First Amendment Law, Noah Raam Feldman, Kathleen M. Sullivan
Автор: Stefancic Jean, Delgado Richard Название: Must We Defend Nazis?: Why the First Amendment Should Not Protect Hate Speech and White Supremacy ISBN: 1479857831 ISBN-13(EAN): 9781479857838 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 14210.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: A controversial argument for reconsidering the limits of free speech
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Автор: Redish Martin H Название: Adversary First Amendment ISBN: 0804772150 ISBN-13(EAN): 9780804772150 Издательство: Wiley EDC Рейтинг: Цена: 51480.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
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.
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.
Автор: Roznai, Yaniv Название: Unconstitutional constitutional amendments ISBN: 0198768796 ISBN-13(EAN): 9780198768791 Издательство: Oxford Academ Рейтинг: Цена: 96090.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Автор: Stefancic Jean, Delgado Richard Название: Must We Defend Nazis?: Why the First Amendment Should Not Protect Hate Speech and White Supremacy ISBN: 1479887714 ISBN-13(EAN): 9781479887712 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 74410.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: A controversial argument for reconsidering the limits of free speech
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Автор: Magarian Gregory P Название: Managed Speech ISBN: 0190466790 ISBN-13(EAN): 9780190466794 Издательство: Oxford Academ Рейтинг: Цена: 105600.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: 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 law. It argues that this Court has consistently used First Amendment law to promote a limited view of freedom, while bolstering social and political stability.
Автор: Shiffrin Название: What`s Wrong with the First Amendment ISBN: 1107160960 ISBN-13(EAN): 9781107160965 Издательство: Cambridge Academ Рейтинг: Цена: 104550.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book argues that America`s love affair with the First Amendment has become a form of idolatry, jeopardizing privacy, equality, fair trials, public health and democracy. It will be of interest to the general reader, as well as to students, academics and political commentators of law, politics, history and journalism.
Автор: Shiffrin Название: What`s Wrong with the First Amendment ISBN: 1316613771 ISBN-13(EAN): 9781316613771 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book argues that America`s love affair with the First Amendment has become a form of idolatry, jeopardizing privacy, equality, fair trials, public health and democracy. It will be of interest to the general reader, as well as to students, academics and political commentators of law, politics, history and journalism.
Автор: Cook Timothy E., Lawrence Regina G. Название: Freeing the Presses: The First Amendment in Action ISBN: 0807154180 ISBN-13(EAN): 9780807154182 Издательство: Неизвестно Рейтинг: Цена: 27540.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
"A thoughtful, provocative, and timely account of the meaning of a free press in the United States." -- American Journal of Political Science Most Americans consider a free press essential to democratic society -- -either as an independent watchdog against governmental abuse of power or as a wide-open marketplace of ideas. But few understand that far--reaching public policies have shaped the news citizens receive. With contributions from leading scholars in the fields of history, legal scholarship, political science, and communications, this revised and updated edition of Freeing the Presses offers an in-depth inquiry into the theory and practice of journalistic freedom. In addition to a new foreword by Regina G. Lawrence and afterword by Laura Stein, Freeing the Presses presents fresh and timely analyses of the complexities of news media and politics.
Автор: Shiffrin Steven H. Название: The First Amendment, Democracy, and Romance ISBN: 0691603383 ISBN-13(EAN): 9780691603384 Издательство: Wiley Рейтинг: Цена: 35910.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
If an organizing symbol makes sense in First Amendment jurisprudence, it is not the image of a content-neutral government, argues Steven Shiffrin, nor is it a town-hall meeting or even a robust marketplace of ideas. If the First Amendment is to have an organizing symbol, let it be an Emersonian symbol: let it be the image of the dissenter.
Originally published in 1993.
The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
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.
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