteenth-century clergymen and religious controversialists from the enormous condescension of posterity.
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Freeing the First Amendment

Critical Perspectives on Freedom of Expression

Author: David S. Allen,Robert Jensen

Publisher: NYU Press

ISBN: 9780814706381

Category: Law

Page: 300

View: 3617

In 1998, a Mexican American woman named Estela Ruiz began seeing visions of the Virgin Mary in south Phoenix. The apparitions and messages spurred the creation of Mary’s Ministries, a Catholic evangelizing group, and its sister organization, ESPIRITU, which focuses on community-based initiatives and social justice for Latinos/as. Based on ten years of participant observation and in-depth interviews, The Virgin of El Barrio traces the spiritual transformation of Ruiz, the development of the community that has sprung up around her, and the international expansion of their message. Their organizations blend popular and official Catholicism as well as evangelical Protestant styles of praise and worship, shedding light on Catholic responses to the tensions between popular and official piety and the needs of Mexican Americans.
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Saving Our Children from the First Amendment

Author: Kevin W. Saunders

Publisher: NYU Press

ISBN: 0814786936

Category: Law

Page: 307

View: 6466

The First Amendment is vital to our political system, our cultural institutions, and our routine social interactions with others. In this provocative book, Kevin Saunders asserts that freedom of expression can be very harmful to our children, making it more likely that they will be the perpetrators or victims of violence, will grow up as racists, or will use alcohol or tobacco. Saving Our Children from the First Amendment examines both the value and cost of free expression in America, demonstrating how an unregulated flow of information can be detrimental to youth. While the great value of the First Amendment is found in its protection of our most important political freedoms, this is far more significant for adults, who can fully grasp and benefit from the freedom of expression, than for children. Constitutional prohibitions on distributing sexual materials to children, Saunders proposes, should be expanded to include violent, vulgar, or profane materials, as well as music that contains hate speech. Saunders offers an insightful meditation on the problem of protecting our children from the negative effects of freedom of expression without curtailing First Amendment rights for adults.
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Introduction to Law and Criminal Justice

Author: James R. Acker,JoAnne M. Malatesta

Publisher: Jones & Bartlett Publishers

ISBN: 1449626777

Category: Law

Page: 550

View: 2272

Introduction to Law and Criminal Justice provides a comprehensive overview of the foundational legal issues in criminal justice. Written in an easy-to-understand format, it focuses on three areas of law relevant to criminal justice: substantive criminal law; constitutional issues that demand balancing individual liberties and governmental authority; and constitutional criminal procedure. This thorough introduction relies on edited judicial decisions with explanatory text, thus allowing readers to hone their analytical and critical thinking skills as they interpret the judicial decisions. This case method of study encourages students to examine both the majority and dissenting rationales and offers insight into the changing nature of precedent and how legal principles are adapted and applied under different factual circumstances. With its careful explanation of judicial decisions, this text offers students an excellent introduction to legal analysis and will prepare them for further study of law, social values, and criminal justice. Key Features: • Provides a student-friendly introduction to criminal justice and the case method of study. • Presents carefully edited judicial decisions with accompanying explanation, to offer case material that is accessible to undergraduate introductory-level students. • Focuses on three areas of law relevant to criminal justice — substantive criminal law, constitutional issues evoking tensions between governmental authority and individual liberties, and constitutional criminal procedure. • Includes discussions of select high-profile cases, including Kitty Genovese, Westboro Baptist Church, Andrea Yates, and Brian Mitchell, to provide students with examples of how legal principles have been applied in publicized and newsworthy cases. Resources: • Instructor resources include an Instructor's Manual, Test Bank, and PowerPoint Lecture Outlines. • Every new print copy is packaged with full access to the student companion website featuring a variety of engaging and interactive study tools (*eBook offerings do not include access code).
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The Rehnquist Court

Justices, Rulings, and Legacy

Author: Thomas R. Hensley,Kathleen Hale,Carl Snook

Publisher: ABC-CLIO

ISBN: 1576072002

Category: Biography & Autobiography

Page: 443

View: 4269

Highlights: - Provides an analysis of the major conservative changes in U.S. constitutional law during the Rehnquist Court- Analyzes the Rehnquist Court's voting record and the lasting impacts of those votes
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Freedom of the Press

Rights and Liberties Under the Law

Author: Nancy C. Cornwell

Publisher: ABC-CLIO

ISBN: 1851094717

Category: Language Arts & Disciplines

Page: 355

View: 3595

An authoritative yet accessible analysis of the historical development and contemporary scope of press freedoms in America. * Extensive A–Z entries on key individuals such as Anthony Comstock, events including conflicts in the Middle East and Afghanistan, and concepts and terms * Chronology of key developments in the history of press freedom, including the growing conglomeration of the media
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Priests of Our Democracy

The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Author: Marjorie Heins

Publisher: NYU Press

ISBN: 0814770266

Category: Law

Page: 384

View: 7046

Priests of Our Democracy tells of the teachers and professors who battled the anti-communist witch hunt of the 1950s. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to everyone.
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Beyond the Constitution

Author: Hadley Arkes

Publisher: Princeton University Press

ISBN: 9780691025544

Category: Law

Page: 288

View: 6280

Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
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Redefreiheit

Prinzipien für eine vernetzte Welt

Author: Timothy Garton Ash

Publisher: Carl Hanser Verlag GmbH Co KG

ISBN: 3446254250

Category: Political Science

Page: 688

View: 6989

Noch nie konnten so viele Menschen wie heute ihre Meinung auf der ganzen Welt verbreiten. Internet und Globalisierung haben eine neue Epoche der Redefreiheit möglich gemacht, gleichzeitig provozieren sie neue kulturelle und religiöse Konflikte. Müssen wir rassistische Kommentare auf Facebook hinnehmen? Darf Satire den Propheten Mohammed verhöhnen? 2011 hat Timothy Garton Ash eine Debatte angestoßen, seitdem diskutieren Teilnehmer aus der ganzen Welt die Frage, wie wir in Zukunft vernünftig unsere Standpunkte austauschen, wie wir das Recht auf Redefreiheit genauso wie die Würde Andersdenkender sichern können. Es ist der Stoff für sein neues Buch: Ein Standardwerk zur Redefreiheit im 21. Jahrhundert.
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Free Speech in Its Forgotten Years, 1870-1920

Author: David M. Rabban

Publisher: Cambridge University Press

ISBN: 9780521655378

Category: History

Page: 404

View: 8283

Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, this text reveals that important free speech controversies and legal cases, often involving sex reformers and labor unions, preceded the Espionage Act of 1917.
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Freedom of Speech and the Press

Author: Ian C. Friedman

Publisher: Infobase Publishing

ISBN: 1438100264

Category: Freedom of speech

Page: 128

View: 8527

American democracy owes much to the rights guaranteed to individuals in the U.S. Constitution and specifically in its first 10 amendments, known as the Bill of Rights. Each book in the new six-volume American Rights set provides the history of a specific right or rights, from the right to vote to the right to bear arms. The volumes begin with brief colonial history, discussing the war fought by American Revolutionaries to gain independence from Great Britain - and their opportunity to decide what rights every American should possess. Coverage also includes later and ongoing struggles by groups such as women and people of color to gain these rights - both in law and in practice. Students will learn to appreciate the value of these rights by reading of the battles fought to secure them and, in some cases, by learning of their relative rarity around the world. Graphs, maps, photographs, and box features enhance the lively and accessible narrative, calling out important details and bringing this exciting material to life. Providing a wealth of information, American Rights is a thought-provoking, must-have set perfect for the young readers of today.
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Democracy, Expertise, and Academic Freedom

A First Amendment Jurisprudence for the Modern State

Author: Robert C. Post

Publisher: Yale University Press

ISBN: 0300148631

Category: Law

Page: 192

View: 7989

A leading American legal scholar offers a surprising account of the incompleteness of prevailing theories of freedom of speech. Robert C. Post shows that the familiar understanding of the First Amendment, which stresses the “marketplace of ideas” and which holds that "everyone is entitled to an opinion," is inadequate to create and preserve the expert knowledge that is necessary for a modern democracy to thrive. For a modern society reliably to answer such questions as whether nicotine causes cancer, the free and open exchange of ideas must be complemented by standards of scientific competence and practice that are both hierarchical and judgmental. Post develops a theory of First Amendment rights that seeks to explain both the need for the free formation of public opinion and the need for the distribution and creation of expertise. Along the way he offers a new and useful account of constitutional doctrines of academic freedom. These doctrines depend both upon free expression and the necessity of the kinds of professional judgment that universities exercise when they grant or deny tenure, or that professional journals exercise when they accept or reject submissions.
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Classrooms in the Crossfire

The Rights and Interests of Students, Parents, Teachers, Administrators, Librarians, and the Community

Author: Robert M. O'Neil

Publisher: Indiana University Press

ISBN: 9780253179333

Category: Law

Page: 242

View: 4667

Discusses the legal issues and social implications of the clash between First Amendment rights and community standards in the public schools
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After Pluralism

Reimagining Religious Engagement

Author: Courtney Bender,Pamela Edith Klassen

Publisher: Columbia University Press

ISBN: 0231152337

Category: Religion

Page: 341

View: 7695

"The first volume to bring together scholars from a variety of fields whose work critically examines the generalogy of secularism and its relationship to pluralism, the potentially negative implications and underlying assumptions of tolerance, and the naturalized hegemony of the law vis-a-vis religion in liberal democracies. Taken as a whole, After Pluralism serves as a response and probably the most ambitious and influential effort to map out religious pluralism in the United States."---Nathaniel Deutsch, University of California, Santa Cruz The contributors to this volume treat pluralism as a concept that is historically and ideologically produced or, put another way, as a doctrine that is embedded within a range of political, civic, and cultural institutions. Their critique considers how religious difference is framed as a problem that only pluralism can solve. Working comparatively across nations and disciplines, the essays in After Pluralism explore pluralism as a "term of art" that sets the norms of identity and the parameters of exchange, encounter, and conflict Contributors locate pluralism's ideals in diverse sites---Broadway plays, Polish Holocaust memorials, Egyptian dream interpretations, German jails, and legal theories---and demonstrate its shaping of political and social interaction in surprising and powerful ways. Throughout, they question assumptions underlying pluralism's discourse and its influence on the legal decisions that shape modern religious practice. Contributors do more than deconstruct this theory; they tackle what comes next. Having established the genealogy and effects of pluralism, they generate new questions for engaging the collective worlds and multiple registers in which religion operates "How has religious difference been constructed as a problem to which `pluralism' becomes the solution? From within a rich variety of historical settings and international case studies, the essays collected in After Pluralism reveal `pluralism' as an ideological and normative space, a discursive frame within which questions of religious difference may legitimately be engaged but which nevertheless cannot account for the messiness of religious on the ground, where `dialogue' and `recognition' between discrete religions and religious actors are seldom to be seen. in the process, religions emerge as shifting constellations of belief and practice continually made and remade within relations of power that are not always in need of resolution or amenable to it. An accomplished, exhilarating, and game changing book"---Tracy Fessenden, Arizona State University "After Pluralism is an outstanding collection of essays on religious diversity by a group of multidisciplinary scholars. Their work is at the cutting edge of the relationship between religion, culture, law, and public life in a post-secular age. The introduction is an invaluable guide not only to the book but to the whole field as well."---James Tully, University of Victoria
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The First Amendment Bubble

How Privacy and Paparazzi Threaten a Free Press

Author: Amy Gajda

Publisher: Harvard University Press

ISBN: 0674967127

Category: Law

Page: 316

View: 867

For decades, privacy took a back seat to the public’s right to know. But as the Internet and changing journalism have made it harder to distinguish news from titillation, U.S. courts are showing new resolve in protecting individuals from invasive media scrutiny. As Amy Gajda shows, this judicial backlash is now impinging on mainstream journalists.
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