The First Amendment
Author | : David L. Hudson |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Constitutional law |
ISBN | : 9780314606488 |
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Author | : David L. Hudson |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Constitutional law |
ISBN | : 9780314606488 |
Author | : Adrienne Stone |
Publisher | : Oxford University Press, USA |
Total Pages | : 609 |
Release | : 2021-01-14 |
Genre | : Law |
ISBN | : 019882758X |
The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.
Author | : Greg Lukianoff |
Publisher | : Encounter Books |
Total Pages | : 67 |
Release | : 2014-09-09 |
Genre | : Political Science |
ISBN | : 1594038074 |
This is a surreal time for freedom of speech. While the legal protections of the First Amendment remain strong, the culture is obsessed with punishing individuals for allegedly offensive utterances. And academia - already an institution in which free speech is in decline - has grown still more intolerant, with high-profile "disinvitation" efforts against well-known speakers and demands for professors to provide "trigger warnings" in class. In this Broadside, Greg Lukianoff argues that the threats to free speech go well beyond political correctness or liberal groupthink. As global populations increasingly expect not just physical comfort but also intellectual comfort, threats to freedom of speech are only going to become more intense. To fight back, we must understand this trend and see how students and average citizens alike are increasingly demanding freedom from speech.
Author | : Jacob Mchangama |
Publisher | : Hachette UK |
Total Pages | : 430 |
Release | : 2022-02-08 |
Genre | : Political Science |
ISBN | : 154162033X |
“The best history of free speech ever written and the best defense of free speech ever made.” —P.J. O’Rourke Hailed as the “first freedom,” free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Through captivating stories of free speech’s many defenders—from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Rāzī, to the anti-lynching crusader Ida B. Wells and modern-day digital activists—Mchangama reveals how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Yet the desire to restrict speech, too, is a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all stripes. Meticulously researched and deeply humane, Free Speech demonstrates how much we have gained from this principle—and how much we stand to lose without it.
Author | : Erwin Chemerinsky |
Publisher | : Yale University Press |
Total Pages | : 216 |
Release | : 2017-09-12 |
Genre | : Political Science |
ISBN | : 0300231865 |
Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
Author | : Michael Bérubé |
Publisher | : JHU Press |
Total Pages | : 304 |
Release | : 2022-04-26 |
Genre | : Education |
ISBN | : 1421443880 |
How far does the idea of academic freedom extend to professors in an era of racial reckoning? The protests of summer 2020, which were ignited by the murder of George Floyd, led to long-overdue reassessments of the legacy of racism and white supremacy in both American academe and cultural life more generally. But while universities have been willing to rename some buildings and schools or grapple with their role in the slave trade, no one has yet asked the most uncomfortable question: Does academic freedom extend to racist professors? It's Not Free Speech considers the ideal of academic freedom in the wake of the activism inspired by outrageous police brutality, white supremacy, and the #MeToo movement. Arguing that academic freedom must be rigorously distinguished from freedom of speech, Michael Bérubé and Jennifer Ruth take aim at explicit defenses of colonialism and theories of white supremacy—theories that have no intellectual legitimacy whatsoever. Approaching this question from two angles—one, the question of when a professor's intramural or extramural speech calls into question his or her fitness to serve, and two, the question of how to manage the simmering tension between the academic freedom of faculty and the antidiscrimination initiatives of campus offices of diversity, equity, and inclusion—they argue that the democracy-destroying potential of social media makes it very difficult to uphold the traditional liberal view that the best remedy for hate speech is more speech. In recent years, those with traditional liberal ideals have had very limited effectiveness in responding to the resurgence of white supremacism in American life. It is time, Bérubé and Ruth write, to ask whether that resurgence requires us to rethink the parameters and practices of academic freedom. Touching as well on contingent faculty, whose speech is often inadequately protected, It's Not Free Speech insists that we reimagine shared governance to augment both academic freedom and antidiscrimination initiatives on campuses. Faculty across the nation can develop protocols that account for both the new realities—from the rise of social media to the decline of tenure—and the old realities of long-standing inequities and abuses that the classic liberal conception of academic freedom did nothing to address. This book will resonate for anyone who has followed debates over #MeToo, Black Lives Matter, Critical Race Theory, and "cancel culture"; more specifically, it should have a major impact on many facets of academic life, from the classroom to faculty senates to the office of the general counsel.
Author | : Ellis Cose |
Publisher | : HarperCollins |
Total Pages | : 167 |
Release | : 2020-09-15 |
Genre | : Political Science |
ISBN | : 0062999737 |
Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.
Author | : Laura Weinrib |
Publisher | : Harvard University Press |
Total Pages | : 472 |
Release | : 2016-10-10 |
Genre | : History |
ISBN | : 0674545710 |
In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.
Author | : Randall P. Bezanson |
Publisher | : University of Illinois Press |
Total Pages | : 330 |
Release | : 2009 |
Genre | : Art |
ISBN | : 0252034430 |
Art on trial: exploring the Supreme Court's rulings on free expression
Author | : Péter Molnár |
Publisher | : Central European University Press |
Total Pages | : 562 |
Release | : 2015-02-01 |
Genre | : Political Science |
ISBN | : 9633860571 |
This book focuses on regulatory challenges of creating and sustaining freedom of speech and freedom of information two decades after the fall of the Berlin wall, in global, comparative context. Some chapters overview, others address specific issues, or describe country case studies. Instead of trying to provide an exhaustive assessment which in one volume might not reach deeper analyzes of contextual details, this book will shed light on and help better understanding of general challenges for freedom of speech and information through varying comparative examples and highlighting important regulatory questions.