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| barnette v west virginia: The Fight for Free Speech Ian Rosenberg, 2021-02-09 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. |
| barnette v west virginia: Judging Jehovah's Witnesses Shawn Francis Peters, 2000 While millions of Americans fought the Nazis, liberty was under attack at home with the persecution of Jehovah's Witnesses who were intimidated and even imprisoned for refusing to salute the flag or serve in the armed forces. This study explores their defence of their First Amendment rights. |
| barnette v west virginia: Judging Jehovah's Witnesses Shawn Francis Peters, 2000-04-11 While millions of Americans were defending liberty against the Nazis, liberty was under vicious attack at home. One of the worst outbreaks of religious persecution in U.S. history occurred during World War II when Jehovah's Witnesses were intimidated, beaten, and even imprisoned for refusing to salute the flag or serve in the armed forces. Determined to claim their First Amendment rights, Jehovah's Witnesses waged a tenacious legal campaign that led to twenty-three Supreme Court rulings between 1938 and 1946. Now Shawn Peters has written the first complete account of the personalities, events, and institutions behind those cases, showing that they were more than vindication for unpopular beliefs-they were also a turning point in the nation's constitutional commitment to individual rights. Peters begins with the story of William Gobitas, a Jehovah's Witness whose children refused to salute the flag at school. He follows this famous case to the Supreme Court, where he captures the intellectual sparring between Justices Frankfurter and Stone over individual liberties; then he describes the aftermath of the Court's ruling against Gobitas, when angry mobs savagely assaulted Jehovah's Witnesses in hundreds of communities across America. Judging Jehovah's Witnesses tells how persecution-much of it directed by members of patriotic organizations like the American Legion-touched the lives of Witnesses of all ages; why the Justice Department and state officials ignored the Witnesses' pleas for relief; and how the ACLU and liberal clergymen finally stepped forward to help them. Drawing on interviews with Witnesses and extensive research in ACLU archives, he examines the strategies that beleaguered Witnesses used to combat discrimination and goes beyond the familiar Supreme Court rulings by analyzing more obscure lower court decisions as well. By vigorously pursuing their cause, the Witnesses helped to inaugurate an era in which individual and minority rights emerged as matters of concern for the Supreme Court and foreshadowed events in the civil rights movement. Like the classics Gideon's Trumpet and Simple Justice, Judging Jehovah's Witnesses vividly narrates a moving human drama while reminding us of the true meaning of our Constitution and the rights it protects. |
| barnette v west virginia: The Schoolhouse Gate Justin Driver, 2019-08-06 A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again. |
| barnette v west virginia: Fight of the Century Viet Thanh Nguyen, Jacqueline woodson, Ann Patchett, Brit Bennett, Steven Okazaki, David Handler, Geraldine Brooks, Yaa Gyasi, Sergio De La Pava, Dave Eggers, Timothy Egan, Li Yiyun, Meg Wolitzer, Hector Tobar, Aleksandar Hemon, Elizabeth Strout, Rabih Alameddine, Moriel Rothman-Zecher, Jonathan Lethem, Salman Rushdie, Lauren Groff, Jennifer Egan, Scott Turow, Morgan Parker, Victor Lavalle, Michael Cunningham, Neil Gaiman, Jesmyn Ward, Moses Sumney, George Saunders, Marlon James, William Finnegan, Anthony Doerr, C.J. Anders, Brenda J. Childs, Andrew Sean Greer, Louise Erdrich, Adrian Nicole LeBlanc, 2021-01-19 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. |
| barnette v west virginia: Multiculturalism and the Courts Nicholas Appleton, 1978 |
| barnette v west virginia: The Fight for Free Speech Ian Rosenberg, 2021-02-09 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. |
| barnette v west virginia: The Court at War Cliff Sloan, 2023-09-19 The inside story of how one president forever altered the most powerful legal institution in the country—with consequences that endure today By the summer of 1941, in the ninth year of his presidency, Franklin Roosevelt had molded his Court. He had appointed seven of the nine justices—the most by any president except George Washington—and handpicked the chief justice. But the wartime Roosevelt Court had two faces. One was bold and progressive, the other supine and abject, cowed by the charisma of the revered president. The Court at War explores this pivotal period. It provides a cast of unforgettable characters in the justices—from the mercurial, Vienna-born intellectual Felix Frankfurter to the Alabama populist Hugo Black; from the western prodigy William O. Douglas, FDR’s initial pick to be his running mate in 1944, to Roosevelt’s former attorney general and Nuremberg prosecutor Robert Jackson. The justices’ shameless capitulation and unwillingness to cross their beloved president highlight the dangers of an unseemly closeness between Supreme Court justices and their political patrons. But the FDR Court’s finest moments also provided a robust defense of individual rights, rights the current Court has put in jeopardy. Sloan’s intimate portrait is a vivid, instructive tale for modern times. |
| barnette v west virginia: Freedom and the Court Henry Julian Abraham, Barbara Ann Perry, 2003 Previous edition, 6th, published in 1994. |
| barnette v west virginia: The Supreme Court and the Philosopher Eric T. Kasper, Troy A. Kozma, 2024-04-15 The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom. Proceeding case by case and covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric T. Kasper and Troy A. Kozma show how the Supreme Court justices have struck down numerous laws for infringing on the freedom of expression. Kasper and Kozma demonstrate how the adoption of Mill's version of free speech began with Justice Oliver Wendell Holmes Jr. more than a century ago and expanded over time to become the prevailing position of the Court today. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence. The Supreme Court and the Philosopher is the first book to comprehensively explore how the political philosophy of Mill has influenced the highest court in the land. In targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, this book is particularly timely, as the issues of censorship and freedom of expression are debated in the public square today. |
| barnette v west virginia: We the Students Jamin B. Raskin, 2014-07-03 We the Students is a highly acclaimed resource that has introduced thousands of students to the field of legal studies by covering Supreme Court issues that directly affect them. It examines topics such as students’ access to judicial process; religion in schools; school discipline and punishment; and safety, discrimination and privacy at school. Through meaningful and engagingly written commentary, excerpts of Supreme Court cases (with students as the litigants), and exercises and class projects, author Jamie B. Raskin provides students with the tools they need to gain a deeper appreciation of democratic freedoms and challenges, and underscores their responsibility in preserving constitutional principles. Completely revised and updated, the new, Fourth Edition of We the Students incorporates new Supreme Court cases, new examples, and new exercises to bring constitutional issues to life. |
| barnette v west virginia: Fundamental Liberties of a Free People , 2002-11-30 Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier. The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association. Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution. Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history. |
| barnette v west virginia: The Great Dissent Thomas Healy, 2013-08-20 A Kirkus Reviews Best Nonfiction Book of the Year: “Fascinating . . . A magnificent book about a magnificent moment in American legal history.” —The Atlantic A Winner of the Robert F. Kennedy Book Award No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained individual rights, including the right to express one’s political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation. “Compelling [and] charming.” —The Wall Street Journal “A beautifully written history, capturing the lively and passionate debate as Holmes came to see the abiding imperative of free speech and defend it at great cost to his own reputation at the time.” —Booklist “A stirring mix of intelligent biography and truly significant social and legal history.” —TheChristian Science Monitor |
| barnette v west virginia: The Spirit of the Law Sarah Barringer Gordon, 2010-04-30 The author explores the interaction between the Constitution and religious practices in public life. School prayer, religion in prison, and same-sex marriages have created controversies challenging the Supreme Court and the nature of laws regarding religion. The author addresses such issues to trace the relationship between church and state. |
| barnette v west virginia: The Child Before the Court Timothy Barouch, 2021-12-14 Introduction : the child as a representative anecdote for the citizen -- Virtuous character : nineteenth-century controversies -- Natural liberty : Turner, Meyer, and Pierce -- Patriotism and politics : Gobitis and Barnette -- Procedure, care, and liberty : in re Gault -- Strategic performance : Tinker v. Des Moines Independent School District -- Tradition against the individual : Ingraham v. Wright -- Tradition against democratic majorities : Parham v. J. R. -- Tradition against Free Speech : Bethel School District v. Fraser -- Limited state obligations : Hazelwood et al. v. Kuhlmeier -- The impoverished social contract : DeShaney v. Winnebago County DSS -- The National interest : Morse v. Frederick -- Conclusion : citizenship and judgment in uncertain times. |
| barnette v west virginia: Encyclopedia of Education Law Charles J. Russo, 2008-06-27 This encyclopedia is a covers the essential and core areas of the subject including cases, governance, technology and biography. |
| barnette v west virginia: The Oxford Handbook of U.S. Education Law , 2021-06-22 During the mid-to-late 20th Century, education law emerged as a distinct area of practice and scholarship in the United States. Attorneys began to develop specialties representing school districts, students, parents, and teachers, while law schools and colleges of education started to offer courses about the legal regulation of K-12 public schools. The statutory and common law governing schools grew rapidly, and developed in a manner that often treated public schools differently from other governmental entities. Now, law schools and colleges of education regularly offer an education law course. Many states' school administrator certificates require some familiarity with education law. The scholarly field of education law is rich and deep. Attorneys play a key role in education policy, as do state and federal legislatures and regulatory agencies. The issues range from school funding to supporting English learners; from racial equality to teachers' labor laws; from student privacy to school choice. Addressing those issues and more, The Oxford Handbook of U.S. Education Law provides a comprehensive overview of the current state of K-12 education law in the United States. A number of foundational chapters present a synthesis of general areas of law for those who seek an introduction. Dozens of other chapters build on those foundations, diving into various topics in a nuanced, yet accessible, way, creating value for those who seek to deepen or reframe their knowledge about a specific issue. Throughout the volume and especially in the last section, the authors also look to the future and thus help shape the direction of the field. |
| barnette v west virginia: Routledge Revivals: Religion and American Law (2006) Paul Finkelman, 2018-05-08 Originally published in 2000, the Encyclopedia of Religion and American Law, comprehensively describes and analyses important cases and legal controversies between religion and state. The book has contributions from numerous distinguished history and law professors and practicing attorneys of the period. It provides short and articulate encyclopedic style entries which capture the colour, richness and complexity of the topics covered. The book’s multidisciplinary approach will make it an ideal library reference resource for scholars and students of law, as well as a valuable addition to any legal collection. |
| barnette v west virginia: To the Flag Richard J. Ellis, 2005-04-01 For over one hundred years, it has been deeply ingrained in American culture. Saluting the flag in public schools began as part of a national effort to Americanize immigrants, its final six words imbuing it with universal hope and breathtaking power. Now Richard Ellis unfurls the fascinating history of the Pledge of Allegiance and of the debates and controversies that have sometimes surrounded it. For anyone who has ever recited those thirty-one words, To the Flag provides an unprecedented historical perspective on recent challenges to the Pledge. As engaging as it is informative, it traces the story from the Pledge's composition by Francis Bellamy in 1892 up to the Supreme Court's action in 2004 regarding atheist Michael Newdow's objection to the words under God. Ellis is especially good at highlighting aspects of this story that might not be familiar to most readers: the schoolhouse flag movement, the codification of the Pledge at the First National Flag Conference in 1923, changing styles of salute, and the uses of the Pledge to quell public concerns over sundry strains of radicalism. Created against the backdrop of rapid immigration, the Pledge has continued for over a century to be injected into American politics at times of heightened anxiety over the meaning of our national identity. Ellis analyzes the text of the Pledge to tell how the very words indivisible and allegiance were intended to invoke Civil War sentiments-and how with liberty and justice for all forms a capsule expression of the American creed. He also examines the introduction of under God as an anti-Communist declaration in the 1950s, demonstrating that the phrase is not mere ceremonial Deism but rather a profound expression of what has been called America's civil religion. The Pledge has inspired millions but has also been used to promote conformity and silence dissent-indeed its daily recitation in schools and legislatures tells us as much about our anxieties as a nation as it does about our highest ideals. Ellis reveals how, for over a century, those who have been most fearful about threats to our national identity have often been most insistent on the importance of patriotic rituals. Indeed, by addressing this inescapable paradox of our civic life, Ellis opens a new and unexpected window on the American soul. |
| barnette v west virginia: Free Speech On Trial Richard A. Parker, 2003-07-21 Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them. At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices. Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures. Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society. |
| barnette v west virginia: The History of the Supreme Court of the United States William M. Wiecek, 2006-01-23 The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century. |
| barnette v west virginia: The Pursuit of Justice Kermit L. Hall, John J. Patrick, 2006-12 Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000. |
| barnette v west virginia: Encyclopedia of American Civil Liberties Paul Finkelman, 2013-11-07 This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today. |
| barnette v west virginia: Beyond Portia Jacqueline St. Joan, Annette Bennington McElhiney, 1997 A resource to help judges, lawyers, scholars, and students gain insight into the real lives of women whom the law purports to represent but whose self-representations have historically been excluded from legal discourse. |
| barnette v west virginia: First Amendment Stories Richard W. Garnett, Andrew Koppelman, 2012 Softbound - New, softbound print book. |
| barnette v west virginia: The Case Against the Supreme Court Erwin Chemerinsky, 2014-09-25 A preeminent constitutional scholar offers a hard-hitting analysis of the Supreme Court over the last two hundred years Most Americans share the perception that the Supreme Court is objective, but Erwin Chemerinsky, one of the country’s leading constitutional lawyers, shows that this is nonsense and always has been. The Court is made up of fallible individuals who base decisions on their own biases. Today, the Roberts Court is promoting a conservative agenda under the guise of following a neutral methodology, but notorious decisions, such as Bush vs. Gore and Citizens United, are hardly recent exceptions. This devastating book details, case by case, how the Court has largely failed throughout American history at its most important tasks and at the most important times. Only someone of Chemerinsky’s stature and breadth of knowledge could take on this controversial topic. Powerfully arguing for term limits for justices and a reassessment of the institution as a whole, The Case Against the Supreme Court is a timely and important book that will be widely read and cited for decades to come. |
| barnette v west virginia: ARE YOU A NOT SEE? Mister Gusano, Robert C. Prenic, William Phideaux, Are you a “Not-See”? Do you not see? Most historians did not see the amazing discoveries explained in this book about the academic work of Professor Dr. Rex Curry. Most people do not see it because they have been deceived by socialist schools (government schools) and the old media. The symbol on the cover of this book represents the “Not-See” movement. Modern political debates often describe the only two opposing alternatives as “Communists” versus “Nazis.” The description is a dishonest trick: the words “Communist” and “Nazi” are used to divert attention from the larger shared problem of “Socialism.” The famed Linguist Dr. Rex Curry exposed modern historical amnesia concerning Hitler’s vocabulary. Almost everyone (including every so-called scholar) refers ignorantly to Hitler as a Nazi or a Fascist and not as a Socialist. Educational Outreach Programs (EOPs) energized by Dr. Rex Curry's scholarship are the only services that inform benighted scholars that Hitler self-identified as Socialist. He did not self-identify as Nazi, nor as Fascist. No other linguist provides this vital public awareness. So, if you ever see a sentence like the following one, then you know it was from EOPs for Dr. Curry's work: Hitler didn't call himself Nazi or Fascist, he called himself Socialist. The linguistic EOPs above led to many amazing historical discoveries, including revelations about Anne Frank’s Diary; Adolf Hitler’s “Mein Kampf”; Sophie Scholl’s White Rose group; Joseph Goebbels’ “Der Nazi Sozi”; Martin Niemoller’s verse “First They Came For the Socialists”; the swastika symbol, the hexagram (Star of David), and how Hitler changed BOTH symbols together; the etymological history of “Roman Salute”; and much more! Except for the American Linguist Laureate Dr. Rex Curry, every other historian did not see how the USA’s Pledge of Allegiance led to Nazi salutes and Nazi behavior; and how the original pledge’s use of military salutes led to Nazi salutes. Also, historians did not see the similar symbolism of Adolf Hitler's NSV, SA, and SS logos, as compared with the logo of Hitler's party: the National Socialist German Workers Party. Even today, only exceptional scholars with extraordinary skills (e.g. Dr. Curry) are able to discern the “S”-letter shape of the NSV’s logo (The National Socialist People's Welfare; in German: Nationalsozialistische Volkswohlfahrt). The S symbolism is almost as difficult to perceive as in Hitler’s Hakenkreuz (hooked cross). It is as undetectable as in the symbols for the SS and SA (Schutzstaffel and Sturmabteilung). All historians (other than Dr. Curry) did not see how Hitler used his party's symbol to represent S-letter shapes for SOCIALIST. Do you not see? Professor Curry transformed the culture of India along with Hinduism and Buddhism. Before Dr. Curry’s discoveries, Buddhists and Hindus published complaints that “Hitler stole their swastika symbol and ruined it and they want to restore respect for their ancient symbol.” Educational Outreach Programs (EOP) about Dr. Curry’s work taught India’s commentators that Hitler’s symbol was not a swastika, and that Hitler never called it a swastika. An upheaval occurred among Buddhists and Hindus in their objections. Now they proudly assert: “Hitler called his symbol a Hakenkreuz (hooked cross), not a swastika. It was not the same symbol. Dr. Curry told us!” |
| barnette v west virginia: Economic Opportunity Amendments of 1971: April 27 and 28, 1971 United States. Congress. Senate. Committee on Labor and Public Welfare. Subcommittee on Employment, Manpower, and Poverty, 1971 |
| barnette v west virginia: The Constitution and the Flag: The flag salute cases Michael Kent Curtis, 1993 First Published in 1993. Routledge is an imprint of Taylor & Francis, an informa company. |
| barnette v west virginia: The Rise and Decline of American Religious Freedom Steven D. Smith, 2014-02-18 Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. The American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and of conscience. Smith maintains that the First Amendment was intended merely to preserve the political status quo in matters of religion. America's distinctive contribution was, rather, a commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Instead of upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics. |
| barnette v west virginia: Reconsidering Judicial Finality Louis Fisher, 2023-07-21 Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions. In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people. |
| barnette v west virginia: Politics and Religion in the United States Michael Corbett, Julia Corbett Hemeyer, 1999 A thorough discussion of historical origins of religion in political life, constitutional matters, public opinion, and the most relevant groups, all while taking theology seriously. Revisions include fully updating all the public opinion data, fuller incorporation of voting behavior among different religious and demographic groups, enhanced discussion of minority religions such as Mormonism and Islam, and new examples throughout. |
| barnette v west virginia: Defending Congress and the Constitution Louis Fisher, 2011-09-07 The culmination of four decades of research and service on behalf of Congress, Louis Fisher's latest work is a fitting capstone to a remarkable career as scholar and writer and presents his most articulate, passionate, and persuasive defense yet of Congress as an institution. Our nation's leading authority on the separation of powers, Fisher offers a lucid primer on our nation's government and its executive, legislative, and judicial branches while vigorously advocating a robust reassertion of Congress's rightful role within that system. Drawing on a wide range of legislation, Supreme Court rulings, and presidential decisions, Fisher illuminates the contentious contest among the three major branches for power and control of government, presents a panorama of American history, and touches on issues as wide-ranging as federalism, religious freedom, and national security policy. Fisher is especially critical of the stereotypical view of the Supreme Court's decisions as possessing a kind of effectiveness and absolute finality that transcends the efforts and powers of Congress. Indeed, he argues that Congress, as much or more than the judiciary, has had a major positive impact on protecting individual rights in this country, while the judiciary has fallen short in such areas as child labor regulation and compulsory flag salute-or has attempted to settle a constitutional issue only to have it fester for years, breeding anger and resentment, until the political process forces the courts rethink their views. He highlights legislative accomplishments in many areas, often in the face of judicial opposition and obstruction, but also chides Congress for not protecting its key prerogatives over the power of the purse and going to war. In yielding to other branches, Fishers warns, lawmakers fail to represent their constituents and cripple the very system of checks and balances the Framers counted on to limit the destructive capacity of government. His book offers a wealth of forceful insights and provides an important reminder of and guide to how our government should really work. |
| barnette v west virginia: The Lustre of Our Country John T. Noonan, 1998 The Lustre of Our Country demonstrates how the idea of religious freedom is central to the American experience and to American influence on religion around the world. |
| barnette v west virginia: Civil Peace and the Quest for Truth Murray Dry, 2004-11-17 The freedoms of speech and religion assumed a sacrosanct space in American notions of civil liberty. But it was not until the twentieth century that these freedoms became prominent in American constitutional law; originally, the first ten amendments applied only to the federal government and not to the states. Murray Dry traces the trajectory of freedom of speech and religion to the center of contemporary debates as few scholars have done, by looking back to the American founding and to the classical texts in political philosophy that shaped the founders' understanding of republican government. By comparing the colonial charters with the new state constitutions and studying the development of the federal Constitution, Dry demonstrates the shift from governmental concern for the salvation of souls to the more limited aim of the securing of rights. For a uniquely rich and nuanced appreciation of this shift Dry explores the political philosophy of Locke, Spinoza, Montesquieu, and Mill, among others, whose writings helped shaped the Supreme Court's view of religion as separate from philosophy, as a matter of individual faith and not a community practice. Delving into the polyvalent interpretations of such fundamental concepts as truth, faith, and freedom, Civil Peace and the Quest for Truth immeasurably advances the study of American constitutional law and our First Amendment rights. |
| barnette v west virginia: Religion, Education and the State Mark Strasser, 2016-04-08 In the context of education, Church and State issues are of growing importance and appear to be increasingly divisive. This volume critically examines the developing jurisprudence relating to religion in the schools beginning with Everson v. Board of Education, where the US Supreme Court discussed the wall of separation between Church and State. The study traces both how the Court's views have evolved during this period and how, through recharacterizations of past opinions and the facts underlying them, the Court has appeared to interpret Establishment Clause guarantees in light of the past jurisprudence when in reality that jurisprudence has been turned on its head. The Court not only offers an unstable jurisprudence that is more likely to promote than avoid the problems that the Establishment Clause was designed to prevent, but approaches Establishment Clause issues in a way that decreases the likelihood that an acceptable compromise on these important issues can be reached. The study focuses on the situation in the US but the important issue of religion, education and the state has great relevance in many jurisdictions. |
| barnette v west virginia: Religious Liberty in Crisis Ken Starr, 2021-04-13 What was unfathomable in the first two decades of the twenty-first century has become a reality. Religious liberty, both in the United States and across the world, is in crisis. As we navigate the coming decades, We the People must know our rights more than ever, particularly as it relates to the freedom to exercise our religion. Armed with a proper understanding of this country’s rich tradition of religious liberty, we can protect faith through any crisis that comes our way. Without that understanding, though, we’ll watch as the creeping secular age erodes our freedom. In this book, Ken Starr explores the crises that threaten religious liberty in America. He also examines the ways well-meaning government action sometimes undermines the religious liberty of the people, and how the Supreme Court in the past has ultimately provided us protection from such forms of government overreach. He also explores the possibilities of future overreach by government officials. The reader will learn how each of us can resist the quarantining of our faith within the confines of the law, and why that resistance is important. Through gaining a deep understanding of the Constitutional importance of religious expression, Starr invites the reader to be a part of protecting those rights of religious freedom and taking a more active role in advancing the cause of liberty. |
| barnette v west virginia: New Religious Movements and Religious Liberty in America Derek Davis, Barry Hankins, 2003 New nontraditional religious movements are the most likely groups to offend mainstream culture and the least likely to have representatives in government to ensure that their liberty is protected. These new religious movements are sometimes ostracized and subject to various forms of discrimination. As America becomes increasingly pluralistic, with more and more groups contributing to the nation's religious mosaic, new religious movements may well play an increasing role in the course of religious liberty in America, just as groups such as the Jehovah's Witnesses did formerly. This book explores the problems and possibilities posed by new religious movements for religious liberty in America. |
| barnette v west virginia: Economic Opportunity Amendments of 1971 United States. Congress. Senate. Committee on Labor and Public Welfare. Subcommittee on Employment, Manpower, and Poverty, 1971 |
| barnette v west virginia: Economic Opportunity Amendments of 1971, Hearings Before the Subcommittee on Employment, Manpower, and Poverty United States. Congress. Senate. Labor and Public Welfare, 1971 |
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Kathy Barnette - Wikipedia
Kathy Jean Barnette (born September 6, 1971) is an American politician and political commentator.
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Welcome to Barnett Tool & Engineering - Home of Barnett custom cables and clutches.
Exclusive | Gary Barnett finally snags holdout lot to build Fifth Ave ...
Mar 21, 2025 · It took 10 years to put it all together, but Extell boss Gary Barnett at last locked up his dream site — the entire Fifth Avenue blockfront between West 46th and 47th streets.
Who is Kathy Barnette? Senate candidate running in Pennsylvania - USA TODAY
May 13, 2022 · Kathy Barnette has a shot at winning the GOP Senate primary in Pennsylvania and upsetting the Trump-backed "Dr. Oz." What to know about Barnette.
Bio - Kathy Barnette
Going up against an unprecedented smear campaign and big money, she ran a formidable race and surged in the last few days. Having spent less than $2 million to run her entire campaign, …
‘Ultra-MAGA’ longshot roars into contention in key Senate race
May 10, 2022 · PHILADELPHIA — Kathy Barnette has been outspent 358-to-1 on TV in Pennsylvania’s GOP primary for the Senate. She hasn’t run for statewide office before. She …
Gary Barnett (real estate developer) - Wikipedia
Gary Barnett is an American businessman. He is the president and founder of Extell Development Company, a real estate development firm involved in residential, commercial and hospitality …
Tony Barnette - Baseball-Reference.com
Check out the latest Stats, Height, Weight, Position, Rookie Status & More of Tony Barnette. Get info about his position, age, height, weight, draft status, bats, throws, school and more on …
