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: David E. Kyvig Название: Unintended Consequences of Constitutional Amendment ISBN: 0820352691 ISBN-13(EAN): 9780820352695 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 11227.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Constitutional amendments, like all laws, may lead to unanticipated and even undesired outcomes. In this collection of original essays, a team of distinguished historians, political scientists, and legal scholars examines significant instances in which reform produced something other than the foreseen result.
Автор: Darling, Marsha Название: Race, Voting, Redistricting and the Constitution ISBN: 0815337191 ISBN-13(EAN): 9780815337195 Издательство: Taylor&Francis Рейтинг: Цена: 56654.00 р. Наличие на складе: Поставка под заказ.
Автор: Aaron Kerkman, Kerkman Название: 1913 ISBN: 1718905424 ISBN-13(EAN): 9781718905429 Издательство: Неизвестно Рейтинг: Цена: 2233.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Simmons takes a broad look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. This book will appeal to academics and students in the field of law, criminology, and political science, and will be of interest to policymakers, judges, lawyers, and lawmakers.
The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
Описание: When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the “persons, houses, papers, and effects” they meant to protect; nor was it hard to understand what “unreasonable searches and seizures” were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from “effects” to “seizures” has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and MYUjurisprudence over time, with particular emphasis on decisions of the Roberts Court. Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court’s relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court’s small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia.At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome—an invaluable resource as weaddress the enduring question of how to balance freedom against security in the context of the challenges of the twenty-firstcentury.
Автор: Charles Wallace Collins Название: The Fourteenth Amendment and the States ISBN: 1475714440 ISBN-13(EAN): 9781475714449 Издательство: Springer Рейтинг: Цена: 6986.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The author`s thanks are due to the editors of the following periodicals for the courtesy of extending to him the copyright privileges for the use of the material vii VUl PREFACE in the chapters mentioned below: The American Law Review for Chapters V and VI;
Описание: During the 1990s and early 2000s in Europe, more than fifty historical commissions were created to confront, discuss, and document the genocide of the Holocaust and to address some of its unresolved injustices.Amending the Past offers the first in-depth account of these commissions, examining the complexities of reckoning with past atrocities and large-scale human rights violations.Alexander Karn analyzes more than a dozen Holocaust commissions—in Germany, Switzerland, France, Poland, Austria, Latvia, Lithuania, and elsewhere— in a comparative framework, situating each in the context of past and present politics, to evaluate their potential for promoting justice and their capacity for bringing the perspectives of rival groups more closely together. Karn also evaluates the media coverage these commissions received and probes their public reception from multiple angles.Arguing that historical commissions have been underused as a tool for conflict management, Karn develops a program for historical mediation and moral reparation that can deepen democratic commitment and strengthen human rights in both transitional regimes and existing liberal states.
Описание: During the 1990s and early 2000s in Europe, more than fifty historical commissions were created to confront, discuss, and document the genocide of the Holocaust and to address some of its unresolved injustices. Amending the Past offers the first in-depth account of these commissions, examining the complexities of reckoning with past atrocities and large-scale human rights violations.Alexander Karn analyzes more than a dozen Holocaust commissions?in Germany, Switzerland, France, Poland, Austria, Latvia, Lithuania, and elsewhere?in a comparative framework, situating each in the context of past and present politics, to evaluate their potential for promoting justice and their capacity for bringing the perspectives of rival groups more closely together. Karn also evaluates the media coverage these commissions received and probes their public reception from multiple angles.Arguing that historical commissions have been underused as a tool for conflict management, Karn develops a program for historical mediation and moral reparation that can deepen democratic commitment and strengthen human rights in both transitional regimes and existing liberal states.
Описание: This book provides a brief intellectual and constitutional history of the Article V amending process from the Imperial Crisis until the present and shows Article V to be a vital part of the Constitutional architecture.
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