Press And Speech Under Assault

Author : Wendell R. Bird
Publisher :
ISBN 13 : 9780190461980
Total Pages : pages
Book Rating : 4.85/5 ( download)

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Download or read book Press and Speech Under Assault written by Wendell R. Bird and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment, and with whether the Sedition Act of 1798 violated those freedoms. This book discusses the 12 Supreme Court justices before John Marshall, their views of liberties of press and speech, and the Sedition Act prosecutions over which some of them presided. The book begins with the views of the pre-Marshall justices about freedoms of press and speech, before the struggle over the Sedition Act. It finds that their understanding was strikingly more expansive than the narrow definition of Sir William Blackstone, which is usually assumed to have dominated the period. Not one justice of the Supreme Court adopted that narrow definition before 1798, and all expressed strong commitments to those freedoms.

Author : Wendell Bird
Publisher : Oxford University Press
ISBN 13 : 0190461624
Total Pages : 565 pages
Book Rating : 4.21/5 ( download)

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Download or read book Press and Speech Under Assault written by Wendell Bird and published by Oxford University Press. This book was released on 2016 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - Oxford University, 2012) issued under title: Freedoms of press and speech in the first decade of the U.S. Supreme Court.

Author : Wendell Bird
Publisher : Oxford University Press, USA
ISBN 13 : 0197509193
Total Pages : 409 pages
Book Rating : 4.97/5 ( download)

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Download or read book The Revolution in Freedoms of Press and Speech written by Wendell Bird and published by Oxford University Press, USA. This book was released on 2020 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This book proposes, to the contrary, that Blackstone carefully selected the narrowest definition that had been suggested in popular essays in the prior seventy years, in order to oppose the growing claims for much broader protections of press and speech. Blackstone misdescribed his summary as an accepted common law definition, which in fact did not exist. A year later, Mansfield inserted a similar definition into the common law for the first time, also misdescribing it as a long-accepted definition, and soon misdescribed the unique rules for prosecuting sedition as having an equally ancient pedigree. Blackstone and Mansfield were not declaring the law as it had long been, but were leading a counter-revolution about the breadth of freedoms of press and speech, and cloaking it as a summary of a narrow common law doctrine that in fact was nonexistent. That conflict of revolutionary view and counter-revolutionary view continues today. For over a century, a neo-Blackstonian view has been dominant, or at least very influential, among historians. Contrary to those narrow claims, this book concludes that the broad understanding of freedoms of press and speech was the dominant context of the First Amendment and of Fox's Libel Act, and that it enjoyed greater historical support.

Author : Mari J Matsuda
Publisher : Routledge
ISBN 13 : 0429982577
Total Pages : 243 pages
Book Rating : 4.76/5 ( download)

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Download or read book Words That Wound written by Mari J Matsuda and published by Routledge. This book was released on 2018-03-08 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the authors, all legal scholars from the tradition of critical race theory start from the experience of injury from racist hate speech and develop a theory of the first amendment that recognizes such injuries. In their critique of "first amendment orthodoxy", the authors argue that only a history of racism can explain why defamation, invasion of privacy and fraud are exempt from free-speech guarantees but racist verbal assault is not.

Author : Wendell Bird
Publisher : Oxford University Press
ISBN 13 : 0190461632
Total Pages : 432 pages
Book Rating : 4.38/5 ( download)

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Download or read book Press and Speech Under Assault written by Wendell Bird and published by Oxford University Press. This book was released on 2016-01-07 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment, and with whether the Sedition Act of 1798 violated those freedoms. This book discusses the twelve Supreme Court justices before John Marshall, their views of liberties of press and speech, and the Sedition Act prosecutions over which some of them presided. The book begins with the views of the pre-Marshall justices about freedoms of press and speech, before the struggle over the Sedition Act. It finds that their understanding was strikingly more expansive than the narrow definition of Sir William Blackstone, which is usually assumed to have dominated the period. Not one justice of the Supreme Court adopted that narrow definition before 1798, and all expressed strong commitments to those freedoms. The book then discusses the views of the early Supreme Court justices about freedoms of press and speech during the national controversy over the Sedition Act of 1798 and its constitutionality. It finds that, though several of the justices presided over Sedition Act trials, the early justices divided almost evenly over that issue with an unrecognized half opposing its constitutionality, rather than unanimously supporting the Act as is generally assumed. The book similarly reassesses the Federalist party itself, and finds that an unrecognized minority also challenged the constitutionality of the Sedition Act and the narrow Blackstone approach during 1798-1801, and that an unrecognized minority of the other states did as well in considering the Virginia and Kentucky Resolutions. The book summarizes the recognized fourteen prosecutions of newspaper editors and other opposition members under the Sedition Act of 1798. It sheds new light on the recognized cases by identifying and confirming twenty-two additional Sedition Act prosecutions. At each of these steps, this book challenges conventional views in existing histories of the early republic and of the early Supreme Court justices.

Author : Geoffrey R. Stone
Publisher : Oxford University Press, USA
ISBN 13 : 0190841370
Total Pages : 377 pages
Book Rating : 4.79/5 ( download)

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Download or read book The Free Speech Century written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2018-12-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.

Author : Afshin Ellian
Publisher :
ISBN 13 : 9789462900271
Total Pages : 322 pages
Book Rating : 4.72/5 ( download)

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Download or read book Freedom of Speech Under Attack written by Afshin Ellian and published by . This book was released on 2015-04-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a 'follow-up' of a book that appeared in 2011 in Dutch. That year saw the trial of Geert Wilders, parliamentarian and party leader of one of the largest political parties in The Netherlands. Central questions were: Should a parliamentarian be allowed more freedom of expression than an 'ordinary citizen'? How should 'group insult' and 'incitement to hatred and discrimination' be interpreted? What is the significance of the European Convention on Human Rights for freedom of speech? Is there a tension between freedom of speech de iure and de facto? These questions have lost none of their importance and topicality, especially not since the terrorist attack on Charlie Hebdo. The Wilders case is merely a symptom of a larger development at the European level: the rise of nationalistic and populist politicians who willingly confront the limits of freedom of speech in the discussion about the immigration and integration of aliens and refugees. At the same time, radicalized Muslims increasingly make use of modern media to glorify Jihad and other acts of violence. These developments necessitate a closer reflection of freedom of speech. In addition, the theoretical aspects of the relation between freedom of speech and democracy are given ample attention. *** Librarians: ebook available on ProQuest and EBSCO [Subject: Constitutional Law, Human Rights Law, Legal Theory, European Law]

Author : John Steel
Publisher : Routledge
ISBN 13 : 1136641866
Total Pages : 258 pages
Book Rating : 4.62/5 ( download)

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Download or read book Journalism and Free Speech written by John Steel and published by Routledge. This book was released on 2013-06-17 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Journalism and Free Speech brings together for the first time an historical and theoretical exploration of journalism and its relationship with the idea of free speech. Though freedom of the press is widely regarded as an essential ingredient to democratic societies, the relationship between the idea of freedom of speech and the practice of press freedom is one that is generally taken for granted. Censorship, in general terms is an anathema. This book explores the philosophical and historical development of free speech and critically examines the ways in which it relates to freedom of the press in practice. The main contention of the book is that the actualisation of press freedom should be seen as encompassing modes of censorship which place pressure upon the principled connection between journalism and freedom of speech. Topics covered include: The Philosophy of Free Speech Journalism and Free Speech Press Freedom and the Democratic Imperative New Media and the Global Public Sphere Regulating Journalism Privacy and Defamation National Security and Insecurity Ownership News, Language Culture and Censorship This book introduces students to a wide range of issues centred around freedom of speech, press freedom and censorship, providing an accessible text for courses on journalism and mass media.

Author : Wendell Bird
Publisher : Harvard University Press
ISBN 13 : 0674976134
Total Pages : 561 pages
Book Rating : 4.39/5 ( download)

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Download or read book Criminal Dissent written by Wendell Bird and published by Harvard University Press. This book was released on 2020-01-07 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prosecution of dissent under the Alien and Sedition Acts affected far more people than previously realized. It also provoked the first battle over the Bill of Rights. Wendell Bird provides the definitive account of a dark moment in U.S. history, reminding us that expressive freedom and opposition politics are essential to a stable democracy.

Author : Burt Neuborne
Publisher : New Press, The
ISBN 13 : 1620970538
Total Pages : 216 pages
Book Rating : 4.39/5 ( download)

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Download or read book Madison's Music written by Burt Neuborne and published by New Press, The. This book was released on 2011-05-10 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A detailed history of the transformation of First Amendment law” from one of the nation’s foremost civil liberties lawyers (The New York Times). Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires. “In the dark art of lawyering, Neuborne has always been considered a white knight.” —New York