the first amendment and lgbt equality a contentious history

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The First Amendment And Lgbt Equality

Author : Carlos A. Ball
ISBN : 9780674972193
Genre : History
File Size : 79. 35 MB
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Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.

The Dynamic Free Speech Clause

Author : Timothy Zick
ISBN : 9780190841423
Genre : Law
File Size : 45. 37 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.

America S War On Same Sex Couples And Their Families

Author : Daniel R. Pinello
ISBN : 9781107123595
Genre : Political Science
File Size : 45. 22 MB
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Presents oral histories of how same-sex-marriage bans impacted gay couples and their children, and how courts rescued those families.

The Right S First Amendment

Author : Wayne Batchis
ISBN : 9780804798013
Genre : Law
File Size : 70. 88 MB
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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.

Lessons In Censorship

Author : Catherine J. Ross
ISBN : 9780674915770
Genre : Law
File Size : 36. 51 MB
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American public schools censor controversial student speech that the Constitution protects. Catherine Ross brings clarity to court rulings that define speech rights of young citizens and proposes ways to protect free expression, arguing that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy.

The Soul Of The First Amendment

Author : Floyd Abrams
ISBN : 9780300190885
Genre : Law
File Size : 63. 77 MB
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A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

From The Closet To The Courtroom

Author : Carlos A. Ball
ISBN : 9780807000786
Genre : History
File Size : 73. 66 MB
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The advancement of LGBT rights has come about through struggles large and small—on the streets, around kitchen tables, and on the Web. Lawsuits have also played a vital role in propelling the movement forward—and behind every lawsuit is a human story. A landlord in New York seeks to evict a gay man from his home after his partner of ten years dies of AIDS; school officials in Wisconsin look the other way as a gay teenager is repeatedly and viciously harassed by other students; a lesbian couple shows up at a clerk’s office in Hawaii seeking a marriage license. In From the Closet to the Courtroom, law professor Carlos Ball follows the stories behind these crucial lawsuits. Beginning each case narrative at the center, with the litigants, Ball broadens the framework to include society at large, before stepping back to deftly weave in the lawyers’ stories and their arguments. A richly layered and multifaceted account, Ball vividly and accessibly documents how these judicial victories have significantly altered LGBT lives today in ways that were unimaginable only a generation ago.

And Tango Makes Three

Author : Justin Richardson
ISBN : 9780857073846
Genre : Juvenile Fiction
File Size : 34. 17 MB
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Roy and Silo are just like the other penguin couples at the zoo - they bow to each other, walk together and swim together. But Roy and Silo are a little bit different - they're both boys. Then, one day, when Mr Gramzay the zookeeper finds them trying to hatch astone, he realises that it may be time for Roy and Silo to become parents for real.

When Free Exercise And Nonestablishment Conflict

Author : Kent Greenawalt
ISBN : 0674972201
Genre : Church and state
File Size : 26. 54 MB
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The First Amendment to the United States Constitution begins: "Congress shall make no law reflecting an establishment of religion or prohibiting the free exercise thereof." Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements--the so-called Nonestablishment Clause and the Free Exercise Clause--and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church's "establishment" interferes with free exercise. In this respect, the First Amendment's clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners' religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment's conflicting values into account.

Free Speech On Campus

Author : Erwin Chemerinsky
ISBN : 9780300231861
Genre : Political Science
File Size : 46. 42 MB
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Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.

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