Freedom of Expression in the Supreme Court

The Defining Cases

Author: Terry Eastland

Publisher: Rowman & Littlefield

ISBN: 9780847697106

Category: Law

Page: 397

View: 8997

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: 6883

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: 1021

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.

Importing the First Amendment

Freedom of Speech and Expression in Britain, Europe and USA

Author: Ian Loveland

Publisher: Bloomsbury Publishing

ISBN: 1847310842

Category: Law

Page: 256

View: 8021

These studies by a group of eminent academics and judges compare the different approaches of the British, European and American courts to the questions of free speech, which lie at the heart of much debate in constitutional law. The authors of these studies adopt opposing views, some favouring the pursuit of a US-inspired approach to protecting free speech, in the belief that the political culture of British society would be enhanced if our courts were to fashion our common law in accordance with many First Amendment principles. Others, more sceptically, reject this embrace of US legal culture, offering distinctly "Ameri-sceptic" views and arguing for a solution based on common law principles and on the jurisprudence of the European courts.

Freedom of Speech

Author: Eric Barendt

Publisher: OUP Oxford

ISBN: 0191021741

Category: Law

Page: 568

View: 7107

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: 7723

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.

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: 6761

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 and Press

Exceptions to the First Amendment

Author: Henry Cohen

Publisher: DIANE Publishing

ISBN: 1437925553

Category: Freedom of speech

Page: 36

View: 4967

This report provides an overview of the major exceptions to the First Amendment ¿ of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. Contents: Intro.; Obscenity; Child Pornography; Content-Based Restrictions; Non-Content-Based Restrictions; Prior Restraint; Commercial Speech; Defamation; Speech Harmful to Children; Children¿s First Amend. Rights; Time, Place, and Manner Restrictions; Incidental Restrictions; Symbolic Speech; Compelled Speech; Radio and TV; Freedom of Speech and Gov¿t. Funding; Free Speech Rights of Gov¿t. Employees and Gov¿t. Contractors; and Public Forum Doctrine.

Too Much Free Speech?

Author: Randall P. Bezanson

Publisher: University of Illinois Press

ISBN: 0252037111

Category: Language Arts & Disciplines

Page: 266

View: 4852

"In this project Randall Bezanson examines judicial interpretations of free speech by means of a broad range of Supreme Court cases, arguing that over the past 15 years the Court has engaged in a truly revolutionary expansion of the reach of the free speech guarantee. The cases include the much-discussed Citizens United decision which granted the full measure of constitutional protection to speech by corporations; the Doe v. Reed case from Washington State that recognized the acts of signing petitions and voting in elections as acts of free speech; the Summum decision holding that the decision to select a monument for a public park and to reject another based on the government's disagreement with the monument's message is an act of government speech immunized from challenge by the First Amendment; and the Hurley and Dale cases that recognized free speech claims for messages and meanings that arose "out of thin air": speech without an author (a parade); and an author without a message (the Boy Scouts). As in earlier books on freedom of the press and of religion, Bezanson aims to arm the reader with the capacity to reach her or his own decision about whether the Court's conduct befitted the independent judicial branch and the consequences of its decisions for a representative democracy"--Provided by publisher.

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: 4091

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

Rights and Liberties Under the Law

Author: Kenneth Ira Kersch

Publisher: ABC-CLIO

ISBN: 1576076008

Category: History

Page: 395

View: 1855

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.

Art and Freedom of Speech

Author: Randall P. Bezanson

Publisher: University of Illinois Press

ISBN: 0252034430

Category: Art

Page: 313

View: 4713

Art on trial: exploring the Supreme Court's rulings on free expression

A Worthy Tradition

Freedom of Speech in America

Author: Harry Kalven

Publisher: HarperCollins

ISBN: 9780060916220

Category: Law

Page: 698

View: 568

A look at the First Amendment and Supreme Court decisions dealing with it, covers the content of speech and freedom of association, and discusses deportation, exclussion, and passport regulation

Freedom of Expression

In Constitutional and International Case Law

Author: Michel Verpeaux

Publisher: Council of Europe

ISBN: 9789287164643

Category: Political Science

Page: 219

View: 6134

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.

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: 3733

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)

Allgemeine Erklärung der Menschenrechte

Author: Vereinte Nationen

Publisher: Aegitas

ISBN: 500064137X

Category: Law

Page: 8

View: 7575

Die Allgemeine Erklärung der Menschenrechte (A/RES/217, UN-Doc. 217/A-(III)), auch: Deklaration der Menschenrechte oder UN-Menschenrechtscharta oder kurz AEMR, ist das ausdrückliche Bekenntnis der Vereinten Nationen zu den allgemeinen Grundsätzen der Menschenrechte. Es wurde am 10. Dezember 1948 von der Generalversammlung der Vereinten Nationen im Palais de Chaillot in Paris genehmigt und verkündet.

Freedom of Speech and Its Limits

Author: Wojciech Sadurski

Publisher: Springer Science & Business Media

ISBN: 9781402002816

Category: Philosophy

Page: 240

View: 2153

In authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority. The claims for freedom of speech focus on those exercises of freedom that are most fundamental and most beneficial to citizens - and which are denied to them by the government. But in a by-and large democratic polity, where these fundamental benefits of freedom of speech are generally enjoyed by the citizens, the public and scholarly discourse on freedom of speech hovers about the peripheries of that freedom; the focus is on its outer boundaries rather than at the central territory of freedom of speech. Those borderline cases, in which people who are otherwise genuinely committed to the core aspects of freedom of speech may sincerely disagree, include pornography, racist hate speech and religious bigoted expressions, defamation of politicians and of private persons, contempt of court, incitement to violence, disclosure of military or commercial secrets, advertising of merchandise such as alcohol or cigarettes or of services and entertainment such as gambling and prostitution.

Democracy and the problem of free speech

Author: Cass R. Sunstein

Publisher: Free Press

ISBN: N.A

Category: History

Page: 326

View: 7695

The right to free speech is invoked to protect an astonishing range of activities, a range that seems to expand every day. Newspapers publish the names of rape victims, flags are burned, pornography flourishes, and all of these controversial actions are protected under the constitutional right of free speech. The Supreme Court increasingly decides disputes by invoking the First Amendment. Civil libertarians, former antiwar protesters, and tobacco advertisers join revisionist conservatives in attacking almost all forms of censorship, extending the search to the farthest reaches of commercial and symbolic speech. In short, we are in the midst of a revolution of absolutist interpretations of free expression. The absolutists are misguided, argues Cass Sunstein. Our government now protects speech that causes harm yet forbids speech that is essential, he says. Instead, we should conceive of free speech first and foremost as a means to achieve civic deliberation and true popular sovereignty. Building on James Madison, Sunstein proposes a "New Deal" for the first Amendment, a new interpretation that attacks undifferentiated absolutism and replaces it with a vision of responsible public life. Sunstein examines broadcasting, campaign finance, hate speech, pornography, government art funding, commercial speech, and the privacy of rape victims. He insists that political speech, essential for the functioning of any democracy, must not only be protected, but encouraged. If the government, say were to use broadcasting markets to encourage attention to public issues and diverse points of view, the First Amendment would not stand in the way. Nonpolitical speech, on the other hand, should be less fullyprotected when it conflicts with other interests and rights such as that of privacy. Democracy cannot achieve its full potential with a stunted public discourse. Instant polls and 900 numbers may seem to increase political participation, but they are no substitute for reasoned and careful public deliberation. In Democracy and the Problem of Free Speech, Cass Sunstein points the way toward a renewal of American democracy and a reaffirmation of political equality.

Speechless

The Erosion of Free Expression in the American Workplace

Author: Bruce Barry

Publisher: Berrett-Koehler Publishers

ISBN: 1576755177

Category: Law

Page: 250

View: 3030

As our forms of communication continue to evolve, the question of freedom of expression in the workplace will stay on the front burner and interest continues to increase. This work discusses the subject of worker rights that tend to focus on employees' right to privacy. It also examines the larger question of workers' right to free expression.