Freeing The First Amendment

Freeing The First Amendment Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Freeing The First Amendment book. This book definitely worth reading, it is an incredibly well-written.

Freeing the First Amendment

Author : David S. Allen,Robert Jensen
Publisher : NYU Press
Page : 312 pages
File Size : 48,9 Mb
Release : 1995-11
Category : Law
ISBN : 081470638X

Get Book

Freeing the First Amendment by David S. Allen,Robert Jensen Pdf

In a society that prides itself on the most expansive legal guarantees of free speech in history, why are so many individuals and groups frustrated by the American system of freedom of expression? As the public sphere continues to be redefined by advances in technology, and new debates about this technology crop up daily, the time has come to move from reflexive discussions about the value of more speech to a detailed assessment of the real power and limits of speech.Why, this volume asks, does the First Amendment--the very document intended to ensure the freedom of U.S. citizens--need to be freed? And from what?Long an icon in American law, politics, and journalism, the First Amendment--and the potential and real dilemmas with which it presents us--have only recently begun to be scrutinized. Challenging the idea that the only champions of free speech are traditional liberal theorists who oppose alternatives to the mainstream interpretation of the First Amendment, the contributors to this volume, among them such prominent thinkers as Frederick Schauer, Owen Fiss, and Cass Sunstein, explore new and provocative ways to think about freedom of expression. By reformulating traditional liberal and libertarian approaches to the First Amendment, this volume convincingly disputes the notion that those who question an unwavering reliance on free- and-open competition between individuals to produce free expression are necessarily enemies of free speech. It argues instead that these alleged enemies can in fact be champions as well.

Freeing the First Amendment

Author : David S. Allen,Robert Jensen
Publisher : NYU Press
Page : 309 pages
File Size : 49,8 Mb
Release : 1995-11
Category : Law
ISBN : 9780814706381

Get Book

Freeing the First Amendment by David S. Allen,Robert Jensen Pdf

In a society that prides itself on the most expansive legal guarantees of free speech in history, why are so many individuals and groups frustrated by the American system of freedom of expression? As the public sphere continues to be redefined by advances in technology, and new debates about this technology crop up daily, the time has come to move from reflexive discussions about the value of more speech to a detailed assessment of the real power and limits of speech.Why, this volume asks, does the First Amendment--the very document intended to ensure the freedom of U.S. citizens--need to be freed? And from what?Long an icon in American law, politics, and journalism, the First Amendment--and the potential and real dilemmas with which it presents us--have only recently begun to be scrutinized. Challenging the idea that the only champions of free speech are traditional liberal theorists who oppose alternatives to the mainstream interpretation of the First Amendment, the contributors to this volume, among them such prominent thinkers as Frederick Schauer, Owen Fiss, and Cass Sunstein, explore new and provocative ways to think about freedom of expression. By reformulating traditional liberal and libertarian approaches to the First Amendment, this volume convincingly disputes the notion that those who question an unwavering reliance on free- and-open competition between individuals to produce free expression are necessarily enemies of free speech. It argues instead that these alleged enemies can in fact be champions as well.

Freedom for the Thought That We Hate

Author : Anthony Lewis
Publisher : ReadHowYouWant.com
Page : 262 pages
File Size : 54,6 Mb
Release : 2010
Category : History
ISBN : 9781458758385

Get Book

Freedom for the Thought That We Hate by Anthony Lewis Pdf

More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.

First Things First

Author : Ronald K.L. Collins,Will Creeley,David L. Hudson, Jr.
Publisher : Top Five Books LLC
Page : 508 pages
File Size : 52,9 Mb
Release : 2019-09-09
Category : Law
ISBN : 9781938938412

Get Book

First Things First by Ronald K.L. Collins,Will Creeley,David L. Hudson, Jr. Pdf

First Things First is a college coursebook like no other. Written by three First Amendment experts and professors, the book provides students with the fundamentals of modern American free speech law in a clear, concise, and accessible manner. First Things First also introduces readers to First Amendment issues related to topics such as student speech, freedom of the press, civil rights, LGBTQ rights, advertising, music censorship, and artificial intelligence. The text includes scores of audio and video links, photographs, and helpful study-aid summaries and questions. First Things First’s vibrant and engaging tone ensures readers will leave this book with a dynamic understanding of their rights and the value of free speech. “First Things First sets the standard for teaching free speech law.… It combines clearly-written case narratives with frequent excursions to a rich trove of other online material—including video and audio files—that provide additional legal and historical context.” —Stephen D. Solomon (founding editor, First Amendment Watch) “With admirable clarity and brevity, First Things First covers the field of First Amendment law and theory in a readable and accessible way.… This innovative book explains not just the fundamentals of First Amendment law, but how we got to where we are, and why.” —Robert Corn-Revere (First Amendment lawyer) First Things First is a welcome addition to the course materials for students studying law, journalism, history, political science, government and a host of other disciplines. —Lucy A. Dalglish, dean and professor, Philip Merrill College of Journalism, University of Maryland First Things First is an incredibly insightful and inviting introduction to U.S. speech and press law. Its approach makes its content completely accessible to beginner and expert alike. But even better, its scores of online links to additional layers of material—including streaming audio and video—make this narrative and case-oriented resource like no other. In addition to teaching the law, the various elements help to reveal what it means to live in a free speech society. First Things First is made for the 21st century student—and professor. —Joseph Russomanno, Associate Professor, Arizona State University

Freeing the Presses

Author : Timothy E. Cook
Publisher : LSU Press
Page : 199 pages
File Size : 52,6 Mb
Release : 2006-08-01
Category : Language Arts & Disciplines
ISBN : 9780807131688

Get Book

Freeing the Presses by Timothy E. Cook Pdf

Most Americans consider a free press essential to democratic society -- either as an independent watchdog against governmental abuse of power or as a wide-open marketplace of ideas. But few understand that far-reaching public policies have shaped the news citizens receive. In an age when mass communication ranges from independent cable channels to the Internet, it is essential to assess these policies and their effects if we want the media to continue fulfilling their role. Freeing the Presses offers a pathbreaking inquiry into the theory and practice of freedom of the press at a critical time in the growing overlap between modern media and political discussion. Six political communication scholars draw upon history, sociology, political science, legal philosophy, and journalism to investigate whether the freedoms and privileges given to the news media and to reporters actually produce the results we expect. Their discussion covers past, present, and future media performance and engages a wide range of provocative questions.

The Soul of the First Amendment

Author : Floyd Abrams
Publisher : Yale University Press
Page : 170 pages
File Size : 41,7 Mb
Release : 2017-01-01
Category : Law
ISBN : 9780300190885

Get Book

The Soul of the First Amendment by Floyd Abrams Pdf

A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

The Fight for Free Speech

Author : Ian Rosenberg
Publisher : NYU Press
Page : 311 pages
File Size : 50,5 Mb
Release : 2023-05-16
Category : Law
ISBN : 9781479825912

Get Book

The Fight for Free Speech by Ian Rosenberg Pdf

A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.

The Short Life and Curious Death of Free Speech in America

Author : Ellis Cose
Publisher : HarperCollins
Page : 167 pages
File Size : 43,6 Mb
Release : 2020-09-15
Category : Political Science
ISBN : 9780062999733

Get Book

The Short Life and Curious Death of Free Speech in America by Ellis Cose Pdf

Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.

Judging Free Speech

Author : H. Knowles,S. Lichtman
Publisher : Springer
Page : 288 pages
File Size : 40,8 Mb
Release : 2016-04-08
Category : Political Science
ISBN : 9781137412621

Get Book

Judging Free Speech by H. Knowles,S. Lichtman Pdf

Judging Free Speech contains nine original essays by political scientists and law professors, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice.

Free Speech Beyond Words

Author : Mark V. Tushnet,Alan K. Chen,Joseph Blocher
Publisher : NYU Press
Page : 269 pages
File Size : 55,9 Mb
Release : 2017-02-14
Category : Law
ISBN : 9781479880287

Get Book

Free Speech Beyond Words by Mark V. Tushnet,Alan K. Chen,Joseph Blocher Pdf

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.

The Adversary First Amendment

Author : Martin H. Redish
Publisher : Stanford University Press
Page : 251 pages
File Size : 41,5 Mb
Release : 2013-06-12
Category : Law
ISBN : 9780804786348

Get Book

The Adversary First Amendment by Martin H. Redish Pdf

The Adversary First Amendment presents a unique and controversial rethinking of modern American democratic theory and free speech. Most free speech scholars understand the First Amendment as a vehicle for or protection of democracy itself, relying upon cooperative or collectivist theories of democracy. Martin Redish reconsiders free speech in the context of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own values and interests. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of that conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity, and the individual growth and development deriving from the promotion of individual interests. Drawing on previous free speech scholarship and case studies of controversial speech, Redish advances a theory of free expression grounded in democratic notions of self-promotion and controlled adversary conflict, making a strong case for its application across such areas as commercial speech, campaign spending, and anonymous speech.

Critiquing Free Speech

Author : Matthew D. Bunker
Publisher : Routledge
Page : 232 pages
File Size : 55,7 Mb
Release : 2001-04
Category : History
ISBN : 9781135652074

Get Book

Critiquing Free Speech by Matthew D. Bunker Pdf

This monograph addresses free speech, arguing that, while interdisciplinary approaches can be useful, legal scholars must avoid distorting issues by using vocabularies and tools that do not reflect complexities of 1st Amendment.

The Free Speech Century

Author : Geoffrey R. Stone,Lee C. Bollinger
Publisher : Oxford University Press, USA
Page : 377 pages
File Size : 45,8 Mb
Release : 2018-12-04
Category : Law
ISBN : 9780190841379

Get Book

The Free Speech Century by Geoffrey R. Stone,Lee C. Bollinger Pdf

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.

Encyclopedia Of First Amendment Set

Author : John Vile,David Schultz,David Hudson
Publisher : CQ Press
Page : 1464 pages
File Size : 54,6 Mb
Release : 2008-09-25
Category : Reference
ISBN : 0872893111

Get Book

Encyclopedia Of First Amendment Set by John Vile,David Schultz,David Hudson Pdf

In the first work of its kind, this new and exciting two-volume reference comprehensively examines all the freedoms in the First Amendment, including free speech, press, assembly, petition, and religion. Encyclopedia of the First Amendment covers the political, historical, and cultural significance of the First Amendment. It provides exclusive, singular focus on what most people consider the essential elements of the Bill of Rights and the basic liberties that Americans enjoy.

Beyond the First Amendment

Author : Samuel P. Nelson
Publisher : JHU Press
Page : 248 pages
File Size : 42,7 Mb
Release : 2005-07
Category : History
ISBN : 0801881730

Get Book

Beyond the First Amendment by Samuel P. Nelson Pdf

Americans often believe that the First Amendment and free speech are synonymous and that all restrictions on speech can be addressed by the legal framework of the First Amendment. Political theorist Samuel P. Nelson argues that the current legal framework for free speech actually undermines attempts to resolve many of these issues and that the law of the First Amendment has supplanted the vital politics of free speech. To cut through the confusion, Nelson takes a step back from the First Amendment framework to understand the social nature of speech, moving toward a more pluralistsic and value-based understanding. He examines three philosophies commonly used to justify speech protection—libertarianism, expressivism, and egalitarianism—and finds none of them sufficiently responsive in today's contemporary political landscape. Advocating an approach grounded in value pluralism—which describes a wider variety of free speech claims than the First Amendment allows—Nelson pushes the debate beyond constitutional and legal questions.