what s wrong with the first amendment

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What S Wrong With The First Amendment

Author : Steven H. Shiffrin
ISBN : 9781316839546
Genre : Law
File Size : 89. 84 MB
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What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political reasons.

The Soul Of The First Amendment

Author : Floyd Abrams
ISBN : 9780300227529
Genre : Law
File Size : 68. 74 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.

Brandishing The First Amendment

Author : Tamara Piety
ISBN : 9780472027729
Genre : Law
File Size : 48. 7 MB
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Tamara R. Piety argues that increasingly expansive First Amendment protections for commercial speech imperil public health, safety, and welfare; the reliability of commercial and consumer information; the stability of financial markets; and the global environment. Using evidence from public relations and marketing, behavioral economics, psychology, and cognitive studies, she shows how overly permissive extensions of protections to commercial expression limit governmental power to address a broad range of public policy issues.

The First Amendment In Schools

Author : Charles C. Haynes
ISBN : 9780871207777
Genre : Law
File Size : 44. 8 MB
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Provides educators with answers to ninety questions on the First Amendment, covering such issues as school prayer, holidays, student groups, censorship, speech, dress codes, and the Internet.

Madison S Music

Author : Burt Neuborne
ISBN : 9781620970539
Genre : Law
File Size : 64. 46 MB
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Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires.

Free Speech Beyond Words

Author : Mark V. Tushnet
ISBN : 9781479880287
Genre : Law
File Size : 59. 3 MB
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The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’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.

First Amendment Cases Problems Materials

Author : Russell L. Weaver
ISBN : 9780769891293
Genre : Law
File Size : 38. 10 MB
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In creating this book, the authors of The First Amendment sought to create a "teacher's book" - a book that is easy to use, that produces rewarding classroom discussion, and that enables students to learn the concepts, doctrines, and analytical tools that underlie the First Amendment. It is designed to help students understand First Amendment theory, lead students to greater insights, generate classroom interactivity, and facilitate effective and inspired learning. It accomplishes these objectives through the inclusion of problems. The problems are designed to illustrate and clarify doctrinal principles and conflicts, place students in real-life litigation scenarios, help students view First Amendment issues in modern and historical context, and prepare students for actual practice. Some problems raise questions about ambiguous doctrines, while others ask students to apply existing doctrine to new situations. Most problems place students in the position of a lawyer and ask them to explain how they might argue a particular case (e.g., what facts or arguments they might use in support of their positions). The ultimate objective is to advance student ability to solve problems using critical thinking and thereby accelerate development of a core lawyering skill. Tradeoffs are necessary for any constitutional law casebook, and this book is no different. Although it includes the landmark cases, it does not attempt to catalog every decision (even every United States Supreme Court ruling) in each of the relevant areas. The authors have chosen cases for a variety of reasons: because they are modern cases that reflect the current state of the law; because they are "landmarks" that students need to read and understand; or because (even though they might be older cases) they provide critical context or enrich understanding and perspective. The accompanying Teacher's Manual helps familiarize teachers with the subject matter, summarizes the cases, suggests doctrinal or theoretical approaches, offers options on how the book can best be used in class, and provides answers to the problems presented in the casebook. Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

First Amendment Law In A Nutshell

Author : Jerome A. Barron
ISBN : UCSC:32106019876546
Genre : Law
File Size : 55. 44 MB
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This product provides a short and readable source for individuals interested in constitutional law, First Amendment law, and communications law. It is divided into four parts: the history, methodology, and philosophical foundations of the First Amendment; topics such as First Amendment issues that arise in cable television and in regulating children's access to the Internet; issues in First Amendment law such as the public forum doctrine, the compelled speech doctrine, and the free expression rights of government employees; and the text, history, and theory of the religion clauses, chronicling the ongoing battle in the Supreme Court between accommodationists and separationists.

The First Amendment Democracy And Romance

Author : Steven H. Shiffrin
ISBN : 9781400863464
Genre : Law
File Size : 68. 12 MB
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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 editions preserve the original texts of these important books while presenting them in durable paperback and hardcover 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.

Freeing The First Amendment

Author : David S. Allen
ISBN : 081470638X
Genre : Law
File Size : 28. 37 MB
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In 1998, a Mexican American woman named Estela Ruiz began seeing visions of the Virgin Mary in south Phoenix. The apparitions and messages spurred the creation of Mary’s Ministries, a Catholic evangelizing group, and its sister organization, ESPIRITU, which focuses on community-based initiatives and social justice for Latinos/as. Based on ten years of participant observation and in-depth interviews, The Virgin of El Barrio traces the spiritual transformation of Ruiz, the development of the community that has sprung up around her, and the international expansion of their message. Their organizations blend popular and official Catholicism as well as evangelical Protestant styles of praise and worship, shedding light on Catholic responses to the tensions between popular and official piety and the needs of Mexican Americans.

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