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The Adversary First Amendment
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Book Synopsis The Adversary First Amendment by : Martin H. Redish
Download or read book The Adversary First Amendment written by Martin H. Redish and published by Stanford University Press. This book was released on 2013-06-12 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Adversary First Amendment presents a unique and controversial rethinking of modern American democratic theory and free speech. Most free speech scholars understand the First Amendment as a vehicle for or protection of democracy itself, relying upon cooperative or collectivist theories of democracy. Martin Redish reconsiders free speech in the context of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own values and interests. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of that conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity, and the individual growth and development deriving from the promotion of individual interests. Drawing on previous free speech scholarship and case studies of controversial speech, Redish advances a theory of free expression grounded in democratic notions of self-promotion and controlled adversary conflict, making a strong case for its application across such areas as commercial speech, campaign spending, and anonymous speech.
Book Synopsis Commercial Speech as Free Expression by : Martin H. Redish
Download or read book Commercial Speech as Free Expression written by Martin H. Redish and published by Cambridge University Press. This book was released on 2021-06-10 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, commercial speech was summarily excluded from First Amendment protection, without reason or logic. Starting in the mid-1970s, the Supreme Court began to extend protection but it remained strictly limited. In recent years, that protection has expanded, but both Court and scholars have refused to consider treating commercial speech as the First Amendment equivalent of traditionally protected expressive categories such as political speech or literature. Commercial Speech as Free Expression stands as the boldest statement yet for extending full First Amendment protection to commercial speech by proposing a new, four-part synthesis of different perspectives on the manner in which free expression fosters and protects expressive values. This book explains the complexities and subtleties of how the equivalency principle would function in real-life situations. The key is to recognize that as a matter of First Amendment value, commercial speech deserves treatment equivalent to that received by traditionally protected speech.
Book Synopsis Rediscovering a Lost Freedom by : Patrick M. Garry
Download or read book Rediscovering a Lost Freedom written by Patrick M. Garry and published by Transaction Publishers. This book was released on 2006 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The First Amendment in the Trump Era by : Timothy Zick
Download or read book The First Amendment in the Trump Era written by Timothy Zick and published by Oxford University Press, USA. This book was released on 2019 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the "enemy of the people." He has proposed that flag burners be jailed and denaturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy; political and other forms of polarization are on the rise; and protesters face diminished space and opportunities for exercising free speech rights. This book catalogues and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context--as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and the press. We must understand both what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.
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 The First Amendment Book by : Robert J. Wagman
Download or read book The First Amendment Book written by Robert J. Wagman and published by World Almanac Books. This book was released on 1991 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the origin and history of the First Amendment, discussing its guarantee of freedom of the press, tracing its evolution, and containing firsthand accounts of press freedom challenges by top newspaper editors.
Book Synopsis The Logic of Persecution by : Martin H. Redish
Download or read book The Logic of Persecution written by Martin H. Redish and published by Stanford University Press. This book was released on 2005 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an exploration of the intersection between the McCarthy Era and the theory of free expression, as well as the implications of that intersection for both historical and constitutional inquiry.
Book Synopsis The First Amendment and the Future of American Democracy by : Walter Berns
Download or read book The First Amendment and the Future of American Democracy written by Walter Berns and published by Regnery Publishing. This book was released on 1985 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp, in-depth analysis of the First Amendment offering a unique interpretation of our basic freedoms and liberties.
Book Synopsis The Disappearing First Amendment by : Ronald J. Krotoszynski
Download or read book The Disappearing First Amendment written by Ronald J. Krotoszynski and published by Cambridge University Press. This book was released on 2019-10-03 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows that while the Supreme Court enforces some First Amendment rights vigorously, it often fails to protect ordinary citizens' expressive freedoms.
Book Synopsis The First Amendment, Democracy, and Romance by : Steven H. Shiffrin
Download or read book The First Amendment, Democracy, and Romance written by Steven H. Shiffrin and published by . This book was released on 1990 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book offers a perspective on the First Amendment that is both original and important...Shiffrin is dazzling in the range of his reading and the clarity and pertinence of his documentation.'--Vincent Blasi
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis The First Amendment by : Geoffrey R. Stone
Download or read book The First Amendment written by Geoffrey R. Stone and published by Aspen Publishing. This book was released on 2024-02-07 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the same authorship team behind the highly successful Constitutional Law and among the leading casebooks in the field, The First Amendment provides a comprehensive and accessible review of speech and religion jurisprudence under the First Amendment. The eminent authorship team, whose members are distinguished both in teaching and scholarship, combines textual, historical, theoretical, and doctrinal approaches in an inclusive and creative survey of the essential elements of modern First Amendment doctrine. It has been completely updated to incorporate recent developments in the field, including campaign finance and government speech, and provides a broader discussion of modern First Amendment issues, including those related to modern technology. New to the Seventh Edition: ● New material on recent developments in free speech and press doctrine Discussion of the implications of Iancu v. Brunetti, dealing with the constitutionality of a federal law prohibiting the registration of "disparaging" trademarks Discussion of the issue of flags on government property in Shurtleff v. Boston Discussion of campaign finance regulation in Federal Elections Commission v. Ted Cruz Discussion of the Court's controversial 2023 decision in Counterman v. Colorado Discussion of the Court's controversial 2023 decision in 303 Creative v. Elenis ● New material on recent developments in religion clause doctrine Discussion of the implications of the Bladensburg Cross case for the doctrine replacing the Lemon test Discussion of the Court’s elaboration of the “individualized determination” component of the Smith test, including its application in COVID related cases and in Fulton v. Philadelphia Professors and students will benefit from: ● Rigorous questions in the Notes ● Carefully selected and challenging excerpts from articles and books by leading First Amendment scholars ● Thoughtful organization of topics and cases designed to challenge students and to illuminate the evolution and current state of First Amendment jurisprudence
Book Synopsis Kindly Inquisitors by : Jonathan Rauch
Download or read book Kindly Inquisitors written by Jonathan Rauch and published by University of Chicago Press. This book was released on 2013-10-01 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classic “compelling defense of free speech against its new enemies” now in an expanded edition with a foreword by George F. Will (Kirkus Reviews). “A liberal society stands on the proposition that we should all take seriously the idea that we might be wrong. This means we must place no one, including ourselves, beyond the reach of criticism; it means that we must allow people to err, even where the error offends and upsets, as it often will.” So writes Jonathan Rauch in Kindly Inquisitors, which has challenged readers for decades with its provocative analysis of attempts to limit free speech. In it, Rauch makes a persuasive argument for the value of “liberal science” and the idea that conflicting views produce knowledge within society. In this expanded edition of Kindly Inquisitors, a new foreword by George F. Will explores the book’s continued relevance, while a substantial new afterword by Rauch elaborates upon his original argument and brings it fully up to date. Two decades after the book’s initial publication, the regulation of hate speech has grown both domestically and internationally. But the answer to prejudice, Rauch argues, is pluralism—not purism. Rather than attempting to legislate bias and prejudice out of existence, we must pit them against one another to foster a more vigorous and fruitful discussion. It is this process, Rauch argues, that will enable our society to replace hate with knowledge, both ethical and empirical.
Download or read book Federalism written by David L. Shapiro and published by Northwestern University Press. This book was released on 1995-07-19 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Shapiro explores the virtues and defects of federalism as it has developed in this country from a variety of perspectives that include historical, constitutional, economic, social, and political considerations. Using the dialectical form adopted by advocates trying a case before a court, Shapiro not only examines the strongest arguments on the two principal sides of the issue but also probes the potential value of the dialectical process itself.
Book Synopsis The Mind of the Censor and the Eye of the Beholder by : Robert Corn-Revere
Download or read book The Mind of the Censor and the Eye of the Beholder written by Robert Corn-Revere and published by Cambridge University Press. This book was released on 2021-11-04 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the importance of free speech in America by telling the stories of its chief antagonists - the censors.
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:
Book Synopsis The Four Freedoms of the First Amendment by : Craig R. Smith
Download or read book The Four Freedoms of the First Amendment written by Craig R. Smith and published by Waveland PressInc. This book was released on 2004 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
