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: Grover, Sonja (Lakehead University, Canada) Название: Democratic Rule of Law on Trial ISBN: 0367721813 ISBN-13(EAN): 9780367721817 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in the understanding of democratic rule of law globally.
Автор: Jesse H. Choper, Frederick Schauer Название: The First Amendment: Cases-Comments-Questions ISBN: 1642426857 ISBN-13(EAN): 9781642426854 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 37145.00 р. Наличие на складе: Поставка под заказ.
Описание: Now in its seventh edition, this casebook is designed for a two- or three-unit course in the First Amendment. It has been thoroughly revised, tightened, and updated. The authors expose students to original perspectives or perspectives they might otherwise miss. Notes and questions enable students to study the variety of competing views.
A user’s guide to understanding contemporary free speech issues in the United States
Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.
A look at First Amendment coverage of music, non-representational art, and nonsense
The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schoenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning.
As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy?
Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
Автор: Breidenbach Michael D Название: Cambridge Companion to the First Amendment and Religious Lib ISBN: 1108405290 ISBN-13(EAN): 9781108405294 Издательство: Cambridge Academ Рейтинг: Цена: 5702.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers accessible, scholarly insights on the First Amendment and religious liberty to undergraduate and graduate students in philosophy, law, history, and religious studies. Recent Supreme Court cases concerning religious liberty and related controversies in American culture make this book of wide interest to the general public as well.
Автор: Craig R. Smith, Kevin A. Johnson Название: Fear and the First Amendment: Controversial Cases of the Roberts Court ISBN: 0817361456 ISBN-13(EAN): 9780817361457 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 5010.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A highly original account of the role that fear plays in key First Amendment cases ruled on by the Roberts Supreme Court
In Fear and the First Amendment, Kevin A. Johnson and Craig R. Smith offer a deeply considered examination of the ways fear figures in First Amendment questions ruled on by the contemporary Supreme Court. Bringing together literature on theories of fear in rhetorical and philosophical traditions, Johnson and Smith focus on the rulings from the Roberts Court, which form a pivotal era of dramatic precedents. Each chapter in this book analyzes one or more First Amendment cases and a variety of related fears—whether evidentiary or not—that pertain to a given case.
These cases include Morse v. Frederick, which takes up the competing fears of school administrators’ loss of authority and students’ loss of free speech rights. The authors touch on corporate funding of elections in Citizens United v. Federal Elections Commission, from the fear of corporate influence on electoral politics to corporate fears of alienating their consumers by backing political candidates. They explore religious freedom and fears of homosexuality in Christian Legal Society v. Martinez. Similarly, in Snyder v. Phelps, the authors delve further into fears of God, death, emotional distress, failing as a parent, and losing one’s reputation. Next, they investigate parents’ anxieties about violence in video games in Brown v. Entertainment Merchants Association. Finally, Johnson and Smith examine the role of fear in indecent, obscene, and graphic communication in three cases: FCC v. Fox Television Stations, Ashcroft v. American Civil Liberties Union, and United States v. Stevens.
Together these cases reveal fear to be an endemic factor in the rhetoric of First Amendment cases. This fascinating and original work will appeal to current legal practitioners and students of law, rhetoric, philosophy, and the First Amendment.
Автор: Roznai, Yaniv Название: Unconstitutional constitutional amendments ISBN: 0198768796 ISBN-13(EAN): 9780198768791 Издательство: Oxford Academ Рейтинг: Цена: 14414.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
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: 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.
Описание: Examines the First Amendment using expertly-edited cases, summaries of the law, analysis of the structure of policy arguments, and problems for class discussion. The new edition features updated coverage of speech compulsions, speech using government benefits, endorsement of religion, prior restraints, speech at public universities, and more.
Автор: Russomanno, Joseph Название: Defending the First ISBN: 0805849254 ISBN-13(EAN): 9780805849257 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
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