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: 8304

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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First Amendment Institutions

Author: Paul Horwitz

Publisher: Harvard University Press

ISBN: 0674070925

Category: Law

Page: 382

View: 7374

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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Free Speech Beyond Words

The Surprising Reach of the First Amendment

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

Publisher: NYU Press

ISBN: 1479873748

Category: Law

Page: 272

View: 3245

A look at First Amendment coverage of music, non-representational art, and nonsense 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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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: 6805

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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Saving Our Children from the First Amendment

Author: Kevin W. Saunders

Publisher: NYU Press

ISBN: 0814786936

Category: Law

Page: 307

View: 2660

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: 5507

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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Beyond the Constitution

Author: Hadley Arkes

Publisher: Princeton University Press

ISBN: 9780691025544

Category: Philosophy

Page: 288

View: 7093

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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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: 9118

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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Free Speech in Its Forgotten Years, 1870-1920

Author: David M. Rabban

Publisher: Cambridge University Press

ISBN: 9780521655378

Category: History

Page: 404

View: 1093

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 the Press

Rights and Liberties Under the Law

Author: Nancy C. Cornwell

Publisher: ABC-CLIO

ISBN: 1851094717

Category: Language Arts & Disciplines

Page: 355

View: 488

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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