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This text examines the relational dynamics between the U.S. Constitution's Free Speech Clause and other constitutional rights.
Book Synopsis The Dynamic Free Speech Clause by : Timothy Zick
Download or read book The Dynamic Free Speech Clause written by Timothy Zick and published by . This book was released on 2018 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the relational dynamics between the U.S. Constitution's Free Speech Clause and other constitutional rights.
The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.
Book Synopsis The Dynamic Free Speech Clause by : Timothy Zick
Download or read book The Dynamic Free Speech Clause written by Timothy Zick and published by Oxford University Press. This book was released on 2018-08-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.
Regardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the "enemy of the people." He has proposed that flag burners be jailed and denaturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy; political and other forms of polarization are on the rise; and protesters face diminished space and opportunities for exercising free speech rights. This book catalogues and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context--as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and the press. We must understand both what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.
Book Synopsis The First Amendment in the Trump Era by : Timothy Zick
Download or read book The First Amendment in the Trump Era written by Timothy Zick and published by Oxford University Press, USA. This book was released on 2019 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the "enemy of the people." He has proposed that flag burners be jailed and denaturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy; political and other forms of polarization are on the rise; and protesters face diminished space and opportunities for exercising free speech rights. This book catalogues and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context--as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and the press. We must understand both what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.
Book Synopsis Methods of Constitutional Construction by : Theodore Schroeder
Download or read book Methods of Constitutional Construction written by Theodore Schroeder and published by . This book was released on 1919 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
The settled principle of law and bedrock of the First Amendment is that, Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press. The book is designed to give the student and curious minds a broad and knowledgeable insight into the First Amendment, the meaning of free speech, and why despite the protection afforded by the First Amendment, there are still some categories of expression not offered protection under the free speech doctrine. Fraud, defamation, obscenity and divulgence of State secret are among expressions not offered refuge by the First Amendment. The author carefully selected and reported some decisions of the United States Supreme Court, focusing on the subject of free speech, religious establishment and the free exercise clause. The book reports both the controversy and curiosity that are subjects of the present day Constitutional law. There are also hundreds of thought provoking essays and multiple choice questions in the book for the First Amendment students of Constitutional Law.
Book Synopsis Constitutional Law First Amendment by : Adeyemi Oshunrinade
Download or read book Constitutional Law First Amendment written by Adeyemi Oshunrinade and published by . This book was released on 2020-09-14 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settled principle of law and bedrock of the First Amendment is that, Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press. The book is designed to give the student and curious minds a broad and knowledgeable insight into the First Amendment, the meaning of free speech, and why despite the protection afforded by the First Amendment, there are still some categories of expression not offered protection under the free speech doctrine. Fraud, defamation, obscenity and divulgence of State secret are among expressions not offered refuge by the First Amendment. The author carefully selected and reported some decisions of the United States Supreme Court, focusing on the subject of free speech, religious establishment and the free exercise clause. The book reports both the controversy and curiosity that are subjects of the present day Constitutional law. There are also hundreds of thought provoking essays and multiple choice questions in the book for the First Amendment students of Constitutional Law.
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Book Synopsis Free Speech and the Regulation of Social Media Content by : Valerie C. Brannon
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Book Synopsis Freedom of Speech by : E. M. Barendt
Download or read book Freedom of Speech written by E. M. Barendt and published by Oxford University Press, USA. This book was released on 1985 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly Australia and Canada.
In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.
Book Synopsis The Dynamic Constitution by : Richard H. Fallon
Download or read book The Dynamic Constitution written by Richard H. Fallon and published by Cambridge University Press. This book was released on 2013-04-22 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised second edition of The Dynamic Constitution, Richard H. Fallon, Jr provides an engaging, sophisticated introduction to American constitutional law.
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.
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 ReadHowYouWant.com. This book was released on 2010 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Regardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the "enemy of the people." He has proposed that flag burners be jailed and de-naturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy, political and other forms of polarization are on the rise, and protesters face diminished space and opportunities for exercising free speech rights. The First Amendment in the Trump Era catalogs and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context-as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and press. We must understand what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.
Book Synopsis The First Amendment in the Trump Era by : Timothy Zick
Download or read book The First Amendment in the Trump Era written by Timothy Zick and published by Oxford University Press. This book was released on 2019-09-30 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the "enemy of the people." He has proposed that flag burners be jailed and de-naturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy, political and other forms of polarization are on the rise, and protesters face diminished space and opportunities for exercising free speech rights. The First Amendment in the Trump Era catalogs and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context-as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and press. We must understand what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.
