First Amendment For Beginners
First Amendment For Beginners

Author: Michael J. LaMonica

Publisher: Red Wheel/Weiser

Published: 2018-05-08

Total Pages: 176

ISBN-13: 1939994756

DOWNLOAD EBOOK

Join Michael LaMonica, author of French Revolutions For Beginners, as he takes you on a journey through the ins and outs of an amendment that means so much more than just freedom of speech. First Amendment For Beginners will explore some of the biggest cases ever to come before the Supreme Court and answer questions such as whether it really is okay to shout “fire” in a crowded theater, wear a T-shirt that reads “F**K THE DRAFT!” (without the asterisks) into a courthouse, burn the flag, burn your draft card, join the Communist party, sell nudie magazines, ban Ku Klux Klan marches, and publish confidential government secrets in a newspaper, to name just a few. The religion clauses are included too, with pertinent questions such as whether the First Amendment protects your right to use psychoactive drugs in religious rituals, marry multiple partners, or engage in animal sacrifice. The book also wades into the political maelstrom to examine recent controversies such as whether money really equals speech and if corporations have constitutionally protected rights to speech and religion. Whether you’re a court watcher, political junkie, history buff, civil libertarian, news enthusiast, or just curious about the most important amendment in the Constitution, this book is for you!

The Soul of the First Amendment
The Soul of the First Amendment

Author: Floyd Abrams

Publisher: Yale University Press

Published: 2017-01-01

Total Pages: 170

ISBN-13: 0300190883

DOWNLOAD EBOOK

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.

First Amendment Institutions
First Amendment Institutions

Author: Paul Horwitz

Publisher: Harvard University Press

Published: 2013-01-07

Total Pages: 490

ISBN-13: 0674070925

DOWNLOAD EBOOK

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.

Examples & Explanations for First Amendment
Examples & Explanations for First Amendment

Author: Laura E. Little

Publisher: Aspen Publishing

Published: 2021-03-09

Total Pages: 471

ISBN-13: 1543822290

DOWNLOAD EBOOK

Award-winning teacher and respected author of several volumes, Professor Laura Little has written a new book on the First Amendment. Following the proven Examples and Explanations format, the book covers all of the amendment’s major topics – with emphasis on speech and religion. Professor Little presents hypothetical examples that range from simple and straightforward to complex and rich. As a result, students using the book can acquire both basic and advanced knowledge of First Amendment doctrine. Equally important, this approach allows students the opportunity to practice their skill of marshalling arguments on many sides of contested legal issues. With its short chapters, the book is an exceptionally useful complement to any of the available casebooks in the field. Highlights of this E&E study aid (first edition): Professor Little brings her characteristically clear writing style and constitutional law expertise to the subject. The book’s organization enables students to choose the particular topics they need to study and that match the coverage of their course. The topics covered include a comprehensive review of the most recent U.S. Supreme Court decisions on speech, association, and religion as well as cutting edge issues raised by current events, including the COVID-19 pandemic. The concise explication of legal doctrine (and its uncertainties) ensure a baseline of student understanding and maximizes accessibility to difficult, abstract concepts. The book’s balance between simple and complex hypotheticals serves an array of student needs. While providing deep coverage of abstract concepts, the book includes many practical introductions to law practice reality. Professor Little has not only established her reputation as a constitutional scholar, but also comes to the subject with experience as a practicing First Amendment lawyer for the media. Professors and students will benefit from: Adaptable organization allows the book to complement any casebook. Figures, examples, explanations, and varying difficulty in the presented material ensure that the book will serve the needs of a variety of users and will appeal to different learning styles. Balance between theoretical and practical materials enables broad understanding.

What is Wrong with the First Amendment?
What is Wrong with the First Amendment?

Author: Steven H. Shiffrin

Publisher: Cambridge University Press

Published: 2016-10-06

Total Pages: 241

ISBN-13: 1107160960

DOWNLOAD EBOOK

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

Freedom for the Thought That We Hate
Freedom for the Thought That We Hate

Author: Anthony Lewis

Publisher: ReadHowYouWant.com

Published: 2010

Total Pages: 262

ISBN-13: 1458758389

DOWNLOAD EBOOK

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.InFreedom 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.

Beyond the First Amendment
Beyond the First Amendment

Author: Samuel P. Nelson

Publisher: JHU Press

Published: 2005-07

Total Pages: 248

ISBN-13: 9780801881732

DOWNLOAD EBOOK

Americans often believe that the First Amendment and free speech are synonymous and that all restrictions on speech can be addressed by the legal framework of the First Amendment. Political theorist Samuel P. Nelson argues that the current legal framework for free speech actually undermines attempts to resolve many of these issues and that the law of the First Amendment has supplanted the vital politics of free speech. To cut through the confusion, Nelson takes a step back from the First Amendment framework to understand the social nature of speech, moving toward a more pluralistsic and value-based understanding. He examines three philosophies commonly used to justify speech protection—libertarianism, expressivism, and egalitarianism—and finds none of them sufficiently responsive in today's contemporary political landscape. Advocating an approach grounded in value pluralism—which describes a wider variety of free speech claims than the First Amendment allows—Nelson pushes the debate beyond constitutional and legal questions.

No Law
No Law

Author: David L. Lange

Publisher: Stanford University Press

Published: 2008-10-27

Total Pages: 613

ISBN-13: 0804763275

DOWNLOAD EBOOK

The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.