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.
The Defining Cases
Author: Terry Eastland
Publisher: Rowman & Littlefield
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.
Author: Martin Shapiro
Publisher: Quid Pro Books
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 Supreme Court and Freedom of Expression in Campaigns and Elections
Author: Brian K. Pinaire
Publisher: Stanford Law & Politics
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 Expression in Modern America
Author: Margaret A. Blanchard
Publisher: Oxford University Press on Demand
Category: Literary Collections
Through the use of a variety of interesting case situations, this book addresses current issues about freedom of expression.
Author: Robert Trager,Donna L. Dickerson
Publisher: Pine Forge Press
Category: Language Arts & Disciplines
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.
Author: Stephen M. Feldman
Category: Political Science
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.
Legal Restrictions on Freedom of Speech in Liberal Democracies
Author: Ian Cram
Publisher: Ashgate Publishing, Ltd.
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.
A Reference Guide to the United States Constitution
Author: Keith Werhan
Publisher: Greenwood Publishing Group
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.
Rights and Liberties Under the Law
Author: Kenneth Ira Kersch
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.
In Constitutional and International Case Law
Author: Michel Verpeaux
Publisher: Council of Europe
Category: Political Science
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.
A Comparative Legal Analysis of the Freedom of Speech
Author: Ronald J. Krotoszynski
Publisher: NYU Press
DIVConsiders key struggles for free speech in early U.S. history, most of which were settled outside the judicial arena by legislatures following public opinion./div
Struggles for Freedom of Expression in American History
Author: Michael Kent Curtis
Publisher: Duke University Press
Presents the edited texts of the decisions issued by the United States Supreme Court in thirteen Free Speech Clause cases brought before the court between 1919 and 1992.
Author: Maureen Harrison,Steve Gilbert
Category: Freedom of speech
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.
The Decisions of the Supreme Court of the United States
Author: Mark J Richards
Publisher: Palgrave Macmillan
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)
Communication Perspectives on Landmark Supreme Court Decisions
Author: Richard A. Parker
Publisher: University of Alabama Press
Category: Language Arts & Disciplines
Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.
Author: Richard Moon
Publisher: University of Toronto Press
Author: Daudin Clavaud, Paul,Mendel, Toby,Lafrenière, Ian
Publisher: UNESCO Publishing
Reexamines standard explanations for the First Amendment and argues that freedom of speech promotes tolerance and thereby strengthens American society
Freedom of Speech and Extremist Speech in America
Author: Lee C. Bollinger
Publisher: New York : Oxford University Press ; Oxford : Clarendon Press
Category: Political Science