The Taming of Free Speech

Author: Laura Weinrib

Publisher: Harvard University Press

ISBN: 0674545710

Category: History

Page: 461

View: 5625

Laura Weinrib shows how a coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. Protection of civil liberties was a calculated bargain between liberals and conservatives to save the courts from New Deal attack and secure free speech for both labor radicals and businesses.
Posted in History

The Taming of Free Speech

Author: Laura Weinrib

Publisher: Harvard University Press

ISBN: 0674974689

Category: Law

Page: 412

View: 3324

Laura Weinrib shows how a coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. Protection of civil liberties was a calculated bargain between liberals and conservatives to save the courts from New Deal attack and secure free speech for both labor radicals and businesses.
Posted in Law

The Free Speech Century

Author: Geoffrey R. Stone,Lee C. Bollinger

Publisher: Oxford University Press, USA

ISBN: 0190841370

Category: Law

Page: 376

View: 9731

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.
Posted in Law

Free Speech Beyond Words

The Surprising Reach of the First Amendment

Author: Mark V. Tushnet,Alan K. Chen,Joseph Blocher

Publisher: NYU Press

ISBN: 1479880280

Category: Law

Page: 272

View: 6441

The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
Posted in Law

Speechless

The Erosion of Free Expression in the American Workplace: Easyread Large Edition

Author: Bruce Barry

Publisher: ReadHowYouWant.com

ISBN: 1442957220

Category: Business & Economics

Page: 524

View: 9490

Pressed to come up with a list of critical issues facing the contemporary American workplace, one thinks quickly of job insecurity, stagnant wages, health care costs, downsizing, off shoring, workplace safety, and retirement worries. Freedom of expression for employees might seem less urgent than these issues, but it is precisely the freedom to speak about these and other issues at the intersection of work, economy, democracy, and society that is at stake. Thirty years ago, David Ewing of the Harvard Business School condemned the U.S. system of employment as a ''black hole'' in our civil liberties universe, ''with rights so compacted, so imploded by the gravitational forces of legal tradition, that, like the giant black stars in the physical universe, light can scarcely escape.'' Today, as we will see in the chapters to come, employers are controlling workers and their lives on and off the job just as much, if not more than, they did thirty years ago. The result for employees is an erosion of freedom to express themselves, an impairment of their ability to participate fully as citizens in our collective social and political enterprise.
Posted in Business & Economics

Free Speech and Unfree News

Author: Sam Lebovic

Publisher: Harvard University Press

ISBN: 0674969596

Category: History

Page: 344

View: 6039

Does America have a free press? Many who say yes appeal to First Amendment protections against censorship. Sam Lebovic shows that free speech, on its own, is not sufficient to produce a free press and helps us understand the crises that beset the press amid media consolidation, a secretive national security state, and the daily newspaper’s decline.
Posted in History

The Workplace Constitution from the New Deal to the New Right

Author: Sophia Z. Lee

Publisher: Cambridge University Press

ISBN: 1316061191

Category: History

Page: N.A

View: 9753

Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
Posted in History

The Right’s First Amendment

The Politics of Free Speech & the Return of Conservative Libertarianism

Author: Wayne Batchis

Publisher: Stanford University Press

ISBN: 080479801X

Category: Law

Page: 296

View: 2715

Not so long ago, being aggressively "pro–free speech" was as closely associated with American political liberalism as being pro-choice, pro–affirmative action, or pro–gun control. With little notice, this political dynamic has been shaken to the core. The Right's First Amendment examines how conservatives came to adopt and co-opt constitutional free speech rights. In the 1960s, free speech on college campuses was seen as a guarantee for social agitators, hippies, and peaceniks. Today, for many conservatives, it represents instead a crucial shield that protects traditionalists from a perceived scourge of political correctness and liberal oversensitivity. Over a similar period, free market conservatives have risen up to embrace a once unknown, but now cherished, liberty: freedom of commercial expression. What do these changes mean for the future of First Amendment interpretation? Wayne Batchis offers a fresh entry point into these issues by grounding his study in both political and legal scholarship. Surveying six decades of writings from the preeminent conservative publication National Review alongside the evolving constitutional law and ideological predispositions of Supreme Court justices deciding these issues, Batchis asks the conservative political movement to answer to its judicial logic, revealing how this keystone of our civic American beliefs now carries a much more complex and nuanced political identity.
Posted in Law

The Minority Rights Revolution

Author: John David Skrentny

Publisher: Harvard University Press

ISBN: 0674043731

Category: History

Page: 496

View: 3639

Posted in History

Agent 110

An American Spymaster and the German Resistance in WWII

Author: Scott Miller

Publisher: Simon and Schuster

ISBN: 1451693400

Category: Biography & Autobiography

Page: 368

View: 2499

The “lively and engrossing” (The Wall Street Journal) story of how OSS spymaster Allen Dulles built an underground network determined to take down Hitler and destroy the Third Reich. Agent 110 is Allen Dulles, a newly minted spy from an eminent family. From his townhouse in Bern, Switzerland, and in clandestine meetings in restaurants, back roads, and lovers’ bedrooms, Dulles met with and facilitated the plots of Germans during World War II who were trying to destroy the country’s leadership. Their underground network exposed Dulles to the political maneuverings of the Soviets, who were already competing for domination of Germany, and all of Europe, in the post-war period. Scott Miller’s “absorbing and bracing” (The Seattle Times) Agent 110 explains how leaders of the German Underground wanted assurances from Germany’s enemies that they would treat the country humanely after the war. If President Roosevelt backed the resistance, they would overthrow Hitler and shorten the war. But Miller shows how Dulles’s negotiations fell short. Eventually he was placed in charge of the CIA in the 1950s, where he helped set the stage for US foreign policy. With his belief that the ends justified the means, Dulles had no qualms about consorting with Nazi leadership or working with resistance groups within other countries to topple governments. Agent 110 is “a doozy of a dossier on Allen Dulles and his early days spying during World War II” (Kirkus Reviews). “Miller skillfully weaves a double narrative of Dulles’ machinations and those of the German resistance” (Booklist) to bring to life this exhilarating, and pivotal, period of world history—of desperate renegades in a dark and dangerous world where spies, idealists, and traitors match wits and blows to ensure their vision of a perfect future.
Posted in Biography & Autobiography

Moral Minorities and the Making of American Democracy

Author: Kyle G. Volk

Publisher: Oxford University Press, USA

ISBN: 0199371911

Category: History

Page: 291

View: 5462

This work unearths the origins of popular minority-rights politics in American history. Focusing on controversies spurred by grassroots moral reform in the early 19th century, it shows how a motley array of self-understood minorities reshaped American democracy as they battled laws regulating Sabbath observance, alcohol, and interracial contact.
Posted in History

What's Wrong with the First Amendment

Author: Steven H. Shiffrin

Publisher: Cambridge University Press

ISBN: 1316839540

Category: Law

Page: 228

View: 8879

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 reasons.
Posted in Law

Tax and Spend

The Welfare State, Tax Politics, and the Limits of American Liberalism

Author: Molly C. Michelmore

Publisher: University of Pennsylvania Press

ISBN: 0812206746

Category: History

Page: 256

View: 7048

Taxes dominate contemporary American politics. Yet while many rail against big government, few Americans are prepared to give up the benefits they receive from the state. In Tax and Spend, historian Molly C. Michelmore examines an unexpected source of this contradiction and shows why many Americans have come to hate government but continue to demand the security it provides. Tracing the development of taxing and spending policy over the course of the twentieth century, Michelmore uncovers the origins of today's antitax and antigovernment politics in choices made by liberal state builders in the 1930s, 1940s, and 1950s. By focusing on two key instruments of twentieth-century economic and social policy, Aid to Families with Dependent Children and the federal income tax, Tax and Spend explains the antitax logic that has guided liberal policy makers since the earliest days of Franklin Roosevelt's presidency. Grounded in careful archival research, this book reveals that the liberal social compact forged during the New Deal, World War II, and the postwar years included not only generous social benefits for the middle class—including Social Security, Medicare, and a host of expensive but hidden state subsidies—but also a commitment to preserve low taxes for the majority of American taxpayers. In a surprising twist on conventional political history, Michelmore's analysis links postwar liberalism directly to the rise of the Republican right in the last decades of the twentieth century. Liberals' decision to reconcile public demand for low taxes and generous social benefits by relying on hidden sources of revenues and invisible kinds of public subsidy, combined with their persistent defense of taxpayer rights and suspicion of "tax eaters" on the welfare rolls, not only fueled but helped create the contours of antistate politics at the core of the Reagan Revolution.
Posted in History

The Supreme Court on Unions

Why Labor Law Is Failing American Workers

Author: Julius G. Getman

Publisher: Cornell University Press

ISBN: 150170365X

Category: Law

Page: 240

View: 4887

In this book, Julius G. Getman argues that while the role of the Supreme Court has become more central in shaping labor law, its opinions betray a profound ignorance of labor relations along with a persisting bias against unions.
Posted in Law

The Old Regime and the Revolution

Author: Alexis de Tocqueville

Publisher: N.A

ISBN: N.A

Category: France

Page: 344

View: 9474

Posted in France

Uplift Cinema

The Emergence of African American Film and the Possibility of Black Modernity

Author: Allyson Nadia Field

Publisher: Duke University Press

ISBN: 0822375559

Category: Performing Arts

Page: 344

View: 5100

In Uplift Cinema, Allyson Nadia Field recovers the significant yet forgotten legacy of African American filmmaking in the 1910s. Like the racial uplift project, this cinema emphasized economic self-sufficiency, education, and respectability as the keys to African American progress. Field discusses films made at the Tuskegee and Hampton Institutes to promote education, as well as the controversial The New Era, which was an antiracist response to D. W. Griffith's The Birth of a Nation. She also shows how Black filmmakers in New York and Chicago engaged with uplift through the promotion of Black modernity. Uplift cinema developed not just as a response to onscreen racism, but constituted an original engagement with the new medium that has had a deep and lasting significance for African American cinema. Although none of these films survived, Field's examination of archival film ephemera presents a method for studying lost films that opens up new frontiers for exploring early film culture.
Posted in Performing Arts

The Decline of the West

Author: Oswald Spengler

Publisher: Oxford University Press, USA

ISBN: 9780195066340

Category: Philosophy

Page: 414

View: 8336

Spengler's work describes how we have entered into a centuries-long "world-historical" phase comparable to late antiquity, and his controversial ideas spark debate over the meaning of historiography.
Posted in Philosophy

The Branding of the American Mind

How Universities Capture, Manage, and Monetize Intellectual Property and Why It Matters

Author: Jacob H. Rooksby

Publisher: JHU Press

ISBN: 1421420805

Category: Education

Page: 392

View: 3527

Universities generate an enormous amount of intellectual property, including copyrights, trademarks, patents, Internet domain names, and even trade secrets. Until recently, universities often ceded ownership of this property to the faculty member or student who created or discovered it in the course of their research. Increasingly, though, universities have become protective of this property, claiming it for their own use and licensing it as a revenue source instead of allowing it to remain in the public sphere. Many universities now behave like private corporations, suing to protect trademarked sports logos, patents, and name brands. Yet how can private rights accumulation and enforcement further the public interest in higher education? What is to be gained and lost as institutions become more guarded and contentious in their orientation toward intellectual property? In this pioneering book, law professor Jacob H. Rooksby uses a mixture of qualitative, quantitative, and legal research methods to grapple with those central questions, exposing and critiquing the industry’s unquestioned and growing embrace of intellectual property from the perspective of research in law, higher education, and the social sciences. While knowledge creation and dissemination have a long history in higher education, using intellectual property as a vehicle for rights staking and enforcement is a relatively new and, as Rooksby argues, dangerous phenomenon for the sector. The Branding of the American Mind points to higher education’s love affair with intellectual property itself, in all its dimensions, including newer forms that are less tied to scholarly output. The result is an unwelcome assault on the public’s interest in higher education. Presuming no background knowledge of intellectual property, and ending with a call to action, The Branding of the American Mind explores applicable laws, legal regimes, and precedent in plain English, making the book appealing to anyone concerned for the future of higher education.
Posted in Education

The Records of the Federal Convention of 1787

Author: United States. Constitutional Convention

Publisher: N.A

ISBN: N.A

Category: Constitutional conventions

Page: 1352

View: 3444

Posted in Constitutional conventions

Lincoln's Greatest Speech

The Second Inaugural

Author: Ronald C. White

Publisher: Simon and Schuster

ISBN: 0743299620

Category: History

Page: 256

View: 9777

In the tradition of Wills's "Lincoln at Gettysburg, Lincoln's Greatest Speech" combines impeccable scholarship and lively, engaging writing to reveal the full meaning of one of the greatest speeches in the nation's history.
Posted in History