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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.
The last two decades have seen major advances in the legal protection of the human rights of women around the world. A series of international and national court cases has developed an important body of jurisprudence that has been relied on by courts and advocates in many countries to support women's claims for equality and the full enjoyment of human rights and fundamental freedoms. Growing out of a series of judicial colloquia organized by the Commonwealth Secretariat, this compilation brings together a selection of over fifty significant cases from international and national courts. The cases are grouped by theme and presented in full text or edited format. Together they highlight the way in which courts have used international human rights norms and national constitutional standards to contribute to women's equality. A detailed introduction provides a summary of the significance of the cases and references further material available on women's human rights. Cases decided under United Nations human rights treaties, the European and American Conventions on Human Rights and other international instruments, as well as cases decided by national courts in Asia, Africa, Europe, Australasia, and North America are all included. The compilation will be of interest to all those with an interest in the advancement of the human rights of women especially equality advocates, lawyers and judges, scholars and students.
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
With a foreword by Justice Ruth Bader Ginsburg of the U.S. Supreme Court. An Engaging, Accessible Guide to the Bill of Rights for Everyday Citizens. In The Bill of Rights: A User's Guide, award-winning author and constitutional scholar Linda R. Monk explores the remarkable history of the Bill of Rights amendment by amendment, the Supreme Court's interpretation of each right, and the power of citizens to enforce those rights. Stories of the ordinary people who made the Bill of Rights come alive are featured throughout. These include Fannie Lou Hamer, a Mississippi sharecropper who became a national civil rights leader; Clarence Earl Gideon, a prisoner whose handwritten petition to the Supreme Court expanded the right to counsel; Mary Beth Tinker, a 13-year-old whose protest of the Vietnam War established free speech rights for students; Michael Hardwick, a bartender who fought for privacy after police entered his bedroom unlawfully; Suzette Kelo, a nurse who opposed the city's takeover of her working-class neighborhood; and Simon Tam, a millennial whose 10-year trademark battle for his band "The Slants" ended in a unanimous Supreme Court victory. Such people prove that, in the words of Judge Learned Hand, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court, can save it." Exploring the history, scope, and meaning of the first ten amendments-as well as the Fourteenth Amendment, which nationalized them and extended new rights of equality to all-The Bill of Rights: A User's Guide is a powerful examination of the values that define American life and the tools that every citizen needs.
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
The American Civil Liberties Union partners with award-winning authors Michael Chabon and Ayelet Waldman in this “forceful, beautifully written” (Associated Press) collection that brings together many of our greatest living writers, each contributing an original piece inspired by a historic ACLU case. On January 19, 1920, a small group of idealists and visionaries, including Helen Keller, Jane Addams, Roger Baldwin, and Crystal Eastman, founded the American Civil Liberties Union. A century after its creation, the ACLU remains the nation’s premier defender of the rights and freedoms guaranteed by the Constitution. In collaboration with the ACLU, authors Michael Chabon and Ayelet Waldman have curated an anthology of essays “full of struggle, emotion, fear, resilience, hope, and triumph” (Los Angeles Review of Books) about landmark cases in the organization’s one-hundred-year history. Fight of the Century takes you inside the trials and the stories that have shaped modern life. Some of the most prominent cases that the ACLU has been involved in—Brown v. Board of Education, Roe v. Wade, Miranda v. Arizona—need little introduction. Others you may never even have heard of, yet their outcomes quietly defined the world we live in now. Familiar or little-known, each case springs to vivid life in the hands of the acclaimed writers who dive into the history, narrate their personal experiences, and debate the questions at the heart of each issue. Hector Tobar introduces us to Ernesto Miranda, the felon whose wrongful conviction inspired the now-iconic Miranda rights—which the police would later read to the man suspected of killing him. Yaa Gyasi confronts the legacy of Brown v. Board of Education, in which the ACLU submitted a friend of- the-court brief questioning why a nation that has sent men to the moon still has public schools so unequal that they may as well be on different planets. True to the ACLU’s spirit of principled dissent, Scott Turow offers a blistering critique of the ACLU’s stance on campaign finance. These powerful stories, along with essays from Neil Gaiman, Meg Wolitzer, Salman Rushdie, Ann Patchett, Viet Thanh Nguyen, Louise Erdrich, George Saunders, and many more, remind us that the issues the ACLU has engaged over the past one hundred years remain as vital as ever today, and that we can never take our liberties for granted. Chabon and Waldman are donating their advance to the ACLU and the contributors are forgoing payment.
Alexander Hamilton wrote that “the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution.” If only that were true. The Founding Fathers wanted the judicial branch to serve as a check on the power of the legislative and executive, and gave the Supreme Court the responsibility of interpreting the Constitution in a way that would safeguard individual freedoms. In some cases, like Brown V. Board of Education and United States V. Lopez, the Court fulfilled its role, protecting us from racial discrimination and the heavy hand of the federal government. But sadly, the Supreme Court has also handed down many destructive decisions on cases you probably never learned about in school. In The Dirty Dozen, two distinguished legal scholars shed light on the twelve worst cases, which allowed government to interfere in your private contractual agreements; curtail your rights to criticize or support political candidates; arrest and imprison you indefinitely, without filing charges; and seize your private property, without compensation, when someone uses the property for criminal activity—even if you don’t know about it! This is not a book just for lawyers. It’s for all Americans who want to understand how the Supreme Court can affect our right to life, liberty, and the pursuit of happiness. This paperback edition includes a new preface, “Guns, Bailouts, and Empathetic Judges,” which highlights new and critical issues that have arisen since the book’s initial edition was published in 2008.
The First Amendment is of great importance to Americans because it contains five main civil rights that citizens are guaranteed. These, including the freedom to petition, are the rights most often challenged in Supreme Court cases. Readers learn what freedom of petition entails through the historical context of the Bill of Rights and cases brought before the Supreme Court. Historical images and full-color photographs complement the main content, and fact boxes and sidebars give readers deeper explanations and perspective about this civil right.