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The Cosmopolitan First Amendment by Timothy Zick Pdf
"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 U.S. shores. The examination reveals a cosmopolitan First Amendment that protects robust cross-border conversation and commingling, facilitates the global spread of democratic principles, recognizes expressive and religious liberties regardless of location, is influential across the world despite its exceptionalist character, and encourages respectful engagement with the liberty regimes of other nations. The cosmopolitan First Amendment is the product of a variety of historical, social, political, technological, and legal developments. Its principles and justifications are presented through an examination of the First Amendment's relationship to foreign travel, immigration, cross-border communication and association, religious activities that traverse international borders, conflicts among foreign and U.S. speech and religious liberty models, and the conduct of international affairs and diplomacy"--
The Cosmopolitan First Amendment by Timothy Zick Pdf
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 First Amendment in the Trump Era by Timothy Zick Pdf
Regardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the "enemy of the people." He has proposed that flag burners be jailed and denaturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy; political and other forms of polarization are on the rise; and protesters face diminished space and opportunities for exercising free speech rights. This book catalogues and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context--as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and the press. We must understand both what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.
Geoffrey R. Stone,Louis M. Seidman,Cass R. Sunstein,Mark V. Tushnet,Pamela S. Karlan,Aziz Z. Huq,Leah Litman
Author : Geoffrey R. Stone,Louis M. Seidman,Cass R. Sunstein,Mark V. Tushnet,Pamela S. Karlan,Aziz Z. Huq,Leah Litman Publisher : Aspen Publishing Page : 608 pages File Size : 44,5 Mb Release : 2024 Category : Law ISBN : 9798889063025
The First Amendment by Geoffrey R. Stone,Louis M. Seidman,Cass R. Sunstein,Mark V. Tushnet,Pamela S. Karlan,Aziz Z. Huq,Leah Litman Pdf
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. From the same authorship team behind the highly successful Constitutional Law and among the leading casebooks in the field, The First Amendment provides a comprehensive and accessible review of speech and religion jurisprudence under the First Amendment. The eminent authorship team, whose members are distinguished both in teaching and scholarship, combines textual, historical, theoretical, and doctrinal approaches in an inclusive and creative survey of the essential elements of modern First Amendment doctrine. It has been completely updated to incorporate recent developments in the field, including campaign finance and government speech, and provides a broader discussion of modern First Amendment issues, including those related to modern technology. New to the Seventh Edition: ● New material on recent developments in free speech and press doctrine Discussion of the implications of Iancu v. Brunetti, dealing with the constitutionality of a federal law prohibiting the registration of "disparaging" trademarks Discussion of the issue of flags on government property in Shurtleff v. Boston Discussion of campaign finance regulation in Federal Elections Commission v. Ted Cruz Discussion of the Court's controversial 2023 decision in Counterman v. Colorado Discussion of the Court's controversial 2023 decision in 303 Creative v. Elenis ● New material on recent developments in religion clause doctrine Discussion of the implications of the Bladensburg Cross case for the doctrine replacing the Lemon test Discussion of the Court's elaboration of the "individualized determination" component of the Smith test, including its application in COVID related cases and in Fulton v. Philadelphia Professors and students will benefit from: ● Rigorous questions in the Notes ● Carefully selected and challenging excerpts from articles and books by leading First Amendment scholars ● Thoughtful organization of topics and cases designed to challenge students and to illuminate the evolution and current state of First Amendment jurisprudence
The First Amendment by Ronald J. Krotoszynski,Lyrissa C. Barnett Lidsky,Caroline M. Corbin,Timothy Zick Pdf
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook 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, plus an outline tool and other helpful resources. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties. The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court’s decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students’ mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including “low value” speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the “Lemon,” “endorsement,” “coercion,” and “history and tradition” tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions
The First Amendment in the Trump Era by Timothy Zick Pdf
Regardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the "enemy of the people." He has proposed that flag burners be jailed and denaturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy; political and other forms of polarization are on the rise; and protesters face diminished space and opportunities for exercising free speech rights. This book catalogues and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context--as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and the press. We must understand both what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.
CQ Researcher’s Global Issues offers an in-depth and nuanced look at a wide range of today’s most pressing issues. The 2016 edition of this annual reader looks at topics such as the European migration crisis, terrorism in Africa, emerging infectious diseases, robotic warfare, and restoring ties with Cuba. And because it’s CQ Researcher, the reports are expertly researched and written. Each chapter identifies the key players, explores what’s at stake, and offers the background and analysis necessary to understand how past and current developments impact the future of each issue.
Transnational Culture in the Internet Age by Sean A. Pager,Adam Candeub Pdf
Digital technology has transformed global culture, connecting and empowering users on a hitherto unknown scale. Existing paradigms from intellectual property rights to cultural diversity and telecommunications regulation seem increasingly obsolete, confounding policymakers and provoking wide-ranging debate. Transnational Culture in the Internet Age draws on a range of disciplines to examine new approaches to regulating communications and cultural production. The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post – one of the first and most prominent scholars of cyber law and a contributor to this volume – the authors address the implications and economics of the Internet's astronomical scale, jurisdiction and enforcement of the web as it relates to topics including libel tourism and threats to free speech, and the power of global communication to dissolve and recreate identities. Ideal for students and scholars of innovation, technology, cyber law and communication, Transnational Culture in the Internet Age will be a valuable addition to any library.
Freedom of information is a principle commonly associated with the United States’ First Amendment traditions or digital-era technology boosters. Barriers Down reveals its unexpected origins in political, economic, and cultural battles over analog media in the mid-twentieth century. Diana Lemberg traces how the United States shaped media around the world after 1945 under the banner of the “free flow of information,” showing how the push for global media access acted as a vehicle for American power. Barriers Down considers debates over civil liberties and censorship in Nazi Germany, the Soviet Union, and elsewhere alongside Americans’ efforts to circumvent foreign regulatory systems in the quest to expand markets and bring their ideas to new publics. Lemberg shows how in the decades following the Second World War American free-flow policies reshaped the world’s information landscape, though not always as intended. Through burgeoning information diplomacy and development aid, Washington diffused new media ranging from television and satellite broadcasting to global English. But these actions also spurred overseas actors to articulate alternative understandings of information freedom and of how information flows might be regulated. Bridging the historiographies of the United States in the world, human rights, decolonization and development, and media and technology, Barriers Down excavates the analog roots of digital-age debates over the politics and ethics of transnational information flows.
'Privacy Revisited' articulates the legal meanings of privacy and dignity through the lens of comparative law, and argues that the concept of privacy requires a more systematic approach if it is to be useful in framing and protecting certain fundamental autonomy interests.
The Palgrave Handbook of Cross-Border Journalism by Liane Rothenberger,Martin Löffelholz,David H. Weaver Pdf
This handbook critically analyzes cross‐border news production and “transnational journalism cultures” in the evolving field of cross-border journalism. As the era of the internet hasfurther expanded the border‐transcending production, dissemination andreception of news, and with transnational co‐operations like the European Broadcasting Union and BBC World News demonstrating different kinds of cross‐border journalism, the handbook considers the field with a range of international contributions. It explores cross-border journalism from conceptual and empirical angles and includes perspectives on the the systemic contexts of cross‐border journalism, its structures and routines, changes in production processes, and the shifting roles of actors in digital environments. It examines cross-border journalism across regions and concludes with discussions on the future of cross-border journalism, including the influence of automation, algorithmisation, virtual reality and AI.
Cosmopolitanism and Its Discontents seeks to address the kinds of challenges that cosmopolitan perspectives and practices face in a world organized increasingly in relation to a proliferating series of global absolutisms – religious, political, social, and economic. While these challenges are often used to support the claim that cosmopolitanism is impotent to resist such totalizing ideologies because it is either a Western conceit or a globalist fiction, Gunn argues that cosmopolitanism is neither. Situating his discussion in an emphatically global context, Gunn shows how cosmopolitanism has been effective in resisting such essentialisms and authoritarianisms precisely because it is more pragmatic than prescriptive, more self-critical than self-interested and finds several of its foremost recent expressions in the work of an Indian philosopher, a Palestinian writer, and South African story-tellers. This kind of cosmopolitanism offers a genuine ethical alternative to the politics of dogmatism and extremism because it is grounded on a new delineation of the human and opens toward a new, indeed, an "other," humanism.
Author : Howard H. Schweber Publisher : Peter Lang Incorporated, International Academic Publishers Page : 444 pages File Size : 44,7 Mb Release : 2003 Category : History ISBN : STANFORD:36105111878356
Speech, Conduct & the First Amendment by Howard H. Schweber Pdf
Speech, Conduct, and the First Amendment offers a concise yet thorough review of all areas of First Amendment jurisprudence, including historical background and the most recent developments. Points of difference - as well as agreement - among justices of the Supreme Court are connected to broader theories of First Amendment and constitutional interpretation and politics. The presentation of substantial case excerpts and selected secondary materials provide opportunities for critical analysis, and readers are encouraged to reach their own conclusions about the relative merits of different interpretative approaches, while becoming familiar with the full range of past and present theories about the meaning of the First Amendment.
