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First Amendment and Land Use Law by
Publication Date: 2001-09-01
First Amendment Law by
Publication Date: 2010-06-03
The Fourth Edition provides in-depth coverage of the freedoms of speech, press and association, as well as the free exercise and establishment clauses. The material covers in freestanding form all the chapters and materials relating to the First Amendment from Sullivan and Gunther's Constitutional Law, Seventeenth Edition. Highlights of the new edition include the Supreme Court's latest word on such contemporary First Amendment problems as restricting corporate expenditures in political campaigns and placing religious symbols on public property. The casebook also examines traditional areas of First Amendment law in light of new problems such as controlling radical jihadist speech. Students using this casebook will be well-equipped to litigate any area of First Amendment law
Freedom of Speech and Its Limits by
Publication Date: 1999-02-28
Freedom of speech is important but not absolute. Nearly everyone agree that law should prevent harm, even when that harm is inflicted through words. But how can we reconcile this with the value of freedom of expression? This book offers a principled approach to this vexed problem. Since the contents & the limits of freedom of speech are informed by its moral & political rationales, the discussion begins by considering the main philosophical arguments usually supplied for elevating freedom of speech above other social values. It then develops a framework for analyzing the relationship between speech & harm, & discusses the idea that legal restrictions on speech should be viewpoint-neutral. The book also examines the notion that speech restrictions may be a useful way of both equalizing expressive opportunities in society & remedying discrimination produced through speech acts. Various theoretical threads of the book are then drawn together to culminate in a discussion of one of the most controversial questions confronting modern democratic societies: should racially vilifying speech (hate speech) be prohibited by law? The book is addressed to philosophers of law, political theorists, constitutional lawyers & everyone interested in protecting civil rights.
Freedom of Expression in the 21st Century by
Publication Date: 1999-01-25
Precisely because freedom of expression varies across countries and cultures and across media types, freedom of expression is discussed across a spectrum of geopolitical and technological contexts.
Robert Trager and Donna L. Dickerson investigate the tensions between censorship and expression, to reveal how complex, culturally charged, and historically deep these tensions can be. Discussions are typically framed around social issues and set in contexts that allow readers to see connections between expression and commerce, politics, economics, class, race, and gender. The new frontier of digital communications, especially the Internet, is revealed as the latest battleground for law and social policy.
Freedom of Expression in the Supreme Court by
Publication Date: 2000-08-28
In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.
A First Amendment Profile of the Supreme Court by
Publication Date: 2011-09-09
"A First Amendment Profile of the Supreme Courti focuses on the nine justices of the United States Supreme Court and determines their frames for assessing First Amendment cases. In each of the chapters, a justice will be profiled in terms of his or her claims during the nomination hearings and the positions they have taken in significant Supreme Court decisions. The object of these chapters is to provide a rhetorical frame that each of these justices would find appealing regarding First Amendment case law"--"This book builds on Cicero's foundation by examining the Supreme Court of the United States in terms of how each justice determines his or her position in First Amendment cases. In addition, the profiles drawn in this study can help future Ciceros win their cases before the sitting Court"--
Hate Speech, Sex Speech, Free Speech by
Publication Date: 1997-06-01
A powerful indictment of contemporary attacks on free speech, this book argues for a vigorous First Amendment jurisprudence protecting even offensive types of speech. In recent years, political activists, academics, and legal specialists have attacked traditional notions of free speech protection as they concern hate speech, obscenity, and pornography. They have called for changes in Supreme Court doctrine in defining the First Amendment and have argued that the traditional view of free speech actually creates and perpetuates a society in which the weak—women, minorities, the poor—have no voice. While recognizing their fears, Nicholas Wolfson argues that it is impossible to separate bad speech from good speech without fatally compromising the uniquely American concept of free speech, and that efforts to modify our concept of free speech for a greater egalitarian good can only result in undue state influence over private speech. In a keenly argued analysis, he finds that, in the end, the preservation of free and vigorous speech requires a strong First Amendment protection for even the most hateful of speech.
Saving Our Children from the First Amendment by
Publication Date: 2006-03-01
View the Table of Contents . Read the Introduction . "Brave and appealing. Saunders deserves attention for challenging free-expression orthodoxy." American Journalism Review "This is an unusually thoughtful and sophisticated book about what freedom of speech means in the real world. Offers a clear, sensible, and rule-governed system of free speech for the younger generation." John Garvey, Boston College Law School The First Amendment is vital to our political system, our cultural institutions, and our routine social interactions with others. In this provocative book, Kevin Saunders asserts that freedom of expression can be very harmful to our children, making it more likely that they will be the perpetrators or victims of violence, will grow up as racists, or will use alcohol or tobacco. Saving Our Children from the First Amendmentexamines both the value and cost of free expression in America, demonstrating how an unregulated flow of information can be detrimental to youth. While the great value of the First Amendment is found in its protection of our most important political freedoms, this is far more significant for adults, who can fully grasp and benefit from the freedom of expression, than for children. Constitutional prohibitions on distributing sexual materials to children, Saunders proposes, should be expanded to include violent, vulgar, or profane materials, as well as music that contains hate speech. Saunders offers an insightful meditation on the problem of protecting our children from the negative effects of freedom of expression without curtailing First Amendment rights for adults.
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