Freedom for the Thought that We Hate

A Biography of the First Amendment
Author: Anthony Lewis
Publisher: ReadHowYouWant.com
ISBN: 1458758389
Category: History
Page: 274
View: 8785

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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. In Freedom 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.

Freedom for the Thought That We Hate

A Biography of the First Amendment
Author: Anthony Lewis
Publisher: Basic Books
ISBN: 0465012930
Category: History
Page: 240
View: 2592

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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. In Freedom 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.

Freedom for the Thought That We Hate

A Biography of the First Amendment
Author: Anthony Lewis
Publisher: Hachette UK
ISBN: 0465012930
Category: History
Page: 240
View: 849

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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. In Freedom 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.

Make No Law

The Sullivan Case and the First Amendment
Author: Anthony Lewis
Publisher: Vintage
ISBN: 0307787826
Category: Political Science
Page: 368
View: 2382

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The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel -- and was awarded $500,000 by a local jury -- because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize -- winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers -- and ordinary citizens -- can print or say.

The Soul of the First Amendment

Why Freedom of Speech Matters
Author: Floyd Abrams
Publisher: Yale University Press
ISBN: 0300190883
Category: Law
Page: 176
View: 580

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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.

Freedom for the Thought that We Hate

A Biography of the First Amendment
Author: Anthony Lewis
Publisher: Basic Books (AZ)
ISBN: N.A
Category: History
Page: 221
View: 6658

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Chronicles the history of the free expression clauses of the First Amendment, describing the judges, lawyers, and activists that participated in the legal and political conflicts over freedom of speech and the press in the United States.

Hate Speech

The History of an American Controversy
Author: Samuel Walker
Publisher: U of Nebraska Press
ISBN: 9780803297517
Category: History
Page: 217
View: 4078

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Offers a chronological history of the U.S. policy on hate speech, which in most other countries is prohibited

The First Amendment, Freedom of Speech

Its Constitutional History and the Contemporary Debate
Author: Vikram Amar
Publisher: N.A
ISBN: N.A
Category: Law
Page: 304
View: 1164

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This volume collects, edits and presents some of the most important classic and cutting-edge thinking on the constitutional freedom of speech. At a time when America is trying to export democracy abroad and preserve it at home against a backdrop of international security concerns, figuring out how society should permit its citizens to identify and represent themselves and come together to deliberate collectively is arguably more crucial now than ever before.

The Great Dissent

How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America
Author: Thomas Healy
Publisher: Macmillan
ISBN: 0805094563
Category: Biography & Autobiography
Page: 322
View: 4764

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Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero. (This book was previously featured in Forecast.)

HATE

Why We Should Resist It with Free Speech, Not Censorship
Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 0190859148
Category: Law
Page: 240
View: 5231

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HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

Madison's Music

On Reading the First Amendment
Author: Burt Neuborne
Publisher: New Press, The
ISBN: 1620970538
Category: Law
Page: 272
View: 2570

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Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires.

Freedom of Speech


Author: Eric Barendt
Publisher: Oxford University Press
ISBN: 0199244510
Category: Business & Economics
Page: 526
View: 1850

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Fully revised and updated, this title examines topical issues such as free speech and freedom of the press, as well as considering other important developments and legislation.

Free Speech, “The People’s Darling Privilege”

Struggles for Freedom of Expression in American History
Author: Michael Kent Curtis
Publisher: Duke University Press
ISBN: 9780822325291
Category: History
Page: 520
View: 1504

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DIVConsiders key struggles for free speech in early U.S. history, most of which were settled outside the judicial arena by legislatures following public opinion./div

Gideon's Trumpet


Author: Anthony Lewis
Publisher: Vintage
ISBN: 030780528X
Category: History
Page: 288
View: 4196

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A history of the landmark case of James Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964.

Free Speech Beyond Words

The Surprising Reach of the First Amendment
Author: Mark V. Tushnet,Alan K. Chen,Joseph Blocher
Publisher: NYU Press
ISBN: 1479880280
Category: Law
Page: 272
View: 5184

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The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.

The First Amendment

Freedom of the Press : Its Constitutional History and the Contemporary Debate
Author: Garrett Epps
Publisher: N.A
ISBN: 9781591025634
Category: Law
Page: 366
View: 7044

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Award-winning legal scholar Garrett Epps has selected significant historical and contemporary articles in addition to a sampling of key cases on freedom of the press in this outstanding collection.

Speaking Freely

Trials of the First Amendment
Author: Floyd Abrams
Publisher: Penguin
ISBN: 110120107X
Category: Political Science
Page: 352
View: 5355

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The rights guaranteed in the First Amendment—including freedom of expression—are among the fundamental touchstones of our democracy. In Speaking Freely, Floyd Abrams, who for over thirty years has been our most eloquent and respected advocate for uncensored expression, recounts some of the major cases of his remarkable career—landmark trials and Supreme Court arguments that have involved key First Amendment protections.With adversaries as diverse as Richard Nixon and Wayne Newton and allies as unlikely as Kenneth Starr, Abrams takes readers behind the scenes to explain his strategies, the ramifications of each decision, and its long-term significance, presenting a clear and compelling look at the law in action.

Freedom of Speech

Mightier Than the Sword
Author: David K. Shipler
Publisher: Vintage
ISBN: 0307947610
Category: Political Science
Page: 352
View: 1057

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"From the longtime New York Times reporter, best-selling author, and Pulitzer Prize winner-- an expansive, timely assessment of the state of free speech in America. David Shipler's recent best seller, The Working Poor, cemented his place among our most trenchant social commentators. Now, he turns his keen, illuminating focus to another endangered American ideal: freedom of speech. Through selected accounts of First Amendment invocation and infringement, Shipler maps a rapidly shifting topography of political and cultural norms: parents in Michigan rallying to teachers vilified for their reading lists; conservative ministers risking their churches' tax-exempt status to preach politics from the pulpit; national security reporters using techniques more common in dictatorships to avoid leak prosecution; history teachers in Texas quietly navigating around a conservative curriculum to give students access to unapproved perspectives. Anchored in personal stories--sometimes shocking, sometimes absurd, sometimes dishearteningly familiar--but encompassing a theme as sweeping and essential as democracy itself, Freedom of Speech brilliantly reveals the triumphs and challenges of defining and protecting the boundaries of free expression in modern America"--

Must We Defend Nazis?

Hate Speech, Pornography, and the New First Amendment
Author: Richard Delgado,Jean Stefancic
Publisher: NYU Press
ISBN: 0814719236
Category: Law
Page: 238
View: 5341

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In Must We Defend Nazis?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas as the prohibition against content regulation, the maxim that the cure for bad speech is more speech, and the speech/act distinction continue to reign, creating a system which fails to take account of the harms speech can cause to disempowered, marginalized people. Focusing on the issues of hate-speech and pornography, this volume examines the efforts of reformers to oblige society and law to take account of such harms. It contends that the values of free expression and equal dignity stand in reciprocal relation. Speech in any sort of meaningful sense requires equal dignity, equal access, and equal respect on the parts of all of the speakers in a dialogue; free speech, in other words, presupposes equality. The authors argue for a system of free speech which takes into account nuance, context-sensitivity, and competing values such as human dignity and equal protection of the law.

Case of a Lifetime

A Criminal Defense Lawyer's Story
Author: Abbe Smith
Publisher: St. Martin's Press
ISBN: 9780230613874
Category: Law
Page: 256
View: 9485

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A recent study estimates that thousands of innocent people are wrongfully imprisoned each year in the United States. Some are exonerated through DNA evidence, but many more languish in prison because their convictions were based on faulty eyewitness accounts and no DNA is available. Prominent criminal lawyer and law professor Abbe Smith weaves together real life cases to show what it is like to champion the rights of the accused. Smith describes the moral and ethical dilemmas of representing the guilty and the weighty burden of fighting for the innocent, including the victorious story of how she helped free a woman wrongly imprisoned for nearly three decades. For fans of Law and Order and investigative news programs like 20/20, Case of a Lifetime is a chilling look at what really determines a person's innocence.