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Book Synopsis A First Amendment Profile of the Supreme Court by : Craig Smith
Download or read book A First Amendment Profile of the Supreme Court written by Craig Smith and published by University of Delaware. This book was released on 2011-06-16 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: A First Amendment Profile of the Supreme Court 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.
Book Synopsis A First Amendment Profile of the Supreme Court by : Craig Smith
Download or read book A First Amendment Profile of the Supreme Court written by Craig Smith and published by Rowman & Littlefield. This book was released on 2011-06-16 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--Provided by publisher.
Book Synopsis The Disappearing First Amendment by : Ronald J. Krotoszynski, Jr.
Download or read book The Disappearing First Amendment written by Ronald J. Krotoszynski, Jr. and published by Cambridge University Press. This book was released on 2019-10-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Freedom of Expression in the Supreme Court by : Terry Eastland
Download or read book Freedom of Expression in the Supreme Court written by Terry Eastland and published by Rowman & Littlefield. This book was released on 2000 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Make No Law written by Anthony Lewis and published by Vintage. This book was released on 2011-04-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis. The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize Pulitzer Prize–winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers—and ordinary citizens—can print or say.
Book Synopsis The First Amendment by : Ronald J. Krotoszynski
Download or read book The First Amendment written by Ronald J. Krotoszynski and published by Aspen Publishing. This book was released on 2022-09-08 with total page 1404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties. The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court’s decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students’ mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including “low value” speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage – including coverage of the Supreme Court’s major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the “Lemon,” “endorsement,” “coercion,” and “history and tradition” tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions
Book Synopsis Friend of the Court by : Floyd Abrams
Download or read book Friend of the Court written by Floyd Abrams and published by Yale University Press. This book was released on 2013-06-04 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1971, when the Pentagon Papers were leaked to the New York Times and furious debate over First Amendment rights ensued, free-speech cases have emerged in rapid succession. Floyd Abrams has been on the front lines of nearly every one of these major cases, which is also to say that, more than any other person, he has forged this country’s legal understanding of free speech. Litigating everything from national-security and prior-restraint issues to controversies concerning the law of libel and attempts by local officials to censor art, Abrams has worked devotedly to protect the First Amendment, the “crown jewel” of America’s Constitution. This collection of Abrams’s writings gathers speeches, articles, debates, briefs, oral arguments, and testimony from his entire career. The writings illuminate topics of ongoing import: WikiLeaks, the correctness of the Citizens United case, journalist shield laws, and, not least, the responsibilities of the press. An exceptional writer and a brilliant thinker, Abrams offers a unique perspective on the First Amendment and the unparalleled rights it confers.
Book Synopsis The First Amendment in Cross-Cultural Perspective by : Ronald J. Krotoszynski Jr.
Download or read book The First Amendment in Cross-Cultural Perspective written by Ronald J. Krotoszynski Jr. and published by NYU Press. This book was released on 2009-03 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Amendment—and its guarantee of free speech for all Americans—has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine. Ronald J. Krotoszynski, Jr., compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom—countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular—and largely American—assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.
Book Synopsis Free Speech for Some by : William Bennett Turner
Download or read book Free Speech for Some written by William Bennett Turner and published by . This book was released on 2020-09-08 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Has the First Amendment become a tool to promote the conservative agenda? On June 27, 2018, Justice Elena Kagan, dissenting from the Supreme Court's decision in a free speech case, accused the Roberts Court majority of "weaponizing the First Amendment"--of "turning the First Amendment into a sword" and using it to serve a conservative political agenda. The U.S. Supreme Court under Chief Justice John G. Roberts, Jr., has decided more free speech cases than any previous court in history. The decisions have mostly favored free speech claims. But the court increasingly has found First Amendment protection not for dissidents and minorities but for businesses and conservative religious interests. The court has taken free speech principles developed decades ago to shield and empower oppressed minorities and applied them to shield and empower corporations and the religious right. The book critically examines how the Roberts Court has decided the key cases, changed the rules on free speech, engineered outcomes, and become the willing vehicle for advancing the conservative agenda. Justice Kagan was right.
Book Synopsis The Soul of the First Amendment by : Floyd Abrams
Download or read book The Soul of the First Amendment written by Floyd Abrams and published by Yale University Press. This book was released on 2017-04-25 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nation’s most celebrated First Amendment lawyer“explores the American right to free speech in this thoughtful and concise volume” (Publishers Weekly). 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. “Abrams’s engaging and plain-spoken reflections will be of interest to those already steeped in constitutional law as well as young readers curious about the nation’s founding ideals . . . For Abrams, one inescapable truth applies across the history of First Amendment disputes. To allow the government to determine whose speech can be regulated . . . is, as [his] fascinating history shows, literally to play with fire.”—The Wall Street Journal “He dives into historic and contemporary controversies that test our adherence to these principles, noting, ‘Speech is sometimes ugly, outrageous, even dangerous.’”—The Washington Post
Book Synopsis The First Amendment in Schools by : Charles C. Haynes
Download or read book The First Amendment in Schools written by Charles C. Haynes and published by ASCD. This book was released on 2003-11-15 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the First Amendment rights? How do you resolve questions about the rights of students, educators, and parents in a school setting? The First Amendment to the U.S. Constitution protects the most basic and cherished rights of society--religion, speech, press, petition, and assembly. Anyone who wants to know more about those freedoms in the context of schools will find The First Amendment in Schools a rich resource for study and application. The book includes * An explanation of the origins of the First Amendment * A concise, chronological history of 50 legal cases, including many landmark decisions, involving the First Amendment in public schools * Answers to frequently asked questions about the practice of the First Amendment in schools, covering specific issues of religious liberty, free speech, and press as they affect school prayer, use of school facilities, dress and speech codes, student press, book selection, and curriculum * General information on First Amendment expression and practice in schools * Information on more than 60 educational and advocacy programs and organizations for First Amendment resources * A profile of First Amendment Schools This book provides a civic and legal framework for giving all members of the school community--students, parents, teachers, administrators, and community members--a real voice in shaping the life of the school. Note: This product listing is for the reflowable (ePub) version of the book.
Book Synopsis The First Amendment by : Ronald J. Krotoszynski
Download or read book The First Amendment written by Ronald J. Krotoszynski and published by . This book was released on 2008 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive, timely, and accessible, The First Amendment: Cases and Theory uses the case method to elucidate theory and doctrine. Thoughtful historical context and dynamic coverage of current issues fuel and enrich class discussion. Distinguished authorship by respected First Amendment scholars an emphasis on the case-method approach —cases are lightly edited in recognition of the importance of context to a study of constitutional jurisprudence Discussion of historical background that elucidates the Supreme Court’s tests, standards, and approaches to First Amendment issues Overviews in each chapter introduce the main themes and doctrines to better prepare students to read the cases that follow with greater insight and understanding Introductory chapters on free speech And The establishment and free exercise of religion Thought-provoking questions that point To The themes and factors underpinning case law Problem exercises that engage students in applying legal concepts Thorough coverage of the Speech, Press, Assembly, Petition, and Religion Clauses Discussion of major contemporary controversies —such as the impact of technology on free speech jurisprudence—as well as conflicts between free speech and national security, civil rights, And The Internet With a flexible organization that can be adapted to a three-hour survey course—or more specialized courses on speech, press, assembly, The petition clauses, or the religion clauses—this casebook offers both scope and depth in a highly supportive pedagogical framework.
Book Synopsis First Amendment Institutions by : Paul Horwitz
Download or read book First Amendment Institutions written by Paul Horwitz and published by Harvard University Press. This book was released on 2013-01-07 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Managed Speech by : Gregory P. Magarian
Download or read book Managed Speech written by Gregory P. Magarian and published by Oxford University Press. This book was released on 2017 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 free speech law. The book argues that the Roberts Court’s First Amendment decisions consistently conform to a version of expressive freedom that the author calls “managed speech,” providing limited protection for expressive autonomy while bolstering social and political stability. The book critiques managed speech and advocates a contrasting vision of constitutional speech protection called “dynamic diversity,” which aims to broaden the range of ideas and participants in public discussion. The book examines every one of the more than forty decisions about expressive freedom that the Supreme Court handed down between Chief Justice Roberts’ ascent in September 2005 and Justice Scalia’s death in February 2016. These decisions comprise one of the most important, controversial parts of the Roberts Court's record and legacy. The author explores key recurring debates in First Amendment law across three categories of free speech problems: regulations of private speech; restrictions on speech that involves government institutional subjects, government property, or government funding, which the author calls “government preserves”; and regulations of speech in the electoral process." -- Oxford Scholarship Online.
Book Synopsis Defending the First by : Joseph Russomanno
Download or read book Defending the First written by Joseph Russomanno and published by Routledge. This book was released on 2006-04-21 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defending the First provides a collection of new perspectives on the First Amendment in legal and communication contexts. Editor Joseph Russomanno brings together a roster of major figures who have participated in the shaping of First Amendment law over the past 30 years. Readers are taken into a realm of personal experience and analysis through the stories of these attorneys at the forefront of the battle to defend the "First." The contributors to this volume--all of whom have argued cases before the Supreme Court--tell about their experiences appearing before the highest court in the United States. Some write many years after being there, while others offer insights from a more recent vantage point. One Supreme Court Attorney offers a historical analysis of a case replete with a variety of First Amendment issues. This work contributes to a deeper understanding of First Amendment issues and the types of expression that the First Amendment protects, and why these rights must be protected. In addition, it provides readers with the unique perspective of those who have been on the front lines of some of the most important and influential cases in this era. The challenges of presenting an argument in this venue become clear, and it is evident that understanding one's own case, its lineage, and its likely impact all become part of the formula for success. This distinctive collection provides personal and compelling insights into the making of communication law, and it will be engaging reading for students in communication law courses. It will also appeal to any reader interested in First Amendment law.
Book Synopsis First Amendment Freedoms by : Michael C. LeMay
Download or read book First Amendment Freedoms written by Michael C. LeMay and published by Bloomsbury Publishing USA. This book was released on 2021-03-01 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Amendment Freedoms: A Reference Handbook offers a comprehensive examination of the discourse on First Amendment freedom issues in an objective and unbiased manner and provides valuable data and documents to guide readers to further research on the subject. First Amendment Freedoms: A Reference Handbook provides a comprehensive, objective, and accessible source of critically important information on the First Amendment freedoms of religion, speech, and assembly, and the post-Civil War Fourteenth Amendment. Geared for high school and college readers, it covers relevant historical events from the adoption of the Constitution and the Bill of Rights to the array of Supreme Court cases that further defined the scope and limits of First Amendment freedoms. Composed of seven chapters, plus a glossary and index, the volume will present the background and history of the First Amendment; problems, controversies, and solutions; a perspectives chapter with nine original essay contributions; profiles of the leading actors and organizations involved in First Amendment politics; governmental data and excerpts of primary documents on the topic; and a resources chapter comprising an annotated list of the key books, scholarly journals, and nonprint sources on the topic. It closes with a detailed chronology of major events concerning First Amendment freedoms.
Book Synopsis Free Speech for Some by : William Bennett Turner
Download or read book Free Speech for Some written by William Bennett Turner and published by Roaring Forties Press. This book was released on 2019-09-01 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Has the First Amendment become a tool to promote the conservative agenda? On June 27, 2018, Justice Elena Kagan, dissenting from the Supreme Court’s decision in a free speech case, accused the Roberts Court majority of “weaponizing the First Amendment”--of “turning the First Amendment into a sword” and using it to serve a conservative political agenda. The U.S. Supreme Court under Chief Justice John G. Roberts, Jr., has decided more free speech cases than any previous court in history. The decisions have mostly favored free speech claims. But the court increasingly has found First Amendment protection not for dissidents and minorities but for businesses and conservative religious interests. The court has taken free speech principles developed decades ago to shield and empower oppressed minorities and applied them to shield and empower corporations and the religious right. The book critically examines how the Roberts Court has decided the key cases, changed the rules on free speech, engineered outcomes, and become the willing vehicle for advancing the conservative agenda. Justice Kagan was right.
