Not so long ago, being aggressively "pro-free speech" was as closely associated with American political liberalism as being pro-choice, pro-affirmative action, or pro-gun control. With little notice, this political dynamic has been shaken to the core. The Right's First Amendment examines how conservatives came to adopt and co-opt constitutional free speech rights.
In the 1960s, free speech on college campuses was seen as a guarantee for social agitators, hippies, and peaceniks. Today, for many conservatives, it represents instead a crucial shield that protects traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Over a similar period, free market conservatives have risen up to embrace a once unknown, but now cherished, liberty: freedom of commercial expression. What do these changes mean for the future of First Amendment interpretation?
Wayne Batchis offers a fresh entry point into these issues by grounding his study in both political and legal scholarship. Surveying six decades of writings from the preeminent conservative publication National Review alongside the evolving constitutional law and ideological predispositions of Supreme Court justices deciding these issues, Batchis asks the conservative political movement to answer to its judicial logic, revealing how this keystone of our civic American beliefs now carries a much more complex and nuanced political identity.
Автор: Tushnet Mark V., Chen Alan K., Blocher Joseph Название: Free Speech Beyond Words: The Surprising Reach of the First Amendment ISBN: 1479880280 ISBN-13(EAN): 9781479880287 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 81930.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schoenberg's music, and Lewis Carroll's poem -Jabberwocky- are -unquestionably shielded- by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting -the freedom of speech, - even though none involves what we typically think of as speech--the use of words to convey meaning.
As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as -speech- for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy?
Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of -speech.- While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
Название: Saving Free Speech...from Itself ISBN: 1941493262 ISBN-13(EAN): 9781941493267 Издательство: Неизвестно Цена: 22950.00 T Наличие на складе: Невозможна поставка. Описание:
In an era of political correctness, race-baiting, terrorist incitement, the 'Danish' cartoons, the shouting down of speakers, and, of course, 'fake news, ' liberals and conservatives are up in arms both about speech and its excesses, and what the First Amendment means. Speech has been weaponized. Everyone knows it, but no one seems to know how to make sense of the current confusion, and what to do about it. Thane Rosenbaum's provocative and compelling book is what is needed to understand this important issue at the heart of our society and politics.
Our nation's founders did not envision speech as a license to trample on the rights of others. And the Supreme Court has decided cases where certain categories of speech are already prohibited without violating the Constitution. Laws banning hate speech are prevalent in other democratic, liberal societies, where speech is not valued above human dignity, and yet in Germany, France, the UK and elsewhere, life continues, freedoms have not rolled to the bottom of the bogeyman of a 'slippery slope, ' and democracies remain vibrant. There is already a great deal of second guessing about the limits of free speech. In 1977, courts permitted neo-Nazis to march in a Chicago suburb populated by Holocaust survivors. Today, many wonder whether the alt-right should have been prevented from marching in Charlottesville in 2017. Even the ACLU, which represented both groups, is having doubts as to whether the First Amendment should override basic notions of equality and citizenship.
Автор: Oluwole Joseph, Green Preston C. Название: Sext Ed: Obscenity Versus Free Speech in Our Schools ISBN: 1440829276 ISBN-13(EAN): 9781440829277 Издательство: Bloomsbury Цена: 57420.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Schools need to be able to regulate sexting, but at what point are administrators infringing on students` rights? Is teenage sexting a violation of child pornography laws? This book tackles these tough issues and others.
Автор: Bunker Название: Critiquing Free Speech ISBN: 0415761670 ISBN-13(EAN): 9780415761673 Издательство: Taylor&Francis Рейтинг: Цена: 58170.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This monograph addresses free speech, arguing that, while interdisciplinary approaches can be useful, legal scholars must avoid distorting issues by using vocabularies and tools that do not reflect complexities of 1st Amendment.
Автор: Wood Название: The Struggle for Free Speech in the United States, 1872-1915 ISBN: 0415542766 ISBN-13(EAN): 9780415542760 Издательство: Taylor&Francis Рейтинг: Цена: 48990.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book chronicles the struggles of the Drs. Foote, examining not just their efforts to further individual rights and women`s health but also the larger issues surrounding free speech and censorship in the Gilded Age of American history.
Автор: Gelber Katharine Название: Free Speech After 9/11 ISBN: 0198777795 ISBN-13(EAN): 9780198777793 Издательство: Oxford Academ Рейтинг: Цена: 68640.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This volume examines and compares the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, focusing on the US, UK, and Australia.
Not so long ago, being aggressively "pro-free speech" was as closely associated with American political liberalism as being pro-choice, pro-affirmative action, or pro-gun control. With little notice, this political dynamic has been shaken to the core. The Right's First Amendment examines how conservatives came to adopt and co-opt constitutional free speech rights.
In the 1960s, free speech on college campuses was seen as a guarantee for social agitators, hippies, and peaceniks. Today, for many conservatives, it represents instead a crucial shield that protects traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Over a similar period, free market conservatives have risen up to embrace a once unknown, but now cherished, liberty: freedom of commercial expression. What do these changes mean for the future of First Amendment interpretation?
Wayne Batchis offers a fresh entry point into these issues by grounding his study in both political and legal scholarship. Surveying six decades of writings from the preeminent conservative publication National Review alongside the evolving constitutional law and ideological predispositions of Supreme Court justices deciding these issues, Batchis asks the conservative political movement to answer to its judicial logic, revealing how this keystone of our civic American beliefs now carries a much more complex and nuanced political identity.
Автор: David van Mill Название: Free Speech and the State ISBN: 3319516345 ISBN-13(EAN): 9783319516349 Издательство: Springer Рейтинг: Цена: 51230.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book addresses the question: "What should be the appropriate limits to free speech?" The author claims that it is the state, rather than abstract principles, that must provide the answer.
Автор: A. Levin Название: The Cost of Free Speech ISBN: 1349315060 ISBN-13(EAN): 9781349315062 Издательство: Springer Рейтинг: Цена: 60550.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The distinctly contemporary proliferation of pornography and hate speech poses a challenge to liberalism`s traditional ideal of a `marketplace of ideas` facilitated by state neutrality about the content of speech. This new study argues that the liberal state ought to depart from neutrality to meet this challenge.
Автор: Whittington Keith E. Название: Speak Freely: Why Universities Must Defend Free Speech ISBN: 0691181608 ISBN-13(EAN): 9780691181608 Издательство: Wiley Рейтинг: Цена: 21120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
Why free speech is the lifeblood of colleges and universities
Free speech is under attack at colleges and universities today, with critics on and off campus challenging the value of open inquiry and freewheeling intellectual debate. Too often speakers are shouted down, professors are threatened, and classes are disrupted. In Speak Freely, Keith Whittington argues that universities must protect and encourage free speech because vigorous free speech is the lifeblood of the university. Without free speech, a university cannot fulfill its most basic, fundamental, and essential purposes, including fostering freedom of thought, ideological diversity, and tolerance.
Examining such hot-button issues as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, the use of social media by faculty, and academic politics, Speak Freely describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why free speech and civil discourse are at the heart of the university's mission of creating and nurturing an open and diverse community dedicated to learning. It shows why universities must make space for voices from both the left and right. And it points out how better understanding why the university lives or dies by free speech can help guide everyone--including students, faculty, administrators, and alumni--when faced with difficult challenges such as unpopular, hateful, or dangerous speech.
Timely and vitally important, Speak Freely demonstrates why universities can succeed only by fostering more free speech, more free thought--and a greater tolerance for both.
-- "Kirkus"
Автор: Strossen Nadine Название: Hate: Why We Should Resist It with Free Speech, Not Censorship ISBN: 0190859121 ISBN-13(EAN): 9780190859121 Издательство: Oxford Academ Рейтинг: Цена: 22170.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
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