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Author: Ronald J. Krotoszynski Publisher: Cambridge University Press ISBN: 110848154X Category : Law Languages : en Pages : 411
Book Description
Shows that while the Supreme Court enforces some First Amendment rights vigorously, it often fails to protect ordinary citizens' expressive freedoms.
Author: Ronald J. Krotoszynski Publisher: Cambridge University Press ISBN: 110848154X Category : Law Languages : en Pages : 411
Book Description
Shows that while the Supreme Court enforces some First Amendment rights vigorously, it often fails to protect ordinary citizens' expressive freedoms.
Author: Ronald J. Krotoszynski, Jr. Publisher: Cambridge University Press ISBN: 1108597432 Category : Law Languages : en Pages :
Book Description
The standard account of the First Amendment presupposes that the Supreme Court has consistently expanded the scope of free speech rights over time. This account holds true in some areas, but not in others. In this illuminating work, Ronald J. Krotoszynski, Jr acknowledges that the contemporary Supreme Court rigorously enforces the rules against content and viewpoint discrimination for those who possess the wherewithal to speak but when citizens need the government's assistance to speak - for example, access to public property for protest - free speech rights have declined. Instead of using open-ended balancing tests, the Roberts and Rehnquist Courts have opted for bright line, categorical rules that minimize judicial discretion. Opportunities for democratic engagement could be enhanced, however, if the federal courts returned to the Warren Court's balancing approach and vested federal judges with discretionary authority to require government to assist would-be speakers. This book should be read by anyone concerned with free speech and its place in democratic self-government.
Author: Jeremy Geltzer Publisher: University of Texas Press ISBN: 1477307435 Category : Performing Arts Languages : en Pages : 385
Book Description
Boxing, porn, and the beginnings of movie censorship -- The rise of salacious cinema -- State regulations emerge -- Mutual and the capacity for evil -- War, nudity, and birth control -- Self-regulation reemerges -- Midnight movies and sanctioned cinema -- Sound enters the debate -- Tension increases between free speech and state censorship -- Threats from abroad and domestic disturbances -- Outlaws and miracles -- State censorship statutes on the defense -- Devil in the details : film and the Fourth and Fifth Amendments -- Dirty words : profanity and the patently offensive -- Filthy pictures : obscenity from nudie cuties to fetish films -- The porno chic : from Danish loops to Deep throat -- Just not here : content regulation through zoning -- Is censorship necessary? -- The politics of profanity
Author: Lee C. Bollinger Publisher: ISBN: 0190841370 Category : Law Languages : en Pages : 377
Book Description
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Author: Michael P. Fix Publisher: Cambridge University Press ISBN: 1108864872 Category : Law Languages : en Pages : 209
Book Description
US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents – Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago – Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.
Author: Thomas Scanlon Publisher: Cambridge University Press ISBN: 9780521533980 Category : Law Languages : en Pages : 290
Book Description
These essays in political philosophy by T. M. Scanlon, written between 1969 and 1999, examine the standards by which social and political institutions should be justified and appraised. Scanlon explains how the powers of just institutions are limited by rights such as freedom of expression, and considers why these limits should be respected even when it seems that better results could be achieved by violating them. Other topics which are explored include voluntariness and consent, freedom of expression, tolerance, punishment, and human rights. The collection includes the classic essays 'Preference and Urgency', 'A Theory of Freedom of Expression', and 'Contractualism and Utilitarianism', as well as a number of other essays that have hitherto not been easily accessible. It will be essential reading for all those studying these topics from the perspective of political philosophy, politics, and law.
Author: Ganesh Sitaraman Publisher: Vintage ISBN: 0451493923 Category : Law Languages : en Pages : 433
Book Description
In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. A New York Times Notable Book of 2017 For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.
Author: Patrick M. Garry Publisher: Transaction Publishers ISBN: 9780765803221 Category : Law Languages : en Pages : 188
Book Description
Since ratification of the First Amendment in the late eighteenth century, there has been a sea change in American life. When the amendment was ratified, individuals were almost completely free of unwanted speech; but today they are besieged by it. Indeed, the First Amendment has, for all practical purposes, been commandeered by the media to justify intrusions of offensive speech into private life. In its application, the First Amendment has become one-sided. Even though America is virtually drowning in speech, the First Amendment only applies to the speaker's delivery of speech. Left out of consideration is the one participant in the communications process who is the most vulnerable and least protected--the helpless recipient of offensive speech. In Rediscovering a Lost Freedom, Patrick Garry addresses what he sees as the most pressing speech problem of the twenty-first century: an often irresponsible media using the First Amendment as a shield behind which to hide its socially corrosive speech. To Garry, the First Amendment should protect the communicative process as a whole. And for this process to be free and open, listeners should have as much right to be free from unwanted speech as speakers do of not being thrown in jail for uttering unpopular ideas. Rediscovering a Lost Freedom seeks to modernize the First Amendment. With other constitutional rights, changed circumstances have prompted changes in the law. Restrictions on political advertising seek to combat the perceived influences of big money; the Second Amendment right to bear arms, due to the prevalence of violence in America, has been curtailed; and the Equal Protection clause has been altered to permit affirmative action programs aimed at certain racial and ethnic groups. But when it comes to the flood of violent and vulgar media speech, there has been no change in First Amendment doctrines. This work proposes a government-facilitated private right to censor. Rediscovering a Lost Freedom will be of interest to students of American law, history, and the U.S. Constitution.
Author: Ronald J. Krotoszynski
Author: Ronald J. Krotoszynski
Author: Ronald J. Krotoszynski, Jr.
Author: Steven H. Shiffrin
Author: Jeremy Geltzer
Author: Lee C. Bollinger
Author: Larry Alexander
Author: Michael P. Fix
Author: Thomas Scanlon
Author: Ganesh Sitaraman
Author: Patrick M. Garry