Freedom of Expression in the Supreme Court

The Defining Cases

Author: Terry Eastland

Publisher: Rowman & Littlefield

ISBN: 9780847697106

Category: Law

Page: 397

View: 8747

In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.

Freedom of Speech: The Supreme Court and Judicial Review

Author: Martin Shapiro

Publisher: Quid Pro Books

ISBN: 1458196860

Category: Law

Page: 194

View: 8292

One of the great continuing disputes of U.S. politics is about the role of the Supreme Court. Another is about the First Amendment. This book is about both. A classic defense of the openly political role of the Court, this book belies the notion reasserted recently by Chief Justice Roberts that judges are just neutral umpires. Especially in the area of speech, judges make policy; they create law.

The Constitution of Electoral Speech Law

The Supreme Court and Freedom of Expression in Campaigns and Elections

Author: Brian K. Pinaire

Publisher: Stanford Law & Politics

ISBN: N.A

Category: Law

Page: 349

View: 2915

This book examines how the United States Supreme Court understands freedom of speech during political campaigns and elections. To address this question, the author considers both the nature of the Court's evaluation (or vision) of political speech in this context and the process by which this understanding is formulated, with a focus on four recent and representative cases.

Revolutionary Sparks

Freedom of Expression in Modern America

Author: Margaret A. Blanchard

Publisher: Oxford University Press on Demand

ISBN: 0195054369

Category: Literary Collections

Page: 572

View: 4053

Margaret Blanchard has had experience as a newspaper reporter as well as a teacher of journalism. Her book is a broad-gauged discussion of freedom of expression in America - that is, the right of Americans to speak their minds and to have access to a variety of information necessary for informed self-government. Subjects discussed range from questions of national security to those of public morality, from loyalty during times of national stress to the right to preach on a public street corner. The book also includes controversies involving the press, the national government, the Supreme Court, and civil liberties and civil rights concerns. Many famous incidents and doctrines will be discussed, including Watergate and secrecy in government.

Freedom of Speech

Author: Eric Barendt

Publisher: OUP Oxford

ISBN: 0191021741

Category: Law

Page: 568

View: 7638

This is a fully revised and updated new edition of the classic work first published in 1985. There have been many important developments since the first edition, including enactment of the Charter of Rights and Freedoms in Canada in 1982, the impact of the European Human Rights Convention, and the consideration by English courts of Judgments of the European Court of Human Rights. Social and cultural changes mean that free speech claims are being made in novel contexts: to challenge the validity of bans on tobacco advertising, to publish 'kiss and tell' stories about celebrities, and to resist attempts to regulate the Internet. Barendt considers the meaning and scope of freedom of speech. How far do free speech and expression clauses protect pornography, commercial advertising, and public meetings on the streets? Does this freedom cover desecration of a national flag? Does it include nude dancing? Eric Barendt discusses the legal protection of free speech in countries including England, the United States (including recent decisions of the United States Supreme Court), Canada, Germany, and under the European Human Rights Convention. He examines the varied approaches of different legal systems and constitutional traditions to balancing free speech and freedom of the press against rights to reputation and privacy, and to copyright and explores the case law in light of the philosophical and political arguments for free speech guarantees.

Free Expression and Democracy in America: A History (Large Print 16pt)

Author: Stephen M. Feldman

Publisher: ReadHowYouWant.com

ISBN: 1459606043

Category: Political Science

Page: 544

View: 8328

From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. If the connection between democracy and the freedom of speech is such a vital one, why would so many governmental leaders seek to quiet their citizens? Free Expression and Democracy traces two rival traditions in American culture - suppression of speech and dissent as a form of speech - to provide an unparalleled overview of the law, history, and politics of individual rights in the United States. Charting the course of free expression alongside the nation's political evolution, from the birth of the Constitution to the quagmire of the Vietnam War, Stephen M. Feldman argues that our level of freedom is determined not only by the Supreme Court, but also by cultural, social, and economic forces. Along the way, he pinpoints the struggles of excluded groups - women, African Americans, and laborers - to participate in democratic government as pivotal to the development of free expression. In an age when our freedom of speech is once again at risk, this momentous book will be essential reading for legal historians, political scientists, and history buffs alike. This edition is in two volumes. The second volume ISBN is 9781459606050.

Contested Words

Legal Restrictions on Freedom of Speech in Liberal Democracies

Author: Ian Cram

Publisher: Ashgate Publishing, Ltd.

ISBN: 9780754623656

Category: Law

Page: 233

View: 6890

In modern liberal democracies, rights-based judicial intervention in the policy choices of elected bodies has always been controversial. For some, judicial intervention has tended to trivialize and impoverish democratic politics. For others, judges are better understood as contributing to a healthy dialogue between the different spheres of the constitution. This book offers a contribution to on-going debates surrounding the judicial role in protecting human rights in western society.

Freedom of Speech

A Reference Guide to the United States Constitution

Author: Keith Werhan

Publisher: Greenwood Publishing Group

ISBN: 9780313319976

Category: Law

Page: 176

View: 2570

The Fair Labor Standards Act (FLSA) provides workers with minimum wage, overtime pay, and child labor protections. The FLSA covers most, but not all, private and public sector employees. In addition, certain employers and employees are exempt from coverage. Provisions of the FLSA that are of current interest to Congress include the basic minimum wage, subminimum wage rates, exemptions from overtime and the minimum wage for persons who provide companionship services, the exemption for employees in computer-related occupations, compensatory time in lieu of overtime pay, and break time for nursing mothers. The National Labor Relations Act (NLRA) recognizes the right of employees to engage in collective bargaining through representatives of their own choosing. By "encouraging the practice and procedure of collective bargaining," the Act attempts to mitigate and eliminate labor-related obstructions to the free flow of commerce. Although union membership has declined dramatically since the 1950s, congressional interest in the NLRA remains significant. This book provides an overview of both the Fair Labor Standards Act and the National Labor Relations Act with a focus on coverage, amendments and policy.

Freedom of Speech

Rights and Liberties Under the Law

Author: Kenneth Ira Kersch

Publisher: ABC-CLIO

ISBN: 1576076008

Category: History

Page: 395

View: 1700

Explores the dynamics of the First Amendment rights in the United States, showing how social, economic, and political changes in this nation affect the views and practice of free speech.

Freedom of Expression

In Constitutional and International Case Law

Author: Michel Verpeaux

Publisher: Council of Europe

ISBN: 9789287164643

Category: Political Science

Page: 219

View: 2487

Freedom of expression is not absolute, even although it is a fundamental right enshrined in the European Convention on Human Rights. Under the terms of the Article 10 of the Convention, its exercise may be subject to such restrictions as are prescribed by law and are "necessary in a democratic society" in order to uphold the rights of all individuals. The author compares and analyses the protection of and limits on the right to freedom of expression in the case law of European constitutional courts and the European Court of Human Rights, drawing on practical examples, to see whether a common European approach exists in this area.

The First Amendment in Cross-cultural Perspective

A Comparative Legal Analysis of the Freedom of Speech

Author: Ronald J. Krotoszynski

Publisher: NYU Press

ISBN: 0814747876

Category: Law

Page: 301

View: 6579

The First Amendment—and its guarantee of free speech for all Americans—has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speech doctrine. Ronald J. Krotoszynski, Jr., compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom—countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular—and largely American—assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.

The Politics of Freedom of Expression

The Decisions of the Supreme Court of the United States

Author: Mark J Richards

Publisher: Palgrave Macmillan

ISBN: 1137277580

Category: Law

Page: 220

View: 3944

The principle of content-neutrality is the cornerstone of freedom of expression jurisprudence, protecting the core values of freedom of speech set out in the first amendment, whilst also enabling the government to place reasonable restrictions on protected speech. The Politics of Freedom of Expression examines the US Supreme Court's decision-making in freedom of expression cases, from the Earl Warren Court in 1953 to the 2012 decisions of the John Roberts Court, assessing the extent to which the justices take into consideration their own political attitudes, jurisprudence and external factors such as federal government participation. In doing so, the book highlights the role of the civil rights movement in developing the content-neutrality jurisprudential regime. Establishing 'jurisprudential regime theory' as a framework for incorporating the various factors that can affect decision-making, the author draws on quantitative, qualitative and interpretive methods in order to analyse the justices' changing treatment of content-based and content-neutral cases over time. This unique theoretical approach allows the text to push beyond the traditional 'law versus politics' debate in order to critically evaluate the importance of content-neutrality to the Supreme Court's decision-making, and to compare decision-making in the US with Canada, Germany, Japan and the UK.

Free Speech On Trial

Communication Perspectives on Landmark Supreme Court Decisions

Author: Richard A. Parker

Publisher: University of Alabama Press

ISBN: 081735025X

Category: Language Arts & Disciplines

Page: 344

View: 5535

Essays by twenty legal communication scholars consider the eligibility of free speech and the issues associated with its protection, in a collection that considers such topics as unregulated speech and the free market, the concept of obscenity as expression, symbolic language, and the consequences of pre-publication restraint. Simultaneous. (Politics & Government)

Lady Chatterley (Letzte, unzensierte Version)

Author: D. H. Lawrence

Publisher: Cloudship

ISBN: 3961126208

Category: Fiction

Page: 360

View: 8291

D. H. Lawrence: Lady Chatterley und ihr Liebhaber. Letzte, unzensierte VersionFür die eBook-Ausgabe neu editiert, in aktualisierter Rechtschreibung und modernisierter Übersetzung. Mit eBook-Inhaltsverzeichnis und verlinkten Fußnoten›Sie hatte gedacht, eine Frau würde dabei sterben vor Scham. Stattdessen starb die Scham.‹Mittelengland, 1920: Constance Chatterley, Baronin in Wragby Hall, ist vom Zusammenleben mit ihrem Ehemann Clifford, der durch eine Kriegsverletzung impotent geworden war, frustriert. Da lernt sie Oliver Mellors, den neuen Wildhüter ihres Mannes kennen. Einerseits abgestoßen von seiner Respektlosigkeit und Derbheit, andererseits angezogen von seiner vitalen Männlichkeit, gerät Constance in ein Chaos der Gefühle. Die Faszination überwiegt, und sie beginnt eine Affäre mit dem Mann, die immer leidenschaftlicher, intimer und zügelloser wird. Constance erlebt körperliche Intensität, sexuelle Praktiken und eine wollüstige Befriedigung, wie sie dies nie für möglich gehalten hätte. – Kompliziert wird die Geschichte, als sie feststellt, dass sie schwanger ist ... © Redaktion CloudShip›Lady Chatterley und ihr Liebhaber‹ ist ein Klassiker der erotischen Literatur und enthält zeitlose Wahrheiten über das Zusammensein von Mann und Frau. Und gleichzeitig ist es ein Skandalbuch erster Güte, das viele Jahre lang in den meisten Ländern Europas auf dem ›Index‹ stand und nur versteckt gehandelt werden konnte.

The Tolerant Society

Freedom of Speech and Extremist Speech in America

Author: Lee C. Bollinger

Publisher: New York : Oxford University Press ; Oxford : Clarendon Press

ISBN: N.A

Category: Political Science

Page: 295

View: 1657

Reexamines standard explanations for the First Amendment and argues that freedom of speech promotes tolerance and thereby strengthens American society