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Mr. Justice Brennan and Freedom of Expression by W. Wat Hopkins Pdf
Hopkins examines the body of Justice Brennan's free expression jurisprudence. For him, Brennan was the prime protector of the rights of free speech and free press. He argues that Brennan's theory of free expression is built on the metaphor of a marketplace of ideas. He concludes that Brennan developed a philosophically sound First Amendment theory that was accepted by the Court, but is not being applied with the force necessary for it to be effective in practice.
Justice William J. Brennan, Jr by Roger L. Goldman,William Joseph Brennan,David Gallen Pdf
Exploring his thirty-four year position on the United States Supreme Court, a detailed account of his significant contribution to the modern law on freedom of speech and the press notes his positions on civil rights, education, and capital punishment.
The Conscience of the Court by Leonard Williams Levy,William J. Brennan Pdf
The Conscience of the Court celebrates the work of Justice William J. Brennan Jr., who served on the United States Supreme Court for thirty-four years (1956-1990). Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected judicial opinions written by Justice Brennan on issues involving personal freedom, civil liberties, and equality. Brennan is ranked by many as the best writer ever to have served on the Supreme Court, and his written opinions depict real people, often in desperate, emotional situations. Remarkable for their clarity of analysis, for their eloquence, and for their forcefulness and persuasiveness, his opinions demonstrate that judicial thought need not be a proprietary enclave of lawyers or the intellectual elite. The extended excerpts selected by Sepinuck and Treuthart highlight Brennan's approach to judicial decision making. Concerned always with how each decision would actually affect people's lives, Brennan possessed a rare quality of empathy. In Brennan, the editors note, "people and groups who lacked influence in society -- Communists and flag burners, children and foreigners, criminal defendants and racial minorities" -- found a champion they could count on "to listen to their causes and judge them unmoved by the passions of the politically powerful". This book is divided into four chapters dealing with freedom of expression, religious liberties and guarantees, the individual versus the state, and protections of equality. Within each chapter, the excerpted cases are presented chronologically. The editors selected more dissenting and concurring opinions than majority opinions because, they reason, a justice writing a dissent or concurrence isfreer to express personal views than one writing for the majority who may feel compelled to include or exclude certain statements in order to hold a fragile coalition together. Each opinion has been edited to focus on the constitutional question at issue while still preserving Brennan's style of expression and process of reasoning. In their introduction to each opinion, the editors provide background facts, discuss how the excerpted opinion transformed the law or otherwise fit into the realm of constitutional jurisprudence, and delve into Justice Brennan's judicial philosophy, his method of constitutional interpretation, and the language he used.
The Supreme Court Compendium by Lee Epstein,Jeffrey A. Segal,Harold J. Spaeth,Thomas G. Walker Pdf
The Supreme Court Compendium provides historical and statistical information on the Supreme Court: its institutional development; caseload; decision trends; the background, nomination, and voting behavior of its justices; its relationship with public, governmental, and other judicial bodies; and its impact. With over 180 tables and figures, this new edition is intended to capture the full retrospective picture through the 2013-2014 term of the Roberts Court and the momentous decisions handed down within the last four years, including United States v. Windsor, National Federation of Independent Business v. Sebelius, and Shelby County v. Holder.
New York Times Co. v. Sullivan Forty Years Later by W. Wat Hopkins Pdf
The need to protect free speech on matters of governing importance--more than any other element of government--is the defining factor of a free society. Nowhere in the law is that prospect more clearly explained than in the opinion in Times v. Sullivan. This special issue provides an example of the breadth and scope of Times v. Sullivan and the ways in which the case continues to impact the jurisprudence of free expression. It is introduced by two essays designed to provide an overview of the case, providing insights into the origins of the dispute the Court was called upon to settle. The next four articles are testimony to breadth the opinion in this case, particularly dealing with aspects not often considered. Combined, they all demonstrate the lasting significance of what may be the most important free expression case the Court has delivered.
Justices, Presidents, and Senators by Henry Julian Abraham Pdf
This new edition of this classic history of the Supreme Court discusses the selection, nomination, and appointment of each of the Justices who have sat on the U.S. Supreme Court since 1789. Abraham provides a fascinating account of the presidential motivations behind each nomination, examining how each appointee's performance on the bench fulfilled, or disappointed, presidential expectations.
The Free Flow of Information: Media law and freedom of expression in the United States by Michael Edward Lenert Pdf
The primary objectives of this casebook are: (1) to outline the fundamental legal decisions that constitute the framework of media law, (2) to develop the skills to apply this framework to contemporary controversies in media law and ethics (3) to give you practical guidance how to stay out of legal trouble in your career in the media The casebook requires the close reading of original legal texts and decisions concerning defamation, privacy, intellectual property and other selected topics.
Congressional Record by United States. Congress Pdf
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
In this sweeping and revealing insider study, Seth Stern and Stephen Wermiel shine a bright light on the life, career, and thought of William Brennan (1906-1997), widely considered the Supreme Court's most influential twentieth-century justice, as well as its greatest liberal and preeminent strategist. Stern and Wermiel make available for the first time a striking new view of Brennan based on what Jeffrey Toobin has called "a coveted set of documents"—Justice Brennan's very personal case histories of the major battles that confronted the Supreme Court during the past half century. Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy are among the many controversial and hotly-contested big-picture issues covered in the Brennan annals. But they also provide more intimate glimpses of Brennan's surprising refusal to hire female clerks, even as he wrote groundbreaking opinions relating to women's rights; the complex tension between his commitment to law and his Catholic beliefs; and new details on his unprecedented working relationship with Chief Justice Earl Warren. Drawing upon Wermiel's rare access to the Brennan case histories, half of which will not be released to the public until 2017, and his more than sixty hours of one-on-one interviews with Justice Brennan himself, the authors have crafted a compelling portrait of a judicial giant, filled with details and insights that will further cement Brennan's reputation as an epic playmaker during the Court's most liberal era.
This compelling work of historical non-fiction focuses on the progeny of the famous New York Times v. Sullivan Supreme Court Decision. It examines how Justice Brennan nurtured and developed the constitutional law of defamation and related claims. It provides the authoritative historical account of how an important body of constitutional law came to be. The Progeny offers fresh insights with respect to both what the law means and the process by which it was formulated.
Freedom for the Thought That We Hate by Anthony Lewis Pdf
More than any other people on earth, Americans are free to say and write what they think. The media can air the secrets of the White House, the boardroom, or the bedroom with little fear of punishment or penalty. The reason for this extraordinary freedom is not a superior culture of tolerance, but just fourteen words in our most fundamental legal document: the free expression clauses of the First Amendment to the Constitution. In Lewis's telling, the story of how the right of free expression evolved along with our nation makes a compelling case for the adaptability of our constitution. Although Americans have gleefully and sometimes outrageously exercised their right to free speech since before the nation's founding, the Supreme Court did not begin to recognize this right until 1919. Freedom of speech and the press as we know it today is surprisingly recent. Anthony Lewis tells us how these rights were created, revealing a story of hard choices, heroic (and some less heroic) judges, and fascinating and eccentric defendants who forced the legal system to come face-to-face with one of America's great founding ideas.
Author : Douglas M. Fraleigh,Joseph S. Tuman Publisher : SAGE Page : 472 pages File Size : 50,8 Mb Release : 2010-05-19 Category : Law ISBN : 9781452236902
Freedom of Expression in the Marketplace of Ideas by Douglas M. Fraleigh,Joseph S. Tuman Pdf
A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the "Marketplace of Ideas" metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in "big picture" issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions
