First Amendment Institutions

Addressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations. Courts should let institutio

Written in plain language, this two-volume encyclopedia is designed to be accessible to high school seniors and up. Volume 1 compiles chapters from other Greenwood references (some revised) on cases a

The First Amendment safeguards some of our most important civil liberties, including freedom of speech, religion, assembly, and the press. This book explores the origin and history of the First Amendm

"Congress shall make no law...abridging the freedom of speech or of the press, or the right of people to peaceably assemble." These words have guided the life of Frank Wilkinson, perhaps the nation's

The First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today's world? In this highly readable account, Ashutosh Bhagwat explores the answers to these questions. The first part of the book looks at the history of the First Amendment, early political conflicts over its meaning, and the lessons to be learned from those events about the nature of our system of government. The second part applies those lessons to our modern, fractious democracy as it has evolved in the age of the Internet and social media. Now as then, the key to maintaining that democracy, it turns out, is an active citizenry that fully embraces the First Amendment.

The First Amendment to the US Constitution protects free speech, freedom of the press, freedom of association and assembly, and the right to petition the government. Why did the Framers protect these particular rights? What role were these rights intended to play in our democracy? And what force do they retain in today's world? In this highly readable account, Ashutosh Bhagwat explores the answers to these questions. The first part of the book looks at the history of the First Amendment, early political conflicts over its meaning, and the lessons to be learned from those events about the nature of our system of government. The second part applies those lessons to our modern, fractious democracy as it has evolved in the age of the Internet and social media. Now as then, the key to maintaining that democracy, it turns out, is an active citizenry that fully embraces the First Amendment.

The standard account of the First Amendment presupposes that the Supreme Court has consistently expanded the scope of free speech rights over time. This account holds true in some areas, but not in others. In this illuminating work, Ronald J. Krotoszynski, Jr acknowledges that the contemporary Supreme Court rigorously enforces the rules against content and viewpoint discrimination for those who possess the wherewithal to speak but when citizens need the government's assistance to speak - for example, access to public property for protest - free speech rights have declined. Instead of using open-ended balancing tests, the Roberts and Rehnquist Courts have opted for bright line, categorical rules that minimize judicial discretion. Opportunities for democratic engagement could be enhanced, however, if the federal courts returned to the Warren Court's balancing approach and vested federal judges with discretionary authority to require government to assist would-be speakers. This book shoul

The standard account of the First Amendment presupposes that the Supreme Court has consistently expanded the scope of free speech rights over time. This account holds true in some areas, but not in others. In this illuminating work, Ronald J. Krotoszynski, Jr acknowledges that the contemporary Supreme Court rigorously enforces the rules against content and viewpoint discrimination for those who possess the wherewithal to speak but when citizens need the government's assistance to speak - for example, access to public property for protest - free speech rights have declined. Instead of using open-ended balancing tests, the Roberts and Rehnquist Courts have opted for bright line, categorical rules that minimize judicial discretion. Opportunities for democratic engagement could be enhanced, however, if the federal courts returned to the Warren Court's balancing approach and vested federal judges with discretionary authority to require government to assist would-be speakers. This book shoul

Why have radio and television never been granted the same First Amendment freedoms that we have always accorded the printed word? In this fascinating work, Lucas A. Powe, Jr., examines the strange par

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 Amen

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 discussion of the meaning and interpretation of the first ten Amendments to the Constitution has become central to public discourse. But with unmediated news sources and fake news abounding, it is

What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political r

What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political r

If an organizing symbol makes sense in First Amendment jurisprudence, it is not the image of a content-neutral government, argues Steven Shiffrin, nor is it a town-hall meeting or even a robust market

First Amendment Law in Louisiana chronicles the First Amendment’s robust career in Louisiana, which has a legal tradition unlike that of any other state. Louisiana’s legal heritage derives from both c

If an organizing symbol makes sense in First Amendment jurisprudence, it is not the image of a content-neutral government, argues Steven Shiffrin, nor is it a town-hall meeting or even a robust market

Over the past two decades, corporations and other commercial entities have used strategic litigation to win more expansive First Amendment protections for commercial speech—from the regulation of adve

Speech, Conduct, and the First Amendment offers a concise yet thorough review of all areas of First Amendment jurisprudence, including historical background and the most recent developments. Points of

Here is an inside look at how a Congressional Committee, supported by the Nixon White House, sought to establish control over broadcast news by investigating editorial news judgment. Frank Stanton, le

The principal aim of the establishment and free exercise clauses of the First Amendment was to preclude congressional imposition of a national church. A balance was sought between states' rights and the rights of individuals to exercise their religious conscience. While the founding fathers were debating such issues, the potential for serious conflict was confined chiefly to variations among the dominant Christian sects. Today, issues of marriage, child bearing, cultural diversity, and corporate personhood, among others, suffuse constitutional jurisprudence, raising difficult questions regarding the nature of beliefs that qualify as 'religious', and the reach of law into the realm in which those beliefs are held. The essays collected in this volume explore in a selective and instructive way the intellectual and philosophical roots of religious liberty and contemporary confrontations between this liberty and the authority of secular law.

The Bill of Rights was written more than 200 years ago, but it's still just as relevant and important today as it was back then. Readers will take a look at what caused the First Amendment to be born

This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment law. It argues that this Court has

The principal aim of the establishment and free exercise clauses of the First Amendment was to preclude congressional imposition of a national church. A balance was sought between states' rights and the rights of individuals to exercise their religious conscience. While the founding fathers were debating such issues, the potential for serious conflict was confined chiefly to variations among the dominant Christian sects. Today, issues of marriage, child bearing, cultural diversity, and corporate personhood, among others, suffuse constitutional jurisprudence, raising difficult questions regarding the nature of beliefs that qualify as 'religious', and the reach of law into the realm in which those beliefs are held. The essays collected in this volume explore in a selective and instructive way the intellectual and philosophical roots of religious liberty and contemporary confrontations between this liberty and the authority of secular law.

The story of America’s earliest extant play begins with a petty crimea crime that would have passed largely unnoticed had it not been for one fact: it prompted a beleaguered royal governor of one of B