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Author: Steven H. Shiffrin Publisher: Princeton University Press ISBN: 1400822963 Category : Law Languages : en Pages : 219
Book Description
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
Author: Steven H. Shiffrin Publisher: Princeton University Press ISBN: 1400822963 Category : Law Languages : en Pages : 219
Book Description
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
Author: Ronald K. L. Collins Publisher: Cambridge University Press ISBN: 1107067065 Category : Law Languages : en Pages : 201
Book Description
America values dissent. It tolerates, encourages and protects it. But what is this thing we value? That is a question never asked. 'Dissent' is treated as a known fact. For all that has been said about it - in books, articles, judicial opinions, and popular culture - it is remarkable that no one has devoted much, if any, ink to explaining what dissent is. No one has attempted to sketch its philosophical, linguistic, legal or cultural meanings or usages. There is a need to develop some clarity about this phenomenon, for not every difference of opinion, symbolic gesture, public activity in opposition to government policy, incitement to direct action, revolutionary effort or political assassination need be tagged dissent. In essence, we have no conceptual yardstick. It is just that measure of meaning that On Dissent offers.
Author: Ralph F. Young Publisher: Longman Publishing Group ISBN: Category : Biography & Autobiography Languages : en Pages : 516
Book Description
This concise collection of primary sources presents the story of US History as told by dissenters who, throughout the course of American history, have fought to gain rights they believed were denied to them or others, or who disagreed with the government or majority opinion. Each document is introduced by placing it in its historical context, and thought-provoking questions are provided to focus the student when s/he reads the text. Instructors are at liberty to choose the documents that best highlight themes they wish to emphasize.
Author: Stephen D. Solomon Publisher: St. Martin's Press ISBN: 1466879394 Category : History Languages : en Pages : 368
Book Description
When members of the founding generation protested against British authority, debated separation, and then ratified the Constitution, they formed the American political character we know today-raucous, intemperate, and often mean-spirited. Revolutionary Dissent brings alive a world of colorful and stormy protests that included effigies, pamphlets, songs, sermons, cartoons, letters and liberty trees. Solomon explores through a series of chronological narratives how Americans of the Revolutionary period employed robust speech against the British and against each other. Uninhibited dissent provided a distinctly American meaning to the First Amendment's guarantees of freedom of speech and press at a time when the legal doctrine inherited from England allowed prosecutions of those who criticized government. Solomon discovers the wellspring in our revolutionary past for today's satirists like Jon Stewart and Stephen Colbert, pundits like Rush Limbaugh and Keith Olbermann, and protests like flag burning and street demonstrations. From the inflammatory engravings of Paul Revere, the political theater of Alexander McDougall, the liberty tree protests of Ebenezer McIntosh and the oratory of Patrick Henry, Solomon shares the stories of the dissenters who created the American idea of the liberty of thought. This is truly a revelatory work on the history of free expression in America.
Author: Richard Delgado Publisher: ISBN: Category : Languages : en Pages : 26
Book Description
Under the influence of radical feminism and critical race theory, the last remnant of 1890s mechanical jurisprudence is beginning to give way to a view of speech that is flexible, policy-sensitive, and mindful of communication theory, politics, and setting. Steven Shiffrin's Dissent, Injustice, and the Meanings of America is a welcome addition to this emerging quot;First Amendment legal realismquot; vein of scholarship.This Review begins in Part I by outlining Shiffrin's book, paying particular attention to its principal themes of flexibility of analysis on the procedural side and encouragement of citizen participation and dissent on the substantive side. As Part II will make plain, an interpretation of First Amendment law that places dissent at its center and protects speech insofar as it takes the form of dissent offers a vital corrective to social apathy and domination by big corporations. Nevertheless, any approach to free speech law that emphasizes (even flexibly) a single variable has overtones of the old formalist approach and is apt to work injustice in certain cases. In particular, Part II, which focuses on Shiffrin's treatment of hate speech, shows that, although he comes to the correct general conclusion by way of his dissent-based approach, Shiffrin loses nuance by framing the problem in that fashion. Part III outlines additional features that future realist analysis should consider. Part IV draws on all of the above to posit a number of practical solutions to the problem of regulating hate speech. The book review concludes with some lessons that realist First Amendment scholars should draw from Shiffrin's book, both from its formidable strengths as well as from its occasional lapses.
Author: Austin Sarat Publisher: Cambridge University Press ISBN: 1107014239 Category : Law Languages : en Pages : 251
Book Description
Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.
Author: Robert G. McCloskey Publisher: University of Chicago Press ISBN: 0226556832 Category : Law Languages : en Pages : 754
Book Description
Celebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Author: Omar Swartz Publisher: Peter Lang ISBN: 9781433107313 Category : Language Arts & Disciplines Languages : en Pages : 192
Book Description
In exploring how John Dewey's notion of a «creative democracy» can be cultivated and advanced through a heightened awareness of the ways in which communication shapes individuals and society, this book helps scholars, activists, and citizens to rethink commonly accepted notions of community in order to imagine new possibilities for social, political, and economic organization - in short, new ways of imagining solidarity and citizenship with others, especially those who languish outside the range of our moral radar.
Author: Steven H. Shiffrin
Author: Steven H. Shiffrin
Author: Ronald K. L. Collins
Author: Ralph F. Young
Author: Ralph F. Young
Author: Stephen D. Solomon
Author: Richard Delgado
Author: Austin Sarat
Author: Steven H. Shiffrin
Author: Robert G. McCloskey
Author: Omar Swartz