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Constitutional Law In Contemporary America Civil Rights And Liberties Creating The Modern Federal Judiciary The First Amendment And Religion Freedom Of Speech Free Press And Association Obscenity Pornography Commercial Speech And Censorship Criminal Due Process
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Book Synopsis Constitutional Law in Contemporary America: Civil rights and liberties. Creating the modern federal judiciary ; The First Amendment and religion ; Freedom of speech ; Free press and association, obscenity, pornography, commercial speech, and censorship ; Criminal due process by : David Andrew Schultz
Download or read book Constitutional Law in Contemporary America: Civil rights and liberties. Creating the modern federal judiciary ; The First Amendment and religion ; Freedom of speech ; Free press and association, obscenity, pornography, commercial speech, and censorship ; Criminal due process written by David Andrew Schultz and published by Oxford University Press, USA. This book was released on 2011 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law in Contemporary America is the most up-to-date, carefully edited, and student-friendly undergraduate constitutional law textbook. Volume One: Institutions, Politics, and Process presents cases relating to the three branches of the national government; and Volume Two: Civil Rights and Liberties covers civil rights and liberties issues including those addressed in the Bill of Rights (as subsequently applied to the states) and in the Reconstruction Amendments.
Book Synopsis Free Speech and the Regulation of Social Media Content by : Valerie C. Brannon
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Book Synopsis Freedom of Speech and Press by : Henry Cohen
Download or read book Freedom of Speech and Press written by Henry Cohen and published by DIANE Publishing. This book was released on 2010-02 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an overview of the major exceptions to the First Amendment ¿ of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. Contents: Intro.; Obscenity; Child Pornography; Content-Based Restrictions; Non-Content-Based Restrictions; Prior Restraint; Commercial Speech; Defamation; Speech Harmful to Children; Children¿s First Amend. Rights; Time, Place, and Manner Restrictions; Incidental Restrictions; Symbolic Speech; Compelled Speech; Radio and TV; Freedom of Speech and Gov¿t. Funding; Free Speech Rights of Gov¿t. Employees and Gov¿t. Contractors; and Public Forum Doctrine.
Book Synopsis Commentaries on the Constitution of the United States by : Joseph Story
Download or read book Commentaries on the Constitution of the United States written by Joseph Story and published by . This book was released on 1833 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Book Synopsis Lessons in Censorship by : Catherine J. Ross
Download or read book Lessons in Censorship written by Catherine J. Ross and published by Harvard University Press. This book was released on 2015-10-19 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: American public schools censor controversial student speech that the Constitution protects. Catherine Ross brings clarity to court rulings that define speech rights of young citizens and proposes ways to protect free expression, arguing that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy.
Book Synopsis FIRE's Guide to Free Speech on Campus by : William Creeley
Download or read book FIRE's Guide to Free Speech on Campus written by William Creeley and published by . This book was released on 2012-06-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis American Government 3e by : Glen Krutz
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Book Synopsis The Freedom to Read by : American Library Association
Download or read book The Freedom to Read written by American Library Association and published by . This book was released on 1953 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Collin V. Smith written by and published by . This book was released on 1978 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transforming Free Speech by : Mark A. Graber
Download or read book Transforming Free Speech written by Mark A. Graber and published by Univ of California Press. This book was released on 2023-11-10 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.
Author :Grzegorz Blicharz Publisher :Wydawnictwo Instytutu Wymiaru Sprawiedliwości ISBN 13 :8366344045 Total Pages :584 pages Book Rating :4.3/5 (663 download)
Book Synopsis Freedom of Speech A Comparative Law Perspective by : Grzegorz Blicharz
Download or read book Freedom of Speech A Comparative Law Perspective written by Grzegorz Blicharz and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2019 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of Speech: A Comparative Law Perspective offers a wide-ranging review of free speech law in Europe, the U.S., Canada and Australia, with a special focus on hate speech and on artistic and scientific speech. It provides a great deal of information on these topics, in a single volume, which presents a considerable value to anyone who wants to study the subject. prof. Christopher Wolfe, University of Dallas The book is disturbing. It encourages to pose serious questions, in particular about the phenomenon of the persecution for expressing traditional views, which ceased to be accepted by certain political and intellectual elites. It presents the context which allows us to realize how difficult it is to address such issues. Nevertheless, searching for the answers seems absolutely necessary. The analyses of the US law could be considered a universal parable about the awareness of free speech. The analyses of the law in other countries warn us how fragile the protection of freedom of expression is. prof. Franciszek Longchamps de Bérier, Jagiellonian University in Kraków The volume focuses on an important and complex theoretical question of practical value which is inscribed in the debate on the limits of freedom of speech. It is a collection of independent studies with a clearly presented central idea. Written by the authors representing not only different academic institutions and countries but even different legal cultures. Such a choice of authors offers a variety of presented evaluations, which testifies to the richness of content included in the book and is an invitation to further studies and analyses. prof. Wojciech Lis, John Paul II Catholic University of Lublin
Book Synopsis Defending Pornography by : Nadine Strossen
Download or read book Defending Pornography written by Nadine Strossen and published by NYU Press. This book was released on 2024-03-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named a Notable Book by The New York Times Book Review in 1995, Defending Pornography examines a key question that has divided feminists for decades: is censoring pornography good or bad for women? Nadine Strossen makes a powerful case that increasing government power to censor sexual expression, beyond the limits that the First Amendment sensibly permits (for example, outlawing child pornography) would do more harm than good for women and others who have traditionally been marginalized due to sex or gender, She explains how the very anti-porn laws pushed by some feminists have led to the censorship of LGBTQ+ and feminist works, and she examines the startling connections between anti-porn feminists and right-wing fundamentalists. In an illuminating new Preface, Strossen lays out the multiple current assaults on sexual expression, which continue to come from across the ideological spectrum. She shows that freedom for such expression remains an essential prerequisite for the equality, safety, and dignity of women and sexual/gender minorities.
Book Synopsis Terrorism, Violent Extremism, and the Internet by : Victoria L Killion
Download or read book Terrorism, Violent Extremism, and the Internet written by Victoria L Killion and published by Independently Published. This book was released on 2019-05-23 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent acts of terrorism and hate crimes have prompted a renewed focus on the possible links between internet content and offline violence. While some have focused on the role that social media companies play in moderating user-generated content, others have called for Congress to pass laws regulating online content promoting terrorism or violence. Proposals related to government action of this nature raise significant free speech questions, including (1) the reach of the First Amendment's protections when it comes to foreign nationals posting online content from abroad; (2) the scope of so-called "unprotected" categories of speech developed long before the advent of the internet; and (3) the judicial standards that limit how the government can craft or enforce laws to preserve national security and prevent violence. At the outset, it is not clear that a foreign national could invoke the protections of the First Amendment. The Supreme Court has never directly opined on this question. However, its decisions regarding the extraterritorial application of other constitutional protections to foreign nationals and lower court decisions involving speech made by foreign nationals while outside of the United States suggest that the First Amendment may not apply in that scenario. In contrast, free speech considerations are likely to be highly relevant in evaluating the legality of (1) proposals for the U.S. government to regulate what internet users in the United States can post, or (2) the enforcement of existing U.S. laws where the government seeks to hold U.S. persons liable for their online speech. Although the government typically can regulate conduct without running afoul of the First Amendment, regulations that restrict or burden expression often do implicate free speech protections. In such circumstances, courts generally distinguish between laws that regulate speech on the basis of its content and those that do not, subjecting the former to more stringent review. A law that expressly restricts online communications or media promoting violence or terrorism is likely to be deemed a content-based restriction on speech; whereas a law that primarily regulates conduct could be subject to a less stringent standard of review, unless its application to speech turns on the message expressed. Whether such laws would survive First Amendment scrutiny depends on a number of factors. Over the past 50 years, the Supreme Court has generally extended the First Amendment's free speech protections to speech that advocates violence in the abstract while allowing the government to restrict or punish speech that threatens or facilitates violence in a more specific or immediate way. The subtle distinctions that have developed over time are reflected in the categories of speech that the court has deemed unprotected, meaning that the government generally can prohibit speech in these areas because of its content. These include incitement to imminent lawless action, true threats, and speech integral to criminal conduct. Although judicial decisions have helped to define the scope of some of these categories, open questions remain as to how they apply in the context of online speech. For instance, legal scholars have questioned what it means for speech to incite "imminent" violence when posted to social media. They have also asked how threats should be perceived when made in the context of online forums where hyperbolic speech about violence is common. The extent to which the government can regulate speech promoting violence or terrorism also depends on whether its law or action satisfies the applicable level of scrutiny that the Court has developed to evaluate measures that restrict or burden speech. In general, laws that regulate protected speech on political or ideological matters are subject to strict scrutiny, but in some cases, courts have concluded that the government's national security interests justify restrictions.
Book Synopsis Obscenity and the Law by : Norman St. John-Stevas
Download or read book Obscenity and the Law written by Norman St. John-Stevas and published by London : Secker & Warburg. This book was released on 1956 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis National Security and the First Amendment by : Richard K. Willard
Download or read book National Security and the First Amendment written by Richard K. Willard and published by . This book was released on 1984 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work debates where the lines should be drawn between the demands of national security and the public's right of access to government information.
Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
