First Amendment Institutions

First Amendment Institutions
Author: Paul Horwitz
Publisher: Harvard University Press
Total Pages: 490
Release: 2013-01-07
Genre: Law
ISBN: 0674070925

Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.

The First Amendment on Campus

The First Amendment on Campus
Author: Lee Elizabeth Bird
Publisher:
Total Pages: 228
Release: 2006
Genre: College students
ISBN: 9780931654466

"This book presents advice and guidance based on previous court cases and the experience of administrators and campus hearing officers who have dealt with difficult First Ammendment issues and lived to tell about it" -- P. 2.

Lessons in Censorship

Lessons in Censorship
Author: Catherine J. Ross
Publisher: Harvard University Press
Total Pages: 489
Release: 2015-10-19
Genre: Law
ISBN: 0674915771

American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.

The First Amendment in Schools

The First Amendment in Schools
Author: Charles C. Haynes
Publisher: ASCD
Total Pages: 219
Release: 2003
Genre: Education
ISBN: 1416601236

This book answers the most frequently asked questions about the First Amendment in public schools and provides a framework for giving all members of the school communitystudents, parents, teachers, administrators, and community membersa real voice in shaping the life of the school.

Free Speech on Campus

Free Speech on Campus
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.

What is Wrong with the First Amendment?

What is Wrong with the First Amendment?
Author: Steven H. Shiffrin
Publisher: Cambridge University Press
Total Pages: 241
Release: 2016-10-06
Genre: Law
ISBN: 1107160960

This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.

Rights of Students

Rights of Students
Author: David L. Hudson
Publisher: Infobase Publishing
Total Pages: 113
Release: 2009
Genre: Electronic books
ISBN: 143810619X

Is it fair to restrict certain students' rights in order to make schools safer?

How Rights Went Wrong

How Rights Went Wrong
Author: Jamal Greene
Publisher: Houghton Mifflin
Total Pages: 341
Release: 2021
Genre: Law
ISBN: 1328518116

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

The First Amendment and LGBT Equality

The First Amendment and LGBT Equality
Author: Carlos A. Ball
Publisher: Harvard University Press
Total Pages: 363
Release: 2017-03-27
Genre: History
ISBN: 0674972198

Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.

A Right to Lie?

A Right to Lie?
Author: Catherine J. Ross
Publisher: University of Pennsylvania Press
Total Pages: 184
Release: 2021-11-30
Genre: Political Science
ISBN: 0812253256

Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.