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Hopkins examines the body of Justice Brennan's free expression jurisprudence. For him, Brennan was the prime protector of the rights of free speech and free press. He argues that Brennan's theory of free expression is built on the metaphor of a marketplace of ideas. He concludes that Brennan developed a philosophically sound First Amendment theory that was accepted by the Court, but is not being applied with the force necessary for it to be effective in practice.
Book Synopsis Mr. Justice Brennan and Freedom of Expression by : W. Wat Hopkins
Download or read book Mr. Justice Brennan and Freedom of Expression written by W. Wat Hopkins and published by Praeger. This book was released on 1991-08-28 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hopkins examines the body of Justice Brennan's free expression jurisprudence. For him, Brennan was the prime protector of the rights of free speech and free press. He argues that Brennan's theory of free expression is built on the metaphor of a marketplace of ideas. He concludes that Brennan developed a philosophically sound First Amendment theory that was accepted by the Court, but is not being applied with the force necessary for it to be effective in practice.
Exploring his thirty-four year position on the United States Supreme Court, a detailed account of his significant contribution to the modern law on freedom of speech and the press notes his positions on civil rights, education, and capital punishment.
Book Synopsis Justice William J. Brennan, Jr by : Roger L. Goldman
Download or read book Justice William J. Brennan, Jr written by Roger L. Goldman and published by Carroll & Graf Pub. This book was released on 1994 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring his thirty-four year position on the United States Supreme Court, a detailed account of his significant contribution to the modern law on freedom of speech and the press notes his positions on civil rights, education, and capital punishment.
The Conscience of the Court celebrates the work of Justice William J. Brennan Jr., who served on the United States Supreme Court for thirty-four years (1956-1990). Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected judicial opinions written by Justice Brennan on issues involving personal freedom, civil liberties, and equality. Brennan is ranked by many as the best writer ever to have served on the Supreme Court, and his written opinions depict real people, often in desperate, emotional situations. Remarkable for their clarity of analysis, for their eloquence, and for their forcefulness and persuasiveness, his opinions demonstrate that judicial thought need not be a proprietary enclave of lawyers or the intellectual elite. The extended excerpts selected by Sepinuck and Treuthart highlight Brennan's approach to judicial decision making. Concerned always with how each decision would actually affect people's lives, Brennan possessed a rare quality of empathy. In Brennan, the editors note, "people and groups who lacked influence in society -- Communists and flag burners, children and foreigners, criminal defendants and racial minorities" -- found a champion they could count on "to listen to their causes and judge them unmoved by the passions of the politically powerful". This book is divided into four chapters dealing with freedom of expression, religious liberties and guarantees, the individual versus the state, and protections of equality. Within each chapter, the excerpted cases are presented chronologically. The editors selected more dissenting and concurring opinions than majority opinions because, they reason, a justice writing a dissent or concurrence isfreer to express personal views than one writing for the majority who may feel compelled to include or exclude certain statements in order to hold a fragile coalition together. Each opinion has been edited to focus on the constitutional question at issue while still preserving Brennan's style of expression and process of reasoning. In their introduction to each opinion, the editors provide background facts, discuss how the excerpted opinion transformed the law or otherwise fit into the realm of constitutional jurisprudence, and delve into Justice Brennan's judicial philosophy, his method of constitutional interpretation, and the language he used.
Book Synopsis The Conscience of the Court by : Leonard Williams Levy
Download or read book The Conscience of the Court written by Leonard Williams Levy and published by SIU Press. This book was released on 1999 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conscience of the Court celebrates the work of Justice William J. Brennan Jr., who served on the United States Supreme Court for thirty-four years (1956-1990). Stephen L. Sepinuck and Mary Pat Treuthart introduce and present selected judicial opinions written by Justice Brennan on issues involving personal freedom, civil liberties, and equality. Brennan is ranked by many as the best writer ever to have served on the Supreme Court, and his written opinions depict real people, often in desperate, emotional situations. Remarkable for their clarity of analysis, for their eloquence, and for their forcefulness and persuasiveness, his opinions demonstrate that judicial thought need not be a proprietary enclave of lawyers or the intellectual elite. The extended excerpts selected by Sepinuck and Treuthart highlight Brennan's approach to judicial decision making. Concerned always with how each decision would actually affect people's lives, Brennan possessed a rare quality of empathy. In Brennan, the editors note, "people and groups who lacked influence in society -- Communists and flag burners, children and foreigners, criminal defendants and racial minorities" -- found a champion they could count on "to listen to their causes and judge them unmoved by the passions of the politically powerful". This book is divided into four chapters dealing with freedom of expression, religious liberties and guarantees, the individual versus the state, and protections of equality. Within each chapter, the excerpted cases are presented chronologically. The editors selected more dissenting and concurring opinions than majority opinions because, they reason, a justice writing a dissent or concurrence isfreer to express personal views than one writing for the majority who may feel compelled to include or exclude certain statements in order to hold a fragile coalition together. Each opinion has been edited to focus on the constitutional question at issue while still preserving Brennan's style of expression and process of reasoning. In their introduction to each opinion, the editors provide background facts, discuss how the excerpted opinion transformed the law or otherwise fit into the realm of constitutional jurisprudence, and delve into Justice Brennan's judicial philosophy, his method of constitutional interpretation, and the language he used.
“Will likely be the definitive biography. . . . a detailed and fascinating account of how the Supreme Court functioned during Brennan’s long tenure.” —Publishers Weekly (starred review) This is a compelling inside look at the life of William Brennan, a champion of free speech who is widely considered the most influential Supreme Court justice of the twentieth century. Before his death, Brennan granted Stephen Wermiel access to volumes of personal and court materials that at the time were sealed to the public for another two decades. This “coveted set of documents,” as Jeffrey Toobin described it, includes Brennan’s case histories—in which he recorded strategies behind major battles including Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy—as well as more personal documents that reveal some of Brennan’s curious contradictions, like his refusal to hire female clerks even as he wrote groundbreaking women’s rights decisions; his complex stance as a justice and a Catholic; and details on Brennan’s unprecedented working relationship with Chief Justice Earl Warren. In this biography, Wermiel and Seth Stern distill decades of valuable information into a seamless, riveting portrait of the man behind the Court’s most liberal era. “The most comprehensive and well-organized look at the legendary liberal jurist to date.” —The New York Times “Seats the reader in Brennan’s chambers to listen to his conversations and see the memoranda exchanged with other justices and his law clerks.” —Newark Star Ledger “The authors balance differing accounts of Brennan the jurist and the man, presenting an evenhanded portrait of the affable but stubborn Justice.” —Kirkus Reviews
Book Synopsis Justice Brennan by : Seth Stern
Download or read book Justice Brennan written by Seth Stern and published by HarperCollins. This book was released on 2010-10-04 with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Will likely be the definitive biography. . . . a detailed and fascinating account of how the Supreme Court functioned during Brennan’s long tenure.” —Publishers Weekly (starred review) This is a compelling inside look at the life of William Brennan, a champion of free speech who is widely considered the most influential Supreme Court justice of the twentieth century. Before his death, Brennan granted Stephen Wermiel access to volumes of personal and court materials that at the time were sealed to the public for another two decades. This “coveted set of documents,” as Jeffrey Toobin described it, includes Brennan’s case histories—in which he recorded strategies behind major battles including Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy—as well as more personal documents that reveal some of Brennan’s curious contradictions, like his refusal to hire female clerks even as he wrote groundbreaking women’s rights decisions; his complex stance as a justice and a Catholic; and details on Brennan’s unprecedented working relationship with Chief Justice Earl Warren. In this biography, Wermiel and Seth Stern distill decades of valuable information into a seamless, riveting portrait of the man behind the Court’s most liberal era. “The most comprehensive and well-organized look at the legendary liberal jurist to date.” —The New York Times “Seats the reader in Brennan’s chambers to listen to his conversations and see the memoranda exchanged with other justices and his law clerks.” —Newark Star Ledger “The authors balance differing accounts of Brennan the jurist and the man, presenting an evenhanded portrait of the affable but stubborn Justice.” —Kirkus Reviews
Judging Free Speech contains nine original essays by political scientists and law professors, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice.
Book Synopsis Judging Free Speech by : H. Knowles
Download or read book Judging Free Speech written by H. Knowles and published by Springer. This book was released on 2016-04-08 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judging Free Speech contains nine original essays by political scientists and law professors, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice.
In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.
Book Synopsis Freedom of Expression in the Supreme Court by : Terry Eastland
Download or read book Freedom of Expression in the Supreme Court written by Terry Eastland and published by Rowman & Littlefield. This book was released on 2000 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.
The new edition of this text continues to offer an accessible historical survey and analysis of free-speech issues and cases in the US, also providing a history of free speech in England. In the new edition, the expansion of topics such as free press-fair trial makes the book suitable for journalism and media law courses.
Book Synopsis Freedom of Speech in the United States by : Thomas L. Tedford
Download or read book Freedom of Speech in the United States written by Thomas L. Tedford and published by McGraw-Hill Companies. This book was released on 1993 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this text continues to offer an accessible historical survey and analysis of free-speech issues and cases in the US, also providing a history of free speech in England. In the new edition, the expansion of topics such as free press-fair trial makes the book suitable for journalism and media law courses.
This work covers the development of freedom of speech from Athens, through Rome, to England and the United States. It contains an up-to-date treatment of defamation and privacy, obscenity, commercial speech, prior retraint, free press/fair trial, copyright and broadcasting, and media access.
Book Synopsis Freedom of Speech in the United States by : Thomas L. Tedford
Download or read book Freedom of Speech in the United States written by Thomas L. Tedford and published by Strata Publishing. This book was released on 2001 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work covers the development of freedom of speech from Athens, through Rome, to England and the United States. It contains an up-to-date treatment of defamation and privacy, obscenity, commercial speech, prior retraint, free press/fair trial, copyright and broadcasting, and media access.
The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following two hundred years, Congress and the states have sought repeatedly to curb these freedoms. The Supreme Court of the United States in turn gradually expanded First Amendment protection for freedom of expression but also defined certain categories of expression_obscenity, defamation, commercial speech , and 'fighting words' or disruptive expression-as constitutionally unprotected. From the Alien and Sedition Act of 1798 to the most recent cases to come before the Supreme Court, noted legal scholar David M. O'Brien provides the first comprehensive examination of these exceptions to the absolute command of the First Amendment, providing a history of each category of unprotected speech and putting into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection. O'Brien provides readers interested in civil liberties, constitutional history and law, and the U. S. Supreme Court a treasure trove of information and ideas about how to think about the First Amendment.
Book Synopsis Congress Shall Make No Law by : David M. O'Brien
Download or read book Congress Shall Make No Law written by David M. O'Brien and published by Rowman & Littlefield Publishers. This book was released on 2010-09-16 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following two hundred years, Congress and the states have sought repeatedly to curb these freedoms. The Supreme Court of the United States in turn gradually expanded First Amendment protection for freedom of expression but also defined certain categories of expression_obscenity, defamation, commercial speech , and 'fighting words' or disruptive expression-as constitutionally unprotected. From the Alien and Sedition Act of 1798 to the most recent cases to come before the Supreme Court, noted legal scholar David M. O'Brien provides the first comprehensive examination of these exceptions to the absolute command of the First Amendment, providing a history of each category of unprotected speech and putting into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection. O'Brien provides readers interested in civil liberties, constitutional history and law, and the U. S. Supreme Court a treasure trove of information and ideas about how to think about the First Amendment.
More than any other people on earth, Americans are free to say and write what they think. The media can air the secrets of the White House, the boardroom, or the bedroom with little fear of punishment or penalty. The reason for this extraordinary freedom is not a superior culture of tolerance, but just fourteen words in our most fundamental legal document: the free expression clauses of the First Amendment to the Constitution. In Lewis's telling, the story of how the right of free expression evolved along with our nation makes a compelling case for the adaptability of our constitution. Although Americans have gleefully and sometimes outrageously exercised their right to free speech since before the nation's founding, the Supreme Court did not begin to recognize this right until 1919. Freedom of speech and the press as we know it today is surprisingly recent. Anthony Lewis tells us how these rights were created, revealing a story of hard choices, heroic (and some less heroic) judges, and fascinating and eccentric defendants who forced the legal system to come face-to-face with one of America's great founding ideas.
Book Synopsis Freedom for the Thought That We Hate by : Anthony Lewis
Download or read book Freedom for the Thought That We Hate written by Anthony Lewis and published by Basic Books. This book was released on 2008-03-03 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other people on earth, Americans are free to say and write what they think. The media can air the secrets of the White House, the boardroom, or the bedroom with little fear of punishment or penalty. The reason for this extraordinary freedom is not a superior culture of tolerance, but just fourteen words in our most fundamental legal document: the free expression clauses of the First Amendment to the Constitution. In Lewis's telling, the story of how the right of free expression evolved along with our nation makes a compelling case for the adaptability of our constitution. Although Americans have gleefully and sometimes outrageously exercised their right to free speech since before the nation's founding, the Supreme Court did not begin to recognize this right until 1919. Freedom of speech and the press as we know it today is surprisingly recent. Anthony Lewis tells us how these rights were created, revealing a story of hard choices, heroic (and some less heroic) judges, and fascinating and eccentric defendants who forced the legal system to come face-to-face with one of America's great founding ideas.
