Uninhibited Robust And Wide Open

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Uninhibited, Robust, and Wide-Open

Author : Lee C. Bollinger
Publisher : Oxford University Press
ISBN 13 : 9780199745883
Total Pages : 224 pages
Book Rating : 4.7/5 (458 download)

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Book Synopsis Uninhibited, Robust, and Wide-Open by : Lee C. Bollinger

Download or read book Uninhibited, Robust, and Wide-Open written by Lee C. Bollinger and published by Oxford University Press. This book was released on 2010-01-15 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lee Bollinger is one of our foremost experts on the First Amendment--both an erudite scholar and elegant advocate. In this sweeping account, he explores the troubled history of a free press in America and looks toward the challenges ahead. The first amendment guaranteed freedom of the press in seemingly clear terms. However, over the course of American history, Bollinger notes, the idea of press freedom has evolved, in response to social, political, technological, and legal changes. It was not until the twentieth century that freedom of the press came to be understood as guaranteeing an "uninhibited, robust and wide-open" public discourse. But even during the twentieth century, government continually tried to erect barriers: the sedition laws of World War One, the use of libel law, the Pentagon Papers case, and efforts to limit press access to information. Bollinger utilizes this history to explore the meaning of freedom of the press in our globalized, internet-dominated era. As he shows, we have now entered uncharted territory. What does press freedom mean when our news outlets can instantaneously disseminate information throughout the world? When foreign media have immediate access to the American market? Bollinger stresses that even though the law will surely evolve in the coming years, we must maintain our commitment to a press that is "uninhibited, robust, and wide-open," not only in America but everywhere. Given the new ability of foreign media to reach the United States via the Internet and vice versa, it is in America's national interest for press freedoms to expand overseas. While protecting the freedom of the press at home remains a crucial task, the next challenge is to help create a global public forum suitable for an increasingly interconnected world. Part of Oxford's landmark Inalienable Rights series, this book will set the agenda for how we think about the press in the twenty-first century.

The Irony of Free Speech

Author : Owen Fiss
Publisher : Harvard University Press
ISBN 13 : 9780674036918
Total Pages : 122 pages
Book Rating : 4.0/5 (369 download)

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Book Synopsis The Irony of Free Speech by : Owen Fiss

Download or read book The Irony of Free Speech written by Owen Fiss and published by Harvard University Press. This book was released on 2009-06-01 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly uninhibited, robust, and wide-open. Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal participation is a precondition of free and open public debate, then the First Amendment encompasses the values of both equality and liberty. By examining the silencing effects of speech--its power to overwhelm and intimidate the underfunded, underrepresented, or disadvantaged voice--Fiss shows how restrictions on political expenditures, hate speech, and pornography can be defended in terms of the First Amendment, not despite it. Similarly, when the state requires the media to air voices of opposition, or funds art that presents controversial or challenging points of view, it is doing its constitutional part to protect democratic self-rule from the aggregations of private power that threaten it. Where most liberal accounts cast the state as the enemy of freedom and the First Amendment as a restraint, this one reminds us that the state can also be the friend of freedom, protecting and fostering speech that might otherwise die unheard, depriving our democracy of the full range and richness of its expression.

Make No Law

Author : Anthony Lewis
Publisher : Vintage
ISBN 13 : 0679739394
Total Pages : 369 pages
Book Rating : 4.6/5 (797 download)

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Book Synopsis Make No Law by : Anthony Lewis

Download or read book Make No Law written by Anthony Lewis and published by Vintage. This book was released on 1992-09-01 with total page 369 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.

New York Times v. Sullivan

Author : Kermit L. Hall
Publisher : University Press of Kansas
ISBN 13 : 0700618031
Total Pages : 232 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis New York Times v. Sullivan by : Kermit L. Hall

Download or read book New York Times v. Sullivan written by Kermit L. Hall and published by University Press of Kansas. This book was released on 2011-09-06 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illuminating a classic case from the turbulent civil rights era of the 1960s, two of America's foremost legal historians-Kermit Hall and Melvin Urofsky-provide a compact and highly readable updating of one of the most memorable decisions in the Supreme Court's canon. When the New York Times published an advertisement that accused Alabama officials of willfully abusing civil rights activists, Montgomery police commissioner Lester Sullivan filed suit for defamation. Alabama courts, citing factual errors in the ad, ordered the Times to pay half a million dollars in damages. The Times appealed to the Supreme Court, which had previously deferred to the states on libel issues. The justices, recognizing that Alabama's application of libel law threatened both the nation's free press and equal rights for African Americans, unanimously sided with the Times. As memorably recounted twenty years ago in Anthony Lewis's Make No Law, the 1964 decision profoundly altered defamation law, which the Court declared must not hinder debate on public issues even if it includes "vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials." The decision also introduced a new First Amendment test: a public official cannot recover damages for libel unless he proves that the statement was made with the knowledge that it was false or with reckless disregard of whether it was false. Hall and Urofsky, however, place a new emphasis on this iconic case. Whereas Lewis's book championed freedom of the press, the authors here provide a stronger focus on civil rights and southern legal culture. They convey to readers the urgency of the civil rights movement and the vitriolic anger it inspired in the Deep South. Their insights place this landmark case within a new and enlightening frame.

The Free Speech Century

Author : Geoffrey R. Stone
Publisher : Oxford University Press, USA
ISBN 13 : 0190841370
Total Pages : 377 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Free Speech Century by : Geoffrey R. Stone

Download or read book The Free Speech Century written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2018-12-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

National Security, Leaks and Freedom of the Press

Author : Lee C. Bollinger
Publisher : Oxford University Press
ISBN 13 : 0197519385
Total Pages : 385 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis National Security, Leaks and Freedom of the Press by : Lee C. Bollinger

Download or read book National Security, Leaks and Freedom of the Press written by Lee C. Bollinger and published by Oxford University Press. This book was released on 2021 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fighting for balance / Avril Haines -- Crafting a new compact in the public interest : protecting the national security in an era of leaks / Keith B. Alexander and Jamil N. Jaffer -- Leaks of classified information : lessons learned from a lifetime on the inside/ Michael Morell -- Reform and renewal : lessons from Snowden and the 215 program / Lisa O. Monaco -- Government needs to get its own house in order / Richard A. Clarke -- Behind the scenes with the Snowden files : "how the Washington Post and national security officials dealt with conflicts over government secrecy" / Ellen Nakashima -- Let's be practical : a narrow post-publication leak law would better protect the press / Stephen J. Adler and Bruce D. Brown -- What we owe whistleblowers / Jameel Jaffer -- The long, (futile?) Fight for a federal shield law / Judith Miller -- Covering the cyberwars : the press vs the government in a new age of global conflict / David Sanger -- Outlawing leaks / David A. Strauss -- The growth of press freedoms in the United States since 9/11 / Jack Goldsmith -- Edward Snowden, Donald Trump, and the paradox of national security whistleblowing / Allison Stanger -- Information is power : exploring a constitutional right of access / Mary-Rose Papandrea -- Who said what to whom / Cass R. Sunstein -- Leaks in the age of Trump / Louis Michael Seidman the report of the commission, Lee C. Bollinger, Eric Holder, John O. Brennan, Ann Marie Lipinski, Kathleen Carroll, Geoffrey R. Stone, Stephen W. Coll -- Closing statement / Lee C. Bollinger and Geoffrey R. Stone.

Free Speech in the United States

Author : Zechariah Chafee (Jr.)
Publisher : Lawbook Exchange, Limited
ISBN 13 :
Total Pages : 700 pages
Book Rating : 4.3/5 (555 download)

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Book Synopsis Free Speech in the United States by : Zechariah Chafee (Jr.)

Download or read book Free Speech in the United States written by Zechariah Chafee (Jr.) and published by Lawbook Exchange, Limited. This book was released on 2001 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rewritten and expanded version of his seminal Freedom of Speech (1920) that established modern First Amendment theory, this work became a foremost text of U.S. libertarian thought. This leading treatise on civil liberties influenced the jurisprudence of Oliver Wendell Holmes, Jr. and Louis Brandeis.

Social Media, Freedom of Speech, and the Future of Our Democracy

Author : Lee C. Bollinger
Publisher : Oxford University Press
ISBN 13 : 0197621082
Total Pages : 449 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis Social Media, Freedom of Speech, and the Future of Our Democracy by : Lee C. Bollinger

Download or read book Social Media, Freedom of Speech, and the Future of Our Democracy written by Lee C. Bollinger and published by Oxford University Press. This book was released on 2022-08-05 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad explanation of the various dimensions of the problem of bad speech on the internet within the American context. One of the most fiercely debated issues of this era is what to do about bad speech-hate speech, disinformation and propaganda campaigns, and incitement of violence-on the internet, and in particular speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of bad speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote the public interest. Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era.

The Tolerant Society

Author : Lee C. Bollinger
Publisher : Oxford University Press, USA
ISBN 13 : 019505430X
Total Pages : 306 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis The Tolerant Society by : Lee C. Bollinger

Download or read book The Tolerant Society written by Lee C. Bollinger and published by Oxford University Press, USA. This book was released on 1988 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Tolerant Society, Bollinger offers a masterful critique of the major theories of freedom of expression, and offers an alternative explanation. Traditional justifications for protecting extremist speech have turned largely on the inherent value of self-expression, maintaining that the benefits of the free interchange of ideas include the greater likelihood of serving truth and of promoting wise decisions in a democracy. Bollinger finds these theories persuasive but inadequate. Buttrressing his argument with references to the Skokie case and many other examples, as well as a careful analysis of the primary literature on free speech, he contends that the real value of toleration of extremist speech lies in the extraordinary self-control toward antisocial behavior that it elicits: society is stengthened by the exercise of tolerance, he maintains. The problem of finding an appropriate response -- especially when emotions make measured response difficult -- is common to all social interaction, Bollinger points out, and there are useful lesons to be learned from withholding punishment even for what is conceded to be bad behavior.

Uninhibited, Robust, and Wide Open

Author : Robert D. Richards
Publisher : Parkway Pub
ISBN 13 : 9780963575241
Total Pages : 163 pages
Book Rating : 4.5/5 (752 download)

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Book Synopsis Uninhibited, Robust, and Wide Open by : Robert D. Richards

Download or read book Uninhibited, Robust, and Wide Open written by Robert D. Richards and published by Parkway Pub. This book was released on 1994 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Priests of Our Democracy

Author : Marjorie Heins
Publisher : NYU Press
ISBN 13 : 0814790518
Total Pages : 384 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Priests of Our Democracy by : Marjorie Heins

Download or read book Priests of Our Democracy written by Marjorie Heins and published by NYU Press. This book was released on 2013-02-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early 1950s, New York City’s teachers and professors became the targets of massive investigations into their political beliefs and associations. Those who refused to cooperate in the questioning were fired. Some had undoubtedly been communists, and the Communist Party-USA certainly made its share of mistakes, but there was never evidence that the accused teachers had abused their trust. Some were among the most brilliant, popular, and dedicated educators in the city. Priests of Our Democracy tells of the teachers and professors who resisted the witch hunt, those who collaborated, and those whose battles led to landmark Supreme Court decisions. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to every American.

More Essential than Ever

Author : Stephen J. Schulhofer
Publisher : Oxford University Press
ISBN 13 : 0199753229
Total Pages : 216 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis More Essential than Ever by : Stephen J. Schulhofer

Download or read book More Essential than Ever written by Stephen J. Schulhofer and published by Oxford University Press. This book was released on 2012-07-09 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course, "papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat may be our own weakening resolve to preserve our privacy. In this potent new volume in Oxford's Inalienable Rights series, legal expert Stephen J. Schulhofer argues that the Fourth Amendment remains, as the title says, more essential than ever. From data-mining to airport body scans, drug testing and aggressive police patrolling on the streets, privacy is under assault as never before--and we're simply getting used to it. But the trend is threatening the pillars of democracy itself, Schulhofer maintains. "Government surveillance may not worry the average citizen who reads best-selling books, practices a widely accepted religion, and adheres to middle-of-the-road political views," he writes. But surveillance weighs on minorities, dissenters, and unorthodox thinkers, "chilling their freedom to read what they choose, to say what they think, and to associate with others who are like-minded." All of us are affected, he adds. "When unrestricted search and surveillance powers chill speech and religion, inhibit gossip and dampen creativity, they undermine politics and impoverish social life for everyone." Schulhofer offers a rich account of the history and nuances of Fourth Amendment protections, as he examines such issues as street stops, racial profiling, electronic surveillance, data aggregation, and the demands of national security. The Fourth Amendment, he reminds us, explicitly authorizes invasions of privacy--but it requires justification and accountability, requirements that reconcile public safety with liberty. Combining a detailed knowledge of specific cases with a deep grasp of Constitutional law, More Essential than Ever offers a sophisticated and thoughtful perspective on this important debate.

Out of Range

Author : Mark V. Tushnet
Publisher : Oxford University Press
ISBN 13 : 9780199813711
Total Pages : 176 pages
Book Rating : 4.8/5 (137 download)

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Book Synopsis Out of Range by : Mark V. Tushnet

Download or read book Out of Range written by Mark V. Tushnet and published by Oxford University Press. This book was released on 2007-09-05 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.

The Silencing

Author : Kirsten Powers
Publisher : Simon and Schuster
ISBN 13 : 1621573915
Total Pages : 304 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis The Silencing by : Kirsten Powers

Download or read book The Silencing written by Kirsten Powers and published by Simon and Schuster. This book was released on 2015-05-11 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lifelong liberal Kirsten Powers blasts the Left's forced march towards conformity in an exposé of the illiberal war on free speech. No longer champions of tolerance and free speech, the "illiberal Left" now viciously attacks and silences anyone with alternative points of view. Powers asks, "What ever happened to free speech in America?"

Penny Saver Publications, Inc. V. Village of Hazel Crest

Author :
Publisher :
ISBN 13 :
Total Pages : 50 pages
Book Rating : 4.W/5 ( download)

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Book Synopsis Penny Saver Publications, Inc. V. Village of Hazel Crest by :

Download or read book Penny Saver Publications, Inc. V. Village of Hazel Crest written by and published by . This book was released on 1989 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Free Speech and Its Relation to Self-Government

Author : Alexander Meiklejohn
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584770872
Total Pages : 126 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Free Speech and Its Relation to Self-Government by : Alexander Meiklejohn

Download or read book Free Speech and Its Relation to Self-Government written by Alexander Meiklejohn and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. "Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne." --JOHN P. FRANK, Texas Law Review 27:405-412. ALEXANDER MEIKLEJOHN [1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin- Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963.

Our Own Worst Enemy

Author : David G. Bowman
Publisher :
ISBN 13 : 9781420831092
Total Pages : 104 pages
Book Rating : 4.8/5 (31 download)

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Book Synopsis Our Own Worst Enemy by : David G. Bowman

Download or read book Our Own Worst Enemy written by David G. Bowman and published by . This book was released on 2005-04 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is comprised of two tales with a similar group of young adults trying to make their place in the world while dealing with relationships within the group. It is a story of young people at a crossroads in their lives and how they comically deal with situations that come up in their lives. Both can be considered satires. The author affectionately deals with the characters, however, with empathy towards their plights.