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Author: Jerome A. Barron Publisher: ISBN: 9781647089191 Category : Freedom of religion Languages : en Pages : 0
Book Description
"This product provides a short and readable source for individuals interested in First Amendment law and communications law. It is divided into four parts: the history, methodology, and philosophical foundations of the First Amendment; topics such as First Amendment issues that arise in connection with matters as varied as regulations affecting union dues, the speech of high school students, and what flags can fly on city hall flagpoles; issues in First Amendment law such as the public forum doctrine, the compelled speech doctrine, and the free expression rights of government employees; and the text, history, and theory of the religion clauses, chronicling the ongoing battle in the Supreme Court between accommodationists and separationists. The Sixth Edition brings the book up to date with modern First Amendment jurisprudence, including the Internet and the problem of hate speech, electoral spending, and other topics covered by recent Supreme Court cases and discussions."--
Author: Jerome A. Barron Publisher: ISBN: 9781647089191 Category : Freedom of religion Languages : en Pages : 0
Book Description
"This product provides a short and readable source for individuals interested in First Amendment law and communications law. It is divided into four parts: the history, methodology, and philosophical foundations of the First Amendment; topics such as First Amendment issues that arise in connection with matters as varied as regulations affecting union dues, the speech of high school students, and what flags can fly on city hall flagpoles; issues in First Amendment law such as the public forum doctrine, the compelled speech doctrine, and the free expression rights of government employees; and the text, history, and theory of the religion clauses, chronicling the ongoing battle in the Supreme Court between accommodationists and separationists. The Sixth Edition brings the book up to date with modern First Amendment jurisprudence, including the Internet and the problem of hate speech, electoral spending, and other topics covered by recent Supreme Court cases and discussions."--
Author: Floyd Abrams Publisher: Yale University Press ISBN: 0300190883 Category : Law Languages : en Pages : 170
Book Description
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.
Author: David M. O'Brien Publisher: Rowman & Littlefield Publishers ISBN: 1442205121 Category : Political Science Languages : en Pages : 152
Book Description
The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following two hundred years, Congress and the states have sought repeatedly to curb these freedoms. The Supreme Court of the United States in turn gradually expanded First Amendment protection for freedom of expression but also defined certain categories of expression_obscenity, defamation, commercial speech , and 'fighting words' or disruptive expression-as constitutionally unprotected. From the Alien and Sedition Act of 1798 to the most recent cases to come before the Supreme Court, noted legal scholar David M. O'Brien provides the first comprehensive examination of these exceptions to the absolute command of the First Amendment, providing a history of each category of unprotected speech and putting into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection. O'Brien provides readers interested in civil liberties, constitutional history and law, and the U. S. Supreme Court a treasure trove of information and ideas about how to think about the First Amendment.
Author: Eugene Volokh Publisher: ISBN: Category : Law Languages : en Pages : 1148
Book Description
The Third edition examines United States First Amendment law using expertly edited cases, original note materials, and class questions. The Third Edition includes, among other things:New units or subunits on statutory protections for cyberspace speech (47 U.S.C. 230) and liability for distributing others' false statements; Coverage of important new First Amendment cases dealing with campaign finance, expressive association, expressive conduct, compelled speech, student speech in K-12 schools, government endorsement of religion, discrimination in favor of religious exemption requests, and the Religious Freedom Restoration Act.
Author: Anthony Lewis Publisher: ReadHowYouWant.com ISBN: 1458758389 Category : History Languages : en Pages : 262
Book Description
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.
Author: Paul Horwitz Publisher: Harvard University Press ISBN: 0674070925 Category : Law Languages : en Pages : 490
Book Description
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.
Author: Laura E. Little Publisher: Aspen Publishing ISBN: 1543822290 Category : Law Languages : en Pages : 471
Book Description
Award-winning teacher and respected author of several volumes, Professor Laura Little has written a new book on the First Amendment. Following the proven Examples and Explanations format, the book covers all of the amendment’s major topics – with emphasis on speech and religion. Professor Little presents hypothetical examples that range from simple and straightforward to complex and rich. As a result, students using the book can acquire both basic and advanced knowledge of First Amendment doctrine. Equally important, this approach allows students the opportunity to practice their skill of marshalling arguments on many sides of contested legal issues. With its short chapters, the book is an exceptionally useful complement to any of the available casebooks in the field. Highlights of this E&E study aid (first edition): Professor Little brings her characteristically clear writing style and constitutional law expertise to the subject. The book’s organization enables students to choose the particular topics they need to study and that match the coverage of their course. The topics covered include a comprehensive review of the most recent U.S. Supreme Court decisions on speech, association, and religion as well as cutting edge issues raised by current events, including the COVID-19 pandemic. The concise explication of legal doctrine (and its uncertainties) ensure a baseline of student understanding and maximizes accessibility to difficult, abstract concepts. The book’s balance between simple and complex hypotheticals serves an array of student needs. While providing deep coverage of abstract concepts, the book includes many practical introductions to law practice reality. Professor Little has not only established her reputation as a constitutional scholar, but also comes to the subject with experience as a practicing First Amendment lawyer for the media. Professors and students will benefit from: Adaptable organization allows the book to complement any casebook. Figures, examples, explanations, and varying difficulty in the presented material ensure that the book will serve the needs of a variety of users and will appeal to different learning styles. Balance between theoretical and practical materials enables broad understanding.
Author: Ronald K.L. Collins Publisher: Top Five Books LLC ISBN: 1938938410 Category : Law Languages : en Pages : 526
Book Description
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
Author: David L. Lange Publisher: Stanford University Press ISBN: 0804763275 Category : Law Languages : en Pages : 613
Book Description
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.
Author: Jerome A. Barron
Author: Jerome A. Barron
Author: Floyd Abrams
Author: David M. O'Brien
Author: Eugene Volokh
Author: Anthony Lewis
Author: Paul Horwitz
Author: Steven H. Shiffrin
Author: Laura E. Little
Author: Ronald K.L. Collins
Author: David L. Lange