The Disappearing First Amendment, Ronald J. Krotoszynski, Jr.
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: Ashutosh Bhagwat Название: Our Democratic First Amendment ISBN: 1108723675 ISBN-13(EAN): 9781108723671 Издательство: Cambridge Academ Рейтинг: Цена: 29570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Readers interested in constitutional history, law, and politics will enjoy this engaging examination of the origins of the First Amendment and its relationship to democracy. Illuminating lessons from the conflicts of the Framing era, Bhagwat provides a deeper context for understanding contemporary politics in the age of social media.
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.
Автор: Ronald J. Krotoszynski, Jr. Название: The Disappearing First Amendment ISBN: 1108722911 ISBN-13(EAN): 9781108722919 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Поставка под заказ. Описание: Demonstrates how the Supreme Court enforces rules against content and viewpoint discrimination, but has been less reliable in safeguarding First Amendment rights when ordinary citizens need the government`s assistance to speak. This book should be read by anyone concerned with free speech and its place in democratic self-government.
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: Breidenbach Michael D Название: Cambridge Companion to the First Amendment and Religious Lib ISBN: 1108405290 ISBN-13(EAN): 9781108405294 Издательство: Cambridge Academ Рейтинг: Цена: 38010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book offers accessible, scholarly insights on the First Amendment and religious liberty to undergraduate and graduate students in philosophy, law, history, and religious studies. Recent Supreme Court cases concerning religious liberty and related controversies in American culture make this book of wide interest to the general public as well.
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: Ric Simmons Название: Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century ISBN: 1108728960 ISBN-13(EAN): 9781108728966 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Невозможна поставка. Описание: Simmons takes a broad look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. This book will appeal to academics and students in the field of law, criminology, and political science, and will be of interest to policymakers, judges, lawyers, and lawmakers.
Автор: Steven Shiffrin, Jesse Choper, Frederick Schauer Название: The First Amendment, Cases-Comments-Questions ISBN: 1634597435 ISBN-13(EAN): 9781634597432 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 239310.00 T Наличие на складе: Невозможна поставка. Описание: This widely adopted soft cover casebook, designed for a two- or three-unit course in the First Amendment, has been thoroughly revised, tightened, and updated. The authors present the materials in a way that permits instructors to depart from the organization of the casebook with relative ease. The authors also try to expose students to original perspectives or perspectives they might otherwise miss. Notes and questions enable students to study the variety of competing views embodying the First Amendment as they emerge from concrete cases rather than imposing an abstract characterization and classification on the student at the outset of the study.
Автор: Kathleen Sullivan, Noah Feldman Название: First Amendment Law ISBN: 1634594487 ISBN-13(EAN): 9781634594486 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 211590.00 T Наличие на складе: Невозможна поставка. Описание: Provides in-depth coverage of the freedoms of speech, press and association, as well as the free exercise and establishment clauses. Highlights of this new edition include the state of the law on such contemporary First Amendment problems as restricting corporate expenditures in political campaigns and regulation of speech constituting material support of terror.
Автор: Tarkington, Margaret C. Название: In search of the first amendment rights of lawyers ISBN: 1107146836 ISBN-13(EAN): 9781107146839 Издательство: Cambridge Academ Рейтинг: Цена: 61250.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Voice of Justice is the first book to address the First Amendment rights of lawyers, providing a critical resource for lawyers, judges, and scholars. Securing lawyers` rights is essential to the justice system because it protects the lawyer in safeguarding client interests and in invoking, avoiding, and checking government power.
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.
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