Freedom of Expression in the Marketplace of Ideas

Freedom of Expression in the Marketplace of Ideas
Author: Douglas M. Fraleigh
Publisher: SAGE
Total Pages: 473
Release: 2010-05-19
Genre: Law
ISBN: 1452236909

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

United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1146
Release: 2013
Genre: Law
ISBN:

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

The PROTECT Act

The PROTECT Act
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
Total Pages: 56
Release: 2003
Genre: Child abuse
ISBN:

The Regulation of Internet Pornography

The Regulation of Internet Pornography
Author: Abhilash Nair
Publisher: Routledge
Total Pages: 212
Release: 2018-10-26
Genre: Law
ISBN: 1317538285

The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magnified this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues. This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories – child pornography, extreme pornography, and adult pornography – the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identifies the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.

Beyond Tolerance

Beyond Tolerance
Author: Philip Jenkins
Publisher: NYU Press
Total Pages: 272
Release: 2003-07
Genre: Business & Economics
ISBN: 0814742637

Jenkins looks at the first amendment and how it should be applied to child pornography on the internet.

The Brethren

The Brethren
Author: Bob Woodward
Publisher: Simon and Schuster
Total Pages: 717
Release: 2011-05-31
Genre: Political Science
ISBN: 1439126348

The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

Child Pornography

Child Pornography
Author: Alisdair A. Gillespie
Publisher: Routledge
Total Pages: 385
Release: 2012-02
Genre: Law
ISBN: 1136733825

Child Pornography: Law and Policy draws on interdisciplinary work in order to critically address the law relating to child pornography. Child pornography is recognized as a specific form of child abuse and there are now many national, and international, efforts to tackle it. Yet despite these efforts, the volume of child pornography, particularly on the internet, is increasing. The law has reacted to this situation by adapting its definitions, increasing sentences and providing new powers to law enforcement. It is, however, unclear how far the law should extend. What should the relationship be between criminalization and free-speech? Is there a link between the "use" of child pornography and contact offending? The issue of child pornography has been the subject of considerable literature in the areas of psychology, sociology and psychiatry. These studies provide the basis for a greater understanding of the nature of child pornography, as well as the profiles and behaviour of those who access or produce such material. Child Pornography: Law and Policy brings this wider literature to bear on the legal and policy frameworks relating to child pornography, questioning both the appropriateness and the effectiveness of the law in this context.

Governmental Principles and Statutes on Child Pornography

Governmental Principles and Statutes on Child Pornography
Author: Walker T. Holliday
Publisher: Nova Publishers
Total Pages: 164
Release: 2003
Genre: Family & Relationships
ISBN: 9781590338469

The First Amendment provides that 'Congress shall make no law... Bridging the freedom of speech, or of the press...'. The First Amendment applies, with two exceptions, to pornography and indecency, with those terms being used to refer to any words or pictures of a sexual nature. The two exceptions are obscenity and child pornography; because these are not protected by the First Amendment, they may be, and have been, made illegal. Child pornography is material that visually depicts sexual conduct by children, and is unprotected by the First Amendment even when it is not legally obscene. Federal statutes, in addition to making it a crime to transport or receive child pornography in interstate or foreign commerce, prohibit, among other things, the use of a minor in producing pornography, and provide for criminal and civil forfeiture of real and personal property used in making child pornography, and of the profits of child pornography. In addition, child pornography crimes are included among the predicate offences that may give rise to a violation of the Federal Racketeer Influenced and Corrupt Organisations Act. This book explains the laws that are currently implemented in the fight against child pornography. Also, the book goes on to discuss the various issues and problems associated with child pornography and how the American government has reacted to them.