When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.
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.
Responses to flag burning as a particular form of street protest tend to polarize into two camps: one holding the view that action of this sort is constitutionally protected protest; the other, that it is subversive and criminal activity. In this well-researched and richly documented volume, Welch examines the collision of these ideologies, and shows the relevance of sociological concepts to a deeper understanding of such forms of protest. In exploring social control of political protest in the United States, this volume embarks on an in-depth examination of flag desecration and efforts to criminalize that particular form of dissent. It seeks to examine the sociological process facilitating the criminalization of protest by attending to moral enterprises, civil religion, authoritarian aesthetics, and the ironic nature of social control. Flag burning is a potent symbolic gesture conveying sharp criticism of the state. Many American believe that flag desecration emerged initially during the Vietnam War era, but the history of this caustic form of protest can be traced to the period leading up to the Civil War. The act of torching Old Glory differs qualitatively from other forms of defiance. With this distinction in mind, attempts to penalize and deter flag desecration transcend the utilitarian function of regulating public protest. Despite popular claims that American society is built on genuine consensus, the flag-burning controversy brings to light the contentious nature of U.S. democracy and its ambivalence toward free expression. The First Amendment of the U.S. Constitution is often viewed as one of the more unpopular additions to the Bill of Rights. One constitutional commentator underscores this point by noting that the First Amendment gives citizens the right to tell people what they do not want to hear. Flag Burning is a well-written, informative volume suitable for courses in deviance, social problems, social movements, mass communication, criminology, and political science, as well as in sociology of law and legal studies.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). This brief guide explains Section 1557 in more detail and what your practice needs to do to meet the requirements of this federal law. Includes sample notices of nondiscrimination, as well as taglines translated for the top 15 languages by state.
A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.
Flag: An American Biography is a vivid narrative that uncovers little-known facts and sheds new light on the more than 200-year history of the American flag. The thirteen-stripe, fifty-star flag is as familiar an American icon as any that has existed in the nation's history. Yet the history of the flag, especially its origins, is cloaked in myth and misinformation. Flag: An American Biography rectifies that situation by presenting a lively, comprehensive, illuminating look at the history of the American flag from its beginnings to today. Journalist and historian Marc Leepson uncovers scores of little-known, fascinating facts as he traces the evolution of the American flag from the colonial period to the twenty-first century. Flag sifts through the historical evidence to--among many other things--uncover the truth behind the Betsy Ross myth and to discover the true designer of the Stars and Stripes. It details the many colorful and influential Americans who shaped the history of the flag. "Flag," as the novelist Nelson DeMille says in his preface, "is not a book with an agenda or a subjective point of view. It is an objective history of the American flag, well researched, well presented, easy to read and understand, and very informative and entertaining." "Our love for the flag may be incomprehensible to others, but at least we now have a comprehensive guide to its unfolding."--The Wall Street Journal
