Freedom of Expression in the Supreme Court

The Defining Cases

Author: Terry Eastland

Publisher: Rowman & Littlefield

ISBN: 9780847697106

Category: Law

Page: 397

View: 7688

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 Expression in the Supreme Court

The Defining Cases

Author: Terry Eastland

Publisher: Rowman & Littlefield

ISBN: 9780847697113

Category: Law

Page: 397

View: 9566

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: 5257

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: 6933

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.

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: 4468

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.

Freedom of Expression in the Marketplace of Ideas

Author: Douglas M. Fraleigh,Joseph S. Tuman

Publisher: SAGE

ISBN: 1452236909

Category: Law

Page: 472

View: 8323

A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the "Marketplace of Ideas" metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in "big picture" issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions

Speaking Up

The Unintended Costs of Free Speech in Public Schools

Author: Anne Proffitt Dupre

Publisher: Harvard University Press

ISBN: 9780674031142

Category: Law

Page: 289

View: 4135

Describes court cases that have involved the balance between freedom of speech in schools and the need for discipline, discussing such issues as political protests, book banning, prayer, and freedom of speech for teachers.

A Worthy Tradition

Freedom of Speech in America

Author: Harry Kalven

Publisher: HarperCollins

ISBN: 9780060916220

Category: Law

Page: 698

View: 4280

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

Congress Shall Make No Law

The First Amendment, Unprotected Expression, and the U.S. Supreme Court

Author: David M. O'Brien

Publisher: Rowman & Littlefield Publishers

ISBN: 1442205121

Category: Political Science

Page: 150

View: 9890

The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech , or of the press. . . . ' Yet, in the following 200 years, the Supreme Court has defined certain categories of expression-the obscene, the defamatory, commercial, and fighting words or disruptive expression-as constitutionally unprotected. Noted legal scholar David O'Brien provides a history of each category of unprotected speech and puts into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection.

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: 2631

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)

Lessons in Censorship

How Schools and Courts Subvert Students' First Amendment Rights

Author: Catherine J. Ross

Publisher: Harvard University Press

ISBN: 0674915771

Category: Law

Page: 366

View: 5800

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 First Amendment, Freedom of Speech

Its Constitutional History and the Contemporary Debate

Author: Vikram Amar

Publisher: N.A

ISBN: N.A

Category: Law

Page: 304

View: 8956

This volume collects, edits and presents some of the most important classic and cutting-edge thinking on the constitutional freedom of speech. At a time when America is trying to export democracy abroad and preserve it at home against a backdrop of international security concerns, figuring out how society should permit its citizens to identify and represent themselves and come together to deliberate collectively is arguably more crucial now than ever before.

Democracy and the Problem of Free Speech

Author: Cass R. Sunstein

Publisher: Simon and Schuster

ISBN: 1439105359

Category: History

Page: 344

View: 4957

Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation. -- Akhil Amar, Southmayd Professor, Yale Law School This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy. -- Joshua Cohen, Massachusetts Institute of Technology How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject. -- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University

The Schoolhouse Gate

Public Education, the Supreme Court, and the Battle for the American Mind

Author: Justin Driver

Publisher: Pantheon

ISBN: 1101871660

Category: Law

Page: 544

View: 5385

An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.

Priests of Our Democracy

The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Author: Marjorie Heins

Publisher: NYU Press

ISBN: 0814790518

Category: Law

Page: 384

View: 707

In the early 1950s, New York City’s teachers and professors became the targets of massive investigations into their political beliefs and associations. Those who refused to cooperate in the questioning were fired. Some had undoubtedly been communists, and the Communist Party-USA certainly made its share of mistakes, but there was never evidence that the accused teachers had abused their trust. Some were among the most brilliant, popular, and dedicated educators in the city. Priests of Our Democracy tells of the teachers and professors who resisted the witch hunt, those who collaborated, and those whose battles led to landmark Supreme Court decisions. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to every American.

Freedom of Speech

Mightier Than the Sword

Author: David K. Shipler

Publisher: Vintage

ISBN: 0307947610

Category: Political Science

Page: 352

View: 7274

"From the longtime New York Times reporter, best-selling author, and Pulitzer Prize winner-- an expansive, timely assessment of the state of free speech in America. David Shipler's recent best seller, The Working Poor, cemented his place among our most trenchant social commentators. Now, he turns his keen, illuminating focus to another endangered American ideal: freedom of speech. Through selected accounts of First Amendment invocation and infringement, Shipler maps a rapidly shifting topography of political and cultural norms: parents in Michigan rallying to teachers vilified for their reading lists; conservative ministers risking their churches' tax-exempt status to preach politics from the pulpit; national security reporters using techniques more common in dictatorships to avoid leak prosecution; history teachers in Texas quietly navigating around a conservative curriculum to give students access to unapproved perspectives. Anchored in personal stories--sometimes shocking, sometimes absurd, sometimes dishearteningly familiar--but encompassing a theme as sweeping and essential as democracy itself, Freedom of Speech brilliantly reveals the triumphs and challenges of defining and protecting the boundaries of free expression in modern America"--

Freedom for the Thought That We Hate

A Biography of the First Amendment

Author: Anthony Lewis

Publisher: Basic Books

ISBN: 0465012930

Category: History

Page: 240

View: 1852

More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America's culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment. In Freedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America's great founding ideas.

The Oxford Companion to the Supreme Court of the United States

Author: Kermit L. Hall,James W. Ely,Joel B. Grossman

Publisher: Oxford University Press on Demand

ISBN: 0195176618

Category: Law

Page: 1239

View: 7976

The second edition of this authoritative guide on the impact of the Supreme Court's decisions on American society includes updated entries on key cases over the past thirteen years, as well as a fully revised treatment of areas of constitutional law.