Reflections on Freedom of Speech and the First Amendment

Reflections on Freedom of Speech and the First Amendment
Author: George Anastaplo
Publisher: University Press of Kentucky
Total Pages: 346
Release: 2007-02-16
Genre: Performing Arts
ISBN: 0813124247

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Governments throughout history have struggled to define the boundaries of the right to freedom of speech. Even though the United States explicitly articulates freedom of speech in the First Amendment to the Constitution, the judicial branch frequently reinterprets the amendment by allowing laws to limit that freedom. In Reflections on Freedom of Speech and the First Amendment, noted legal theorist George Anastaplo details the history and intellectual foundations of freedom of speech, using examples from Socrates, Jesus, and Sir Thomas More to demonstrate how freedom of speech has evolved over centuries. Anastaplo pays particular attention to freedom of speech as it relates to the U.S. Constitution, and he describes potential First Amendment issues, such as cases involving the Internet. Anastaplo provides an in-depth look at a controversial issue, and he defines freedom of speech in precise terms for both scholars and those interested in one of our most cherished rights.

The Free Speech Movement

The Free Speech Movement
Author: Robert Cohen
Publisher: Univ of California Press
Total Pages: 665
Release: 2002-10-01
Genre: Education
ISBN: 052092861X

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This is the authoritative and long-awaited volume on Berkeley's celebrated Free Speech Movement (FSM) of 1964. Drawing from the experiences of many movement veterans, this collection of scholarly articles and personal memoirs illuminates in fresh ways one of the most important events in the recent history of American higher education. The contributors—whose perspectives range from that of FSM leader Mario Savio to University of California president Clark Kerr—-shed new light on such issues as the origins of the FSM in the civil rights movement, the political tensions within the FSM, the day-to-day dynamics of the protest movement, the role of the Berkeley faculty and its various factions, the 1965 trial of the arrested students, and the virtually unknown "little Free Speech Movement of 1966."

The First Freedom

The First Freedom
Author: Albert J. Menendez
Publisher:
Total Pages:
Release: 1985
Genre: United States
ISBN:

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The Soul of the First Amendment

The Soul of the First Amendment
Author: Floyd Abrams
Publisher: Yale University Press
Total Pages: 137
Release: 2017-04-25
Genre: Political Science
ISBN: 0300227523

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The nation’s most celebrated First Amendment lawyer“explores the American right to free speech in this thoughtful and concise volume” (Publishers Weekly). 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. “Abrams’s engaging and plain-spoken reflections will be of interest to those already steeped in constitutional law as well as young readers curious about the nation’s founding ideals . . . For Abrams, one inescapable truth applies across the history of First Amendment disputes. To allow the government to determine whose speech can be regulated . . . is, as [his] fascinating history shows, literally to play with fire.”—The Wall Street Journal “He dives into historic and contemporary controversies that test our adherence to these principles, noting, ‘Speech is sometimes ugly, outrageous, even dangerous.’”—The Washington Post

Democracy and the Problem of Free Speech

Democracy and the Problem of Free Speech
Author: Cass R. Sunstein
Publisher: Simon and Schuster
Total Pages: 554
Release: 1995-02-01
Genre: History
ISBN: 1439105359

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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

Reflections on Constitutional Law

Reflections on Constitutional Law
Author: George Anastaplo
Publisher: University Press of Kentucky
Total Pages: 288
Release: 2006-08-25
Genre: Law
ISBN: 0813137292

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Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is said -- what considerations it weighed and how -- than it is to know what it is recorded that the Court "decided." In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.

HATE

HATE
Author: Nadine Strossen
Publisher: Oxford University Press
Total Pages: 233
Release: 2018-04-02
Genre: Law
ISBN: 019085913X

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The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

The Free Speech Century

The Free Speech Century
Author: Lee C. Bollinger
Publisher:
Total Pages: 377
Release: 2019
Genre: Law
ISBN: 0190841370

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The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.

Freeing the First Amendment

Freeing the First Amendment
Author: David S. Allen
Publisher: NYU Press
Total Pages: 309
Release: 1995-11
Genre: Law
ISBN: 081470638X

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In a society that prides itself on the most expansive legal guarantees of free speech in history, why are so many individuals and groups frustrated by the American system of freedom of expression? As the public sphere continues to be redefined by advances in technology, and new debates about this technology crop up daily, the time has come to move from reflexive discussions about the value of more speech to a detailed assessment of the real power and limits of speech.Why, this volume asks, does the First Amendment--the very document intended to ensure the freedom of U.S. citizens--need to be freed? And from what?Long an icon in American law, politics, and journalism, the First Amendment--and the potential and real dilemmas with which it presents us--have only recently begun to be scrutinized. Challenging the idea that the only champions of free speech are traditional liberal theorists who oppose alternatives to the mainstream interpretation of the First Amendment, the contributors to this volume, among them such prominent thinkers as Frederick Schauer, Owen Fiss, and Cass Sunstein, explore new and provocative ways to think about freedom of expression. By reformulating traditional liberal and libertarian approaches to the First Amendment, this volume convincingly disputes the notion that those who question an unwavering reliance on free- and-open competition between individuals to produce free expression are necessarily enemies of free speech. It argues instead that these alleged enemies can in fact be champions as well.

Speech Matters

Speech Matters
Author: Seana Valentine Shiffrin
Publisher: Princeton University Press
Total Pages: 249
Release: 2016-11-08
Genre: Philosophy
ISBN: 0691173613

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To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception. Drawing on legal as well as philosophical arguments, the book defends a series of notable claims—that you may not lie about everything to the "murderer at the door," that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects. Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers.