Our Democratic First Amendment
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Author | : Ashutosh Bhagwat |
Publisher | : Cambridge University Press |
Total Pages | : 179 |
Release | : 2020-06-04 |
Genre | : Law |
ISBN | : 1108583423 |
The First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today's world? In this highly readable account, Ashutosh Bhagwat explores the answers to these questions. The first part of the book looks at the history of the First Amendment, early political conflicts over its meaning, and the lessons to be learned from those events about the nature of our system of government. The second part applies those lessons to our modern, fractious democracy as it has evolved in the age of the Internet and social media. Now as then, the key to maintaining that democracy, it turns out, is an active citizenry that fully embraces the First Amendment.
Author | : Ashutosh A. Bhagwat |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : Democracy |
ISBN | : 9781108676373 |
"This chapter looks at the history and meaning of the two most familiar provisions of the First Amendment, and indeed of the entire Constitution: Freedom of Speech and Freedom of the Press. The importance of free speech and a free press to a functioning democracy is not seriously controverted, which is why in the modern era-meaning, essentially, since the late 1960s-there has been a broad consensus across the political spectrum that robust enforcement of these rights is essential"--
Author | : Steven H. Shiffrin |
Publisher | : Princeton University Press |
Total Pages | : 296 |
Release | : 2014-07-14 |
Genre | : Law |
ISBN | : 1400863465 |
If an organizing symbol makes sense in First Amendment jurisprudence, it is not the image of a content-neutral government, argues Steven Shiffrin, nor is it a town-hall meeting or even a robust marketplace of ideas. If the First Amendment is to have an organizing symbol, let it be an Emersonian symbol: let it be the image of the dissenter. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
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 | : Martin H. Redish |
Publisher | : Stanford University Press |
Total Pages | : 251 |
Release | : 2013-06-12 |
Genre | : Law |
ISBN | : 0804786348 |
The Adversary First Amendment presents a unique and controversial rethinking of modern American democratic theory and free speech. Most free speech scholars understand the First Amendment as a vehicle for or protection of democracy itself, relying upon cooperative or collectivist theories of democracy. Martin Redish reconsiders free speech in the context of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own values and interests. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of that conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity, and the individual growth and development deriving from the promotion of individual interests. Drawing on previous free speech scholarship and case studies of controversial speech, Redish advances a theory of free expression grounded in democratic notions of self-promotion and controlled adversary conflict, making a strong case for its application across such areas as commercial speech, campaign spending, and anonymous speech.
Author | : Timothy E. Cook |
Publisher | : LSU Press |
Total Pages | : 262 |
Release | : 2014-06-09 |
Genre | : Language Arts & Disciplines |
ISBN | : 0807154202 |
"A thoughtful, provocative, and timely account of the meaning of a free press in the United States." -- American Journal of Political Science Most Americans consider a free press essential to democratic society -- -either as an independent watchdog against governmental abuse of power or as a wide-open marketplace of ideas. But few understand that far--reaching public policies have shaped the news citizens receive. With contributions from leading scholars in the fields of history, legal scholarship, political science, and communications, this revised and updated edition of Freeing the Presses offers an in-depth inquiry into the theory and practice of journalistic freedom. In addition to a new foreword by Regina G. Lawrence and afterword by Laura Stein, Freeing the Presses presents fresh and timely analyses of the complexities of news media and politics.
Author | : Patrick M. Garry |
Publisher | : University of Pittsburgh Pre |
Total Pages | : 209 |
Release | : 2010-11-23 |
Genre | : Law |
ISBN | : 0822974746 |
In our age of media revolutions, Patrick M. Garry offers guidelines for constitutionally redefining the press, and maintains that the First Amendment press clause must broaden the scope of its freedoms to include the communication activities of a much larger public.
Author | : Lee C. Bollinger |
Publisher | : |
Total Pages | : 377 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0190841370 |
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.
Author | : John F. Kowal |
Publisher | : The New Press |
Total Pages | : 493 |
Release | : 2021-09-21 |
Genre | : Law |
ISBN | : 1620975629 |
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Author | : Stephen Breyer |
Publisher | : Vintage |
Total Pages | : 176 |
Release | : 2007-12-18 |
Genre | : Political Science |
ISBN | : 0307424618 |
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.