the dynamic free speech clause

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The Dynamic Free Speech Clause

Author : Timothy Zick
ISBN : 9780190841430
Genre : Law
File Size : 66. 96 MB
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The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

The Dynamic Constitution

Author : Richard H. Fallon
ISBN : 0521600782
Genre : History
File Size : 82. 4 MB
Format : PDF
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Furnishes a fundamental introduction to American constitutional law for non-lawyers, covering such topics as the freedom of speech and the guarantee of equal protection, as well as the cases and personalities that have shaped constitutional law.

Religion And The State In American Law

Author : Boris I. Bittker
ISBN : 9781316381137
Genre : Law
File Size : 38. 28 MB
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Religion and the State in American Law provides a comprehensive and up-to-date overview of religion and government in the United States, from historical origins to modern laws and rulings. In addition to extensive coverage of the religion clauses of the First Amendment, it addresses many statutory, regulatory, and common-law developments at both the federal and state levels. Topics include the history of church-state relations and religious liberty, religion in the classroom, and expressions of religion in government. This book also covers the role of religion in specific areas of law such as contracts, taxation, employment, land use regulation, torts, criminal law, and domestic relations as well as in specialized contexts such as prisons and the military. Accessible to the general as well as the professional reader, this book will be of use to scholars, judges, practising lawyers, and the media.

The First Amendment

Author :
ISBN : 073556549X
Genre : Law
File Size : 26. 66 MB
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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.

Introduction To Law

Author : Henry R. Cheeseman
ISBN : STANFORD:36105063937143
Genre : Law
File Size : 43. 2 MB
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This complete introduction to law places emphasis on ethics and international issues, showing readers how to engage in ethical, analytical reasoning with every topic from legal fundamentals to areas of substantive law. The features of this book encourage readers to apply critical thinking, organizational and summation skills, and legal research tools to solve specific legal problems. The American court system, criminal law and ethics, contracts and E-Commerce, family law, real and personal property, agency, employment, and equal opportunity law, intellectual property and internet law, and administrative law, consumer, investor, and environmental protection. For paralegals, legal assistants, lawyers, and all legal professionals.

The Future Of Free Speech Law

Author : R. George Wright
ISBN : UOM:39015018512064
Genre : Business & Economics
File Size : 65. 23 MB
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This book considers the free speech issues associated with matters as diverse as the use of racial epithets, flag burning, obscenity, and speech by public employees, public school students, and public school teachers. The author argues persuasively that free speech law has become unnecessarily complex and that free speech protection has been extended well beyond the bounds suggested by the various reasons for protecting speech in the first place. These developments, he suggests, risk an eventual weakening of the public commitment to free speech as a fundamental value.

Mass Communication Law

Author : Donald M. Gillmor
ISBN : MINN:31951000476605F
Genre : Mass media
File Size : 87. 92 MB
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This text provides a comprehensive survey of media law. It is the original modern casebook in mass communication law, emphasizing learning of law principles and precedents directly from the writings of courts and administrative agencies.

Free Speech And National Security

Author : Jerold H. Israel
ISBN : UOM:35112102399583
Genre : Law
File Size : 50. 89 MB
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California Law Review

Author :
ISBN : UCAL:B4906747
Genre :
File Size : 42. 60 MB
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Rehnquist Justice

Author : Earl M. Maltz
ISBN : STANFORD:36105111838665
Genre : Law
File Size : 49. 43 MB
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With seven of its justices appointed by Republican presidents, today's Supreme Court has significantly altered America's legal landscape since 1986 by tilting constitutional jurisprudence to the right. That was the goal of Presidents Reagan and Bush in filling court vacancies and has been felt in cases related to federalism, economic rights, and affirmative action. However, liberal issues such as abortion have moved only marginally to the right, while rulings by the Court on school prayer and gay rights have moved constitutional doctrine slightly to the left. Here prominent constitutional scholars are joined by new voices from the cutting edge of academia to show that the Rehnquist Court's conservatism is less extreme than many have supposed. Reflecting views across the political spectrum, the contributors help readers understand the Court dynamic, its constrained conservatism, and the forces that shape constitutional law in general. As these authors show, the overall pattern of decision-making in the Rehnquist era cannot be attributed to any single, unified approach to constitutional analysis. Instead, it can only be understood as the product of a complex interaction among individual justices, each with an idiosyncratic view of the proper interpretation of the Constitution and the role of the Court in the American political system. These essays provide insight into this interaction by focusing on each member of the bench. From the staunch conservatism of Clarence Thomas, to the "accommodationism" of Sandra Day O'Connor, to the "liberal constitutionalism" of David Souter, the essays analyze the unique approach of each justice to interpreting the Constitution. They also show that thecurrent justices are the product of a nomination and confirmation process that has undergone a major transformation--one which now favors experienced, often unknown jurists over high-profile public servants. By concentrating at

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