The First Amendment

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The Soul of the First Amendment

Floyd Abrams
The Soul of the First Amendment Book PDF

Author : Floyd Abrams
Publisher : Yale University Press
Page : 170 pages
File Size : 55,7 Mb
Release : 2017-01-01
Category : Law
ISBN : 9780300190885

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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.

First Things First

Ronald K.L. Collins,Will Creeley,David L. Hudson, Jr.
First Things First Book PDF

Author : Ronald K.L. Collins,Will Creeley,David L. Hudson, Jr.
Publisher : Top Five Books LLC
Page : 508 pages
File Size : 44,7 Mb
Release : 2019-09-09
Category : Law
ISBN : 9781938938412

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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

Freedom for the Thought That We Hate

Anthony Lewis
Freedom for the Thought That We Hate Book PDF

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

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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.

What's Wrong with the First Amendment

Steven H. Shiffrin
What s Wrong with the First Amendment Book PDF

Author : Steven H. Shiffrin
Publisher : Cambridge University Press
Page : 0 pages
File Size : 48,6 Mb
Release : 2016-10-18
Category : Law
ISBN : 1316613771

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What's Wrong with the First Amendment by Steven H. Shiffrin Pdf

What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political reasons.

The Short Life and Curious Death of Free Speech in America

Ellis Cose
The Short Life and Curious Death of Free Speech in America Book PDF

Author : Ellis Cose
Publisher : HarperCollins
Page : 167 pages
File Size : 45,6 Mb
Release : 2020-09-15
Category : Political Science
ISBN : 9780062999733

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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.

Our Democratic First Amendment

Ashutosh Bhagwat
Our Democratic First Amendment Book PDF

Author : Ashutosh Bhagwat
Publisher : Cambridge University Press
Page : 179 pages
File Size : 41,7 Mb
Release : 2020-06-04
Category : Law
ISBN : 9781108484800

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Our Democratic First Amendment by Ashutosh Bhagwat Pdf

This rediscovery of First Amendment rights offers both an engaging constitutional history and insight into contemporary political dialogue and society.

First Amendment Institutions

Paul Horwitz
First Amendment Institutions Book PDF

Author : Paul Horwitz
Publisher : Harvard University Press
Page : 490 pages
File Size : 42,6 Mb
Release : 2013-01-07
Category : Law
ISBN : 9780674070929

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First Amendment Institutions by Paul Horwitz Pdf

Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.

No Law

David L. Lange,H. Jefferson Powell
No Law Book PDF

Author : David L. Lange,H. Jefferson Powell
Publisher : Stanford University Press
Page : 456 pages
File Size : 42,7 Mb
Release : 2008-10-27
Category : Law
ISBN : 9780804763271

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No Law by David L. Lange,H. Jefferson Powell Pdf

The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.

The Negro and the First Amendment

Harry Kalven
The Negro and the First Amendment Book PDF

Author : Harry Kalven
Publisher : Columbus : Ohio State U. P
Page : 260 pages
File Size : 47,7 Mb
Release : 1965
Category : African Americans
ISBN : STANFORD:36105044116627

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The Negro and the First Amendment by Harry Kalven Pdf

Based on lectures at the Ohio State Law Forum in April, 1964, showing the impact of the Negro Civil Rights Movement on the U.S. Constitution First Amendment.

Lessons in Censorship

Catherine J. Ross
Lessons in Censorship Book PDF

Author : Catherine J. Ross
Publisher : Harvard University Press
Page : 366 pages
File Size : 53,5 Mb
Release : 2015-10-19
Category : Law
ISBN : 9780674915770

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Lessons in Censorship by Catherine J. Ross Pdf

American public schools censor controversial student speech that the Constitution protects. Catherine Ross brings clarity to court rulings that define speech rights of young citizens and proposes ways to protect free expression, arguing that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy.

The First Amendment in the Trump Era

Timothy Zick
The First Amendment in the Trump Era Book PDF

Author : Timothy Zick
Publisher : Oxford University Press, USA
Page : 193 pages
File Size : 51,9 Mb
Release : 2019
Category : Law
ISBN : 9780190073992

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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.

Madison's Music

Burt Neuborne
Madison s Music Book PDF

Author : Burt Neuborne
Publisher : New Press, The
Page : 216 pages
File Size : 51,7 Mb
Release : 2011-05-10
Category : Law
ISBN : 9781620970539

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Madison's Music by Burt Neuborne Pdf

“A detailed history of the transformation of First Amendment law” from one of the nation’s foremost civil liberties lawyers (The New York Times). Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires. “In the dark art of lawyering, Neuborne has always been considered a white knight.” —New York

The First Amendment

Geoffrey R. Stone,Louis Michael Seidman,Cass R. Sunstein,Mark V. Tushnet,Pamela S. Karlan
The First Amendment Book PDF

Author : Geoffrey R. Stone,Louis Michael Seidman,Cass R. Sunstein,Mark V. Tushnet,Pamela S. Karlan
Publisher : Aspen Publishers
Page : 0 pages
File Size : 45,6 Mb
Release : 2016
Category : Freedom of religion
ISBN : 1454868244

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The First Amendment by Geoffrey R. Stone,Louis Michael Seidman,Cass R. Sunstein,Mark V. Tushnet,Pamela S. Karlan Pdf

The casebook you asked for is here! Instructors nationwide have requested a First Amendment off-shoot from the best-selling Constitutional Law casebook by authors Stone, Seidman, Sunstein, and Tushnet. Now, Aspen is proud to meet that request with this current, concise, and focused volume designed expressly for a separate course or seminar dedicated to the First Amendment. Developed fromtheir chapters on Freedom of Expression and the Constitution and Religion, the authors focus 75 percent of the book on freedom of religion. The authors' annual supplement to their Constitutional Law casebook will now include any new developments or revisions to the First Amendment to keep this new text completely up-to-date.

Encyclopedia Of First Amendment Set

John Vile,David Schultz,David Hudson
Encyclopedia Of First Amendment Set Book PDF

Author : John Vile,David Schultz,David Hudson
Publisher : CQ Press
Page : 1464 pages
File Size : 42,5 Mb
Release : 2008-09-25
Category : Reference
ISBN : 0872893111

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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.

African Americans and the First Amendment

Timothy C. Shiell
African Americans and the First Amendment Book PDF

Author : Timothy C. Shiell
Publisher : State University of New York Press
Page : 226 pages
File Size : 48,8 Mb
Release : 2019-07-15
Category : Political Science
ISBN : 9781438475837

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African Americans and the First Amendment by Timothy C. Shiell Pdf

The first detailed examination of African Americans and First Amendment rights, from the colonial era to the present. African Americans and the First Amendment is the first book to explore in detail the relationship between African Americans and our “first freedoms,” especially freedom of speech. Timothy C. Shiell utilizes an interdisciplinary approach to demonstrate that a strong commitment to civil liberty and to racial equality are mutually supportive, as they share an opposition to orthodoxy and a commitment to greater inclusion and participation. This crucial connection is evidenced throughout US history, from the days of colonial and antebellum slavery to Jim Crow: in the landmark US Supreme Court decision in 1937 freeing the black communist Angelo Herndon; in the struggles and victories of the civil rights movement, from the late 1930s to the late ’60s; and in the historical and modern debates over hate speech restrictions. Liberty and equality can conflict in individual cases, Shiell argues, but there is no fundamental conflict between them. Robust First Amendment values protect and encourage demands for racial equality while weak First Amendment values, in contrast, lead to censorship and a chilling of demands for racial equality. Timothy C. Shiell is Professor of Philosophy at the University of Wisconsin–Stout. His books include Campus Hate Speech on Trial: Second Edition, Revised and Legal Philosophy: Selected Readings.