Fear and the First Amendment

Fear and the First Amendment

Author: Kevin A. Johnson

Publisher: University of Alabama Press

Published: 2024

Total Pages: 254

ISBN-13: 0817361456

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"A whole host of fears may motivate calls to restrict First Amendment rights, prioritizing one fear over another. Fear and the First Amendment unveils these negotiations of various fears and related protections as they appear in the contemporary Supreme Court, showing that fear is significant and rhetorical in First Amendment conflicts"--


The Unwanted Gaze

The Unwanted Gaze

Author: Jeffrey Rosen

Publisher: Vintage

Published: 2011-04-20

Total Pages: 298

ISBN-13: 0307766608

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As thinking, writing, and gossip increasingly take place in cyberspace, the part of our life that can be monitored and searched has vastly expanded. E-mail, even after it is deleted, becomes a permanent record that can be resurrected by employers or prosecutors at any point in the future. On the Internet, every website we visit, every store we browse in, every magazine we skim--and the amount of time we skim it--create electronic footprints that can be traced back to us, revealing detailed patterns about our tastes, preferences, and intimate thoughts. In this pathbreaking book, Jeffrey Rosen explores the legal, technological, and cultural changes that have undermined our ability to control how much personal information about ourselves is communicated to others, and he proposes ways of reconstructing some of the zones of privacy that law and technology have been allowed to invade. In the eighteenth century, when the Bill of Rights was drafted, the spectacle of state agents breaking into a citizen's home and rummaging through his or her private diaries was considered the paradigm case of an unconstitutional search and seizure. But during the impeachment of President Bill Clinton, prosecutors were able to subpoena Monica Lewinsky's bookstore receipts and to retrieve unsent love letters from her home computer. And the sense of violation that Monica Lewinsky experienced is not unique. In a world in which everything that Americans read, write, and buy can be recorded and monitored in cyberspace, there is a growing danger that intimate personal information originally disclosed only to our friends and colleagues may be exposed to--and misinterpreted by--a less understanding audience of strangers. Privacy is important, Rosen argues, because it protects us from being judged out of context in a world of short attention spans, a world in which isolated bits of intimate information can be confused with genuine knowledge. Rosen also examines the expansion of sexual-harassment law that has given employers an incentive to monitor our e-mail, Internet browsing habits, and office romances. And he suggests that some forms of offensive speech in the workplace--including the indignities allegedly suffered by Paula Jones and Anita Hill--are better conceived of as invasions of privacy than as examples of sex discrimination. Combining discussions of current events--from Kenneth Starr's tapes to DoubleClick's on-line profiles--with inno-vative legal and cultural analysis, The Unwanted Gaze offers a powerful challenge to Americans to be proactive in the face of new threats to privacy in the twenty-first century.


The Rights Revolution

The Rights Revolution

Author: Charles R. Epp

Publisher: University of Chicago Press

Published: 1998-10-15

Total Pages: 348

ISBN-13: 9780226211626

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List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.


Censoring Culture

Censoring Culture

Author: Robert Atkins

Publisher:

Published: 2006

Total Pages: 392

ISBN-13:

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A bestselling art historian and a free speech advocate explore subtle new forms of censorship in the art world and beyond. ""In private, museum people have told me that self-censorship is indeed the order of the day. But it is quite rare for an official to speak about it in public. Self-censorship occurs behind closed doors. There are practically no whistle-blowers.""--Hans Haacke, conceptual artist known for his socially and politically engaged art If your idea of censorship is an anonymous bureaucrat in a government office exercising prudish control over "offensive" art and speech, wake up and smell the conglomeration. Censorship today is just as likely to be the result of a market force or a bandwidth monopoly as a line edit or the covering of a nude sculpture, and the current system of new technologies and economic arrangements has subtle, built-in mechanisms for suppressing free expression as powerful as any known in other centuries. In "Censoring Culture," the nationally known author of the ArtSpeak books and the head of the National Coalition Against Censorship's Arts Program bring together the latest thinking from art historians, cultural theorists, legal scholars, and psychoanalysts, as well as first-person accounts by artists and advocates, to give us a comprehensive understanding of censorship in a new century. Contributors include: - J.M. Coetzee, Judy Blume, and others on self-censorship - Hans Haacke on the marriage of art and money - DeeDee Halleck on the military-media-industrial complex - Marjorie Heins on violence and children - Randall Kennedy on the risks of regulating hate speech - Lawrence Lessig on creativity and copyright inthe electronic age - Judith Levine on shielding children from sex - Diane Ravitch on sensitivity guidelines for national testing - Douglas Thomas on hackers and hacking culture


The Digital Person

The Digital Person

Author: Daniel J Solove

Publisher: NYU Press

Published: 2004

Total Pages: 295

ISBN-13: 0814740375

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Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.


Report on the Telephone Records Program Conducted Under Section 215 of the USA Patriot Act and on the Operations of the Foreign Intelligence Surveillance Court

Report on the Telephone Records Program Conducted Under Section 215 of the USA Patriot Act and on the Operations of the Foreign Intelligence Surveillance Court

Author: Privacy and Civil Liberties Oversight Board

Publisher: Createspace Independent Pub

Published: 2014

Total Pages: 238

ISBN-13: 9781495319228

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The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent bipartisan agency within the executive branch established by the Implementing Recommendations of the 9/11 Commission Act of 2007. The Board is comprised of four part-time members and a full-time chairman, all appointed by the President and confirmed by the Senate. On June 5, 2013, the British newspaper The Guardian published the first of a series of articles based on unauthorized disclosures of classified documents by Edward Snowden, a contractor for the National Security Agency ("NSA"). The article described an NSA program to collect millions of telephone records, including records about purely domestic calls. Over the course of the next several days, there were additional articles regarding this program as well as another NSA program referred to in leaked documents as "PRISM." These disclosures caused a great deal of concern both over the extent to which they damaged national security and over the nature and scope of the surveillance programs they purported to reveal. In response to the congressional and presidential requests, the Board immediately initiated a study of the 215 and 702 programs and the operation of the FISA court. This Report contains the results of the Board's 215 program study as well as our analysis and recommendations regarding the FISC's operation.