Описание: A controversial argument for reconsidering the limits of free speech
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Автор: Dreisbach, Christopher Название: Constitutional literacy ISBN: 1137567988 ISBN-13(EAN): 9781137567987 Издательство: Springer Рейтинг: Цена: 16070.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book considers the status of constitutional literacy in the United States along with ways to assess and improve it. Based on the author`s decades of teaching in law enforcement agencies around the country, this book argues for the moral and pragmatic value of constitutional literacy and its application in twenty-first century society.
Автор: Chen Название: Constitutionalism in Asia in the Early Twenty-First Century ISBN: 1107043417 ISBN-13(EAN): 9781107043411 Издательство: Cambridge Academ Рейтинг: Цена: 17424.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A collection of essays examining the latest constitutional developments in sixteen East, Southeast and South Asian countries since the beginning of the twenty-first century. With comparative, historical and analytical perspectives on Asian constitutionalism, this will appeal to students and scholars interested in the origins or contemporary manifestations of constitutionalism in Asia.
Автор: Shiffrin Название: What`s Wrong with the First Amendment ISBN: 1107160960 ISBN-13(EAN): 9781107160965 Издательство: Cambridge Academ Рейтинг: Цена: 15682.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book argues that America`s love affair with the First Amendment has become a form of idolatry, jeopardizing privacy, equality, fair trials, public health and democracy. It will be of interest to the general reader, as well as to students, academics and political commentators of law, politics, history and journalism.
Автор: Redish Martin H Название: Adversary First Amendment ISBN: 0804772150 ISBN-13(EAN): 9780804772150 Издательство: Wiley EDC Рейтинг: Цена: 7722.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
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.
Описание: This book is the first full-length entry into the academic debate about Article V by an author with judicial credentials. It includes the proposal of a plan to conduct an Article V convention. The work will generate reactions and commentary from scholars, as well as from elected officials whose positions might be affected by convention proposals.
Описание: A controversial argument for reconsidering the limits of free speech
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Автор: Magarian Gregory P Название: Managed Speech ISBN: 0190466790 ISBN-13(EAN): 9780190466794 Издательство: Oxford Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment law. It argues that this Court has consistently used First Amendment law to promote a limited view of freedom, while bolstering social and political stability.
Автор: Appleman Название: Defending the Jury ISBN: 1107043549 ISBN-13(EAN): 9781107043541 Издательство: Cambridge Academ Рейтинг: Цена: 8395.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book exposes the various challenges the American criminal justice system faces because of its ongoing failure to integrate the community`s voice. It sets forth a new approach to twenty-first-century criminal justice and punishment, one that fully involves the community, providing a better way to make our criminal process more transparent and inclusive.
Автор: Lave, Tamara Rice (university Of Miami) Название: Sexual assault on campus ISBN: 1108825907 ISBN-13(EAN): 9781108825900 Издательство: Cambridge Academ Рейтинг: Цена: 3642.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines how campus sexual assault can be adjudicated with fairness and transparency for both victims and the accused. It Includes excerpts from interviews with complainants, accused students, and administrators and culminates in a critical, in-depth look at the new Title IX regulations put in place under President Trump.
Автор: Tamara Rice Lave Название: Sexual Assault on Campus: Defending Due Process ISBN: 1108843573 ISBN-13(EAN): 9781108843577 Издательство: Cambridge Academ Рейтинг: Цена: 11563.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines how campus sexual assault can be adjudicated with fairness and transparency for both victims and the accused. It Includes excerpts from interviews with complainants, accused students, and administrators and culminates in a critical, in-depth look at the new Title IX regulations put in place under President Trump.
Описание: In recent years, our constitutional order has increasingly come under attack as irredeemably undemocratic, racist, and oppressive. At the same time, it is increasingly obvious that political practices in the United States have strayed very far from the founders' designs and become deeply dysfunctional. The time is thus ripe for renewed reflection about the American political tradition.This volume reintroduces readers to the conservative tradition of political and constitutional discourse. It brings together prominent political scientists and legal scholars, all of whom were deeply influenced by the life and work of the eminent constitutional scholar George W. Carey. For over 40 years, Carey strove mightily to explain the nature and requirements of our political tradition. How it fostered meaningful, virtuous self-government, and how our constitutional tradition has been derailed by progressivist ideology. He is perhaps best known for his concept of "constitutional morality," the understanding that our republican constitutional order can be sustained only by a combination of formal mechanisms (e.g., separation of powers) and unwritten norms ("standards of behavior") that act to foster deliberation and consensus, as well as keep political actors within the boundaries of their constitutional offices.
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