Freedom of Speech: A Reference Guide to the United States Constitution
Greenwood Publishing Group, 2004 - 176 strani
Although freedom of speech is regarded as a bedrock principle of American constitutionalism, the Supreme Court did not recognize it as a fundamental right worthy of strong constitutional protection until the middle of the 20th century. This work focuses on the core doctrines that constitute free speech jurisprudence. It provides a historical evolution of the doctrine and examines the key Supreme Court decisions affecting it.
This volume gives readers an analytical framework for understanding free speech jurisprudence. It takes a fresh approach to free speech methodology by breaking it into two accessible parts: substantive doctrines and procedural doctrines. This work includes informative background chapters on the history and theory of free expression. It also looks at the Supreme Court's struggle with subversive advocacy and its importance in protecting free speech.
Mnenja - Napišite recenzijo
A History of Freedom of Speech in the United States
THE AMERICAN COLONIAL BACKGROUND
THE FIRST AMENDMENT
FROM THE EARLY NATIONAL PERIOD TO WORLD WAR I
What Makes Freedom of Speech Special?
POSITIVE JUSTIFICATIONS FOR THE FREEDOM OF SPEECH
NEGATIVE JUSTIFICATIONS FOR THE FREEDOM OF SPEECH
The Codified First Amendment
The Procedural First Amendment
The Problem of Subversive Advocacy and the Central Meaning of Freedom of Speech
THE WORLD WAR I CASES AND THE PROBLEM OF SUBVERSIVE SPEECH
THE FIRST RED SCARE AND THE PROBLEM OF SUBVERSIVE ORGANIZATIONS
THE SECOND RED SCARE AND THE PROBLEM OF SUBVERSIVE ORGANIZATIONS REVISITED
THE CONTEMPORARY DOCTRINE OF SUBVERSIVE ADVOCACY
The Central Organizing Principles of Free Speech Jurisprudence
THE CATEGORIZATION PRINCIPLE
THE CONTENT DISTINCTION PRINCIPLE
THE ARCHITECTURE OF FREE SPEECH ANALYSIS