Speech, Crime, and the Uses of Language

Speech, Crime, and the Uses of Language
Author: Kent Greenawalt
Publisher: Oxford University Press, USA
Total Pages: 349
Release: 1989
Genre: Language Arts & Disciplines
ISBN: 9780195057997

In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage.

Speech, Crime, and the Uses of Language

Speech, Crime, and the Uses of Language
Author: Kent Greenawalt
Publisher: Oxford University Press
Total Pages: 362
Release: 1992-09-17
Genre: Philosophy
ISBN: 0195360265

In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage.

Fighting Words

Fighting Words
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.

Human Liberty and Freedom of Speech

Human Liberty and Freedom of Speech
Author: C. Edwin Baker
Publisher: Oxford University Press
Total Pages: 396
Release: 1992-10-01
Genre: Law
ISBN: 0195360028

Although an inchoate liberty theory of freedom of speech has deep roots in Supreme Court decisions and political history, it has been overshadowed in judicial decisions and scholarly commentary by the marketplace of ideas theory. In this book, Baker critiques the assumptions required by the marketplace of ideas theory and develops the liberty theory, showing its philosophical soundness, persuasiveness, and ability to protect free speech. He argues that First Amendment liberty rights (as well as Fourteenth Amendment equality rights) required by political or moral theory are central to the possibility of progressive change. Problem areas are examined, including the question of whether individual political and civil rights can in principle be distinguished from property rights, freedom of the press, and the use of public spaces for expressive purposes.

Creating Language Crimes

Creating Language Crimes
Author: Roger W. Shuy
Publisher: Oxford University Press
Total Pages: 209
Release: 2005-09-15
Genre: Language Arts & Disciplines
ISBN: 0195181662

This book illustrates how linguistic analysis of undercover tape recordings made by law enforcement can help defense attorneys, law enforcement officers, judges, and juries better understand the effects of conversational strategies used to give the appearance of criminal activity. If only the appearance of such crime is created, law enforcement has not reached its evidentiary goal. Eleven conversational strategies were used in the twelve actual criminal cases described in this book.

A Test of Faith?

A Test of Faith?
Author: Marie-Claire Foblets
Publisher: Routledge
Total Pages: 417
Release: 2016-03-16
Genre: Law
ISBN: 1317186362

Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.

Religious Hatred and International Law

Religious Hatred and International Law
Author: Jeroen Temperman
Publisher: Cambridge University Press
Total Pages: 439
Release: 2016
Genre: Law
ISBN: 1107124174

This book conceptualizes the 'prohibition of advocacy of religious hatred' from the perspectives of international and comparative law.

Constitutionalism and American Culture

Constitutionalism and American Culture
Author: Sandra F. VanBurkleo
Publisher:
Total Pages: 472
Release: 2002
Genre: History
ISBN:

Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors

Politics, Taxes, and the Pulpit

Politics, Taxes, and the Pulpit
Author: Nina J. Crimm
Publisher: Oxford University Press, USA
Total Pages: 420
Release: 2011
Genre: Law
ISBN: 0195388054

In Politics, Taxes, and the Pulpit, Nina J. Crimm and Laurence H. Winer examine the provocative mix of religion, politics, and taxes involved in the controversy over houses of worship engaging in electoral political speech. The authors analyze the dilemmas associated with federal tax subsidies benefiting nonprofit houses of worship conditioned on their refraining from political campaign speech. The Supreme Court's recent Citizens United decision invalidating federal campaign finance restrictions on corporations' political campaign speech makes the remaining, analogous restrictive tax laws constraining many nonprofit entities all the more singular and problematic, particularly for houses of worship. Crimm and Winer explore the multifaceted constitutional tensions arising from this legal structure and implicating all fundamental values embodied in the First Amendment: free speech and free press, the free exercise of religion, and the avoidance of government establishment of religion. They also examine the history and economics of taxation of houses of worship. The authors conclude that there exists no means of fully resolving the irreconcilable clashes in a constitutionally permissible and politically and socially palatable manner. Nonetheless, Crimm and Winer offer several feasible legislative proposals for reforming tax provisions that likely will generate considerable debate. If Congress adopts the proposed reforms, however, the revised system should substantially ameliorate the disquieting constitutional tensions induced by the current tax laws and curb the growing emotionally charged atmosphere about the role of religion in the public sphere.

Terrorism: Commentary on Security Documents Volume 148

Terrorism: Commentary on Security Documents Volume 148
Author: Jr. Douglas C. Lovelace
Publisher: Oxford University Press
Total Pages: 368
Release: 2018-08-29
Genre: Law
ISBN: 0190654252

Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 148, Lone Wolf Terrorists, examines the phenomenon of the solitary domestic terrorist, analyzes the distinction between such terrorists and mass murderers who are not deemed to be terrorists, considers the motivations of violent extremists, and examines the dilemmas faced by law enforcement in preventing solitary political extremists with violent ideologies from translating their beliefs into actions. The volume is divided into three sections, providing an overview of the topic, an examination of strategies for prevention of such attacks, and a consideration of the Internet's role in contributing to radicalization. Documents included in this volume include a CRS report on domestic terrorism, a report examining violent radicalization from a criminal justice perspective, and a CRS report differentiating hate crimes from domestic terrorism, as well as other reports on the lone wolf terrorism phenomenon and strategies to prevent and/or counter it. The last document in the volume is a CRS report relating to the advocacy of terrorism on the Internet, especially including social media, and the ways in which law enforcement might be able to address the problem of dangerous online speech within the current U.S. legal structure.