Flag Burning And Free Speech
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Author | : Robert Justin Goldstein |
Publisher | : |
Total Pages | : 296 |
Release | : 2000 |
Genre | : History |
ISBN | : |
When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.
Author | : Robert Justin Goldstein |
Publisher | : |
Total Pages | : 0 |
Release | : 2000 |
Genre | : Flags |
ISBN | : 9780700610532 |
Discusses laws, court challenges, and issues regarding flag burning in the United States.
Author | : Ron Fridell |
Publisher | : Cavendish Square Publishing, LLC |
Total Pages | : 0 |
Release | : 2009 |
Genre | : Juvenile Nonfiction |
ISBN | : 9780761429531 |
Learn about the famous landmark decision concerning freedom of speech and flag burning.
Author | : Floyd Abrams |
Publisher | : Yale University Press |
Total Pages | : 170 |
Release | : 2017-01-01 |
Genre | : Law |
ISBN | : 0300190883 |
A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America 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.
Author | : Randy E. Barnett |
Publisher | : Harvard University Press |
Total Pages | : 489 |
Release | : 2021-11-02 |
Genre | : Law |
ISBN | : 0674257766 |
A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Author | : Michael Welch (Ph. D.) |
Publisher | : Transaction Publishers |
Total Pages | : 244 |
Release | : |
Genre | : Social Science |
ISBN | : 9780202366128 |
Responses to flag burning as a particular form of street protest tend to polarize into two camps: one holding the view that action of this sort is constitutionally protected protest; the other, that it is subversive and criminal activity. In this well-researched and richly documented volume, Welch examines the collision of these ideologies, and shows the relevance of sociological concepts to a deeper understanding of such forms of protest. In exploring social control of political protest in the United States, this volume embarks on an in-depth examination of flag desecration and efforts to criminalize that particular form of dissent. It seeks to examine the sociological process facilitating the criminalization of protest by attending to moral enterprises, civil religion, authoritarian aesthetics, and the ironic nature of social control. Flag burning is a potent symbolic gesture conveying sharp criticism of the state. Many American believe that flag desecration emerged initially during the Vietnam War era, but the history of this caustic form of protest can be traced to the period leading up to the Civil War. The act of torching Old Glory differs qualitatively from other forms of defiance. With this distinction in mind, attempts to penalize and deter flag desecration transcend the utilitarian function of regulating public protest. Despite popular claims that American society is built on genuine consensus, the flag-burning controversy brings to light the contentious nature of U.S. democracy and its ambivalence toward free expression. The First Amendment of the U.S. Constitution is often viewed as one of the more unpopular additions to the Bill of Rights. One constitutional commentator underscores this point by noting that the First Amendment gives citizens the right to tell people what they do not want to hear. Flag Burning is a well-written, informative volume suitable for courses in deviance, social problems, social movements, mass communication, criminology, and political science, as well as in sociology of law and legal studies.
Author | : Steven J. Heyman |
Publisher | : Yale University Press |
Total Pages | : 318 |
Release | : 2008-01-01 |
Genre | : Political Science |
ISBN | : 0300148224 |
Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaultin
Author | : Anthony Lewis |
Publisher | : ReadHowYouWant.com |
Total Pages | : 262 |
Release | : 2010 |
Genre | : History |
ISBN | : 1458758389 |
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.InFreedom 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.
Author | : Kent Greenawalt |
Publisher | : Princeton University Press |
Total Pages | : 202 |
Release | : 1996-05-13 |
Genre | : Philosophy |
ISBN | : 1400821673 |
Should "hate speech" be made a criminal offense, or does the First Amendment oblige Americans to permit the use of epithets directed against a person's race, religion, ethnic origin, gender, or sexual preference? Does a campus speech code enhance or degrade democratic values? When the American flag is burned in protest, what rights of free speech are involved? In a lucid and balanced analysis of contemporary court cases dealing with these problems, as well as those of obscenity and workplace harassment, acclaimed First Amendment scholar Kent Greenawalt now addresses a broad general audience of readers interested in the most current free speech issues.
Author | : Walter Berns |
Publisher | : University of Chicago Press |
Total Pages | : 165 |
Release | : 2002-09-15 |
Genre | : Political Science |
ISBN | : 0226044513 |
Although Samuel Johnson once remarked that "patriotism is the last refuge of scoundrels," over the course of the history of the United States we have seen our share of heroes: patriots who have willingly put their lives at risk for this country and, especially, its principles. And this is even more remarkable given that the United States is a country founded on the principles of equality and democracy that encourage individuality and autonomy far more readily than public spiritedness and self-sacrifice. Walter Berns's Making Patriots is a pithy and provocative essay on precisely this paradox. How is patriotism inculcated in a system that, some argue, is founded on self-interest? Expertly and intelligibly guiding the reader through the history and philosophy of patriotism in a republic, from the ancient Greeks through contemporary life, Berns considers the unique nature of patriotism in the United States and its precarious state. And he argues that while both public education and the influence of religion once helped to foster a public-minded citizenry, the very idea of patriotism is currently under attack. Berns finds the best answers to his questions in the thought and words of Abraham Lincoln, who understood perhaps better than anyone what the principles of democracy meant and what price adhering to them may exact. The graves at Arlington and Gettysburg and Omaha Beach in Normandy bear witness to the fact that self-interested individuals can become patriots, and Making Patriots is a compelling exploration of how this was done and how it might be again.