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| clear present danger test: 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. |
| clear present danger test: Decision Bernard Schwartz, 1997-10-30 Discusses the Supreme Court's decision making process, based on documentary sources and interviews with justices and law clerks. Provides insight into some of the most important cases to come before the court and includes portraits of many of the justices in action. |
| clear present danger test: 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 |
| clear present danger test: Crimes against the State James A. Beckman, Eric Merriam, 2024-08-08 This work provides an authoritative survey of America's long and turbulent history of rebellions against laws and institutions of the state, ranging from violent acts of sedition and terrorism to acts of nonviolent civil disobedience against discriminatory or unjust laws. Crimes against the State is an evenhanded and illuminating one-stop resource for understanding acts of rebellion against legal authorities and institutions and the motivations/goals driving them. Special care is taken to differentiate between hostile acts and actors that seek to overthrow or otherwise damage the state and/or targeted demographic groups through violence (such bad actors as the January 6 Capitol mob and bombers of abortion clinics) and acts and actors that seek to defy, reform, or improve laws and institutions of the state through nonviolent action (such good actors as activists in the civil rights movement). Within these pages, readers will 1) learn how to differentiate between sedition, insurrection, treason, domestic terrorism, espionage, and other acts meant to injure or overthrow the government; 2) gain a deeper understanding of laws, policies, and events that have aroused violent or nonviolent opposition; 3) gain a deeper understanding of the perspectives and motivations of both good actors and bad actors; and 4) learn about state responses to these challenges and threats, from martial law–style crackdowns to new laws and reforms. |
| clear present danger test: The Supreme Court in Conference (1940-1985) Del Dickson, 2001-07-12 The Supreme Court in Conference offers a fascinating and unprecedented look at the private debates between Justices on nearly 300 landmark cases from 1940-1985. Major decisions such as Roe v. Wade and Brown v. Board of Education are covered and the notes of Justices Felix Frankfurter, William O. Douglas, Frank Murphy, Robert Jackson, Harold Burton, Tom Clark, Earl Warren and William Brennan are opened to shed light on what goes on behind the closed doors of the secretive conference room.In this unique and revealing work on some of the most profound rulings made at a turbulent time in American history, the reader is given insight into how and why certain decisions were reached. With expert editing by Del Dickson--who provides annotations and an introduction to each case, placing them in legal and historical context--cases on issues such as free speech, the rights of the accused, religion, Presidential power, equal protection, affirmative action and the death penalty are discussed. Dickson also includes a lively and incisive history of the Supreme Court, from its beginning to the present, illuminating how the conference works, how it has evolved, its various animosities, triumphant successes and glaring failures.As the first major reference work on this subject, this easy-to-use book offers the most reliable evidence available on the internal workings of the Supreme Court. It is the ideal source for scholars, law students, historians and anyone interested in how Supreme Court decisions are truly made. |
| clear present danger test: The Supreme Court Justices Melvin I. Urofsky, 1994 First Published in 1994. Routledge is an imprint of Taylor & Francis, an informa company. |
| clear present danger test: Keeping the Republic Christine Barbour, Gerald C. Wright, 2019-01-02 I consistently recommend the book to [colleagues] who are teaching American government for the first time. It is easy to use, and it provides all of the basics that any student would ever need to know. It is easy for students to read, and it challenges their preconceived notions about the world... —James W. Stoutenborough, Idaho State University Keeping the Republic gives students the power to examine the narrative of what′s going on in American politics, distinguish fact from fiction and balance from bias, and influence the message through informed citizenship. Keeping the Republic draws students into the study of American politics, showing them how to think critically about who gets what, and how while exploring the twin themes of power and citizenship. Students are pushed to consider how and why institutions and rules determine who wins and who loses in American politics, and to be savvy consumers of political information. The thoroughly updated Ninth Edition considers how a major component of power is who controls the information, how it is assembled into narratives, and whether we come to recognize fact from fiction. Citizens now have unprecedented access to power – the ability to create and share their own narratives – while simultaneously being even more vulnerable to those trying to shape their views. The political landscape of today gives us new ways to keep the republic, and some high-tech ways to lose it. Throughout the text and its features, authors Christine Barbour and Gerald Wright show students how to effectively apply the critical thinking skills they develop to the political information they encounter every day. Students are challenged to deconstruct prevailing narratives and effectively harness the political power of the information age for themselves. Up-to-date with 2018 election results and analysis, as well as the impact of recent Supreme Court rulings, shifting demographics, and emerging and continuing social movements, Keeping the Republic, Ninth Edition is a much-needed resource to help students make sense of politics in America today. Keeping the Republic, The Essentials is identical to the full version of the text, minus the three policy chapters. A Complete Teaching & Learning Package SAGE Vantage Digital Option Engage, Learn, Soar with SAGE Vantage, an intuitive digital platform that delivers Keeping the Republic, Ninth Essentials Edition textbook content in a learning experience carefully designed to ignite student engagement and drive critical thinking. Built with you and your students in mind, it offers easy course set-up and enables students to better prepare for class. Learn more. Assignable Video Assignable Video (available on the SAGE Vantage platform) is tied to learning objectives and curated exclusively for this text to bring concepts to life and appeal to different learning styles. Watch a sample video now. SAGE Coursepacks FREE! Easily import our quality instructor and student resource content into your school’s learning management system (LMS) and save time. Learn more. SAGE Edge FREE online resources for students that make learning easier. See how your students benefit. SAGE course outcomes: Measure Results, Track Success Outlined in your text and mapped to chapter learning objectives, SAGE course outcomes are crafted with specific course outcomes in mind and vetted by advisors in the field. See how SAGE course outcomes tie in with this book’s chapter-level objectives at edge.sagepub.com/ barbour9e. CQ Press Lecture Spark Designed to save you time and ignite student engagement, these free weekly lecture launchers focus on current event topics tied to key concepts in American government. Access this week’s topic. Contact your rep to learn more. |
| clear present danger test: Nomination of Robert H. Bork to be Associate Justice of the United States Supreme Court United States. Congress. Senate. Committee on the Judiciary, 1987 |
| clear present danger test: American Democracy in Context John Anthony Maltese, Joseph A. Pika, W. Phillips Shively, 2019-11-08 Discover what makes American democracy unique and how its government impacts your life American Democracy in Context provides a combined comparative and historical approach to inspire students to better understand American government and become active citizens. Bestselling authors Maltese, Pika, and Shively explain the distinctive features of how Americans practice democracy—how they vote, translate election results into representation of interests, make policy decisions, enforce laws and maintain justice—and how those practices differ from other democracies throughout the world. The emphasis is always on the American political system, but the search for understanding encourages students to examine how the American system has developed over time (historical context) and how it compares with similar practices in other democracies (comparative context). This combined approach motivates students to understand why politics is relevant to their everyday lives and how they can affect changes and make a difference. This title is accompanied by a complete teaching and learning package. Digital Option / Courseware SAGE Vantage is an intuitive digital platform that delivers this text’s content and course materials in a learning experience that offers auto-graded assignments and interactive multimedia tools, all carefully designed to ignite student engagement and drive critical thinking. Built with you and your students in mind, it offers simple course set-up and enables students to better prepare for class. Assignable Video with Assessment Assignable video (available with SAGE Vantage) is tied to learning objectives and curated exclusively for this text to bring concepts to life. LMS Cartridge (formerly known as SAGE Coursepacks): Import this title’s instructor resources into your school’s learning management system (LMS) and save time. Don’t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. |
| clear present danger test: Pre-Nineteen Sixty Developments in the Bill of Rights Area Paul L. Murphy, 2014-04-04 Volume 2 in the 20-volume series reproducing over 300 key articles which explore the 200-year history of the rights of American citizens. This title contains 23 essays on development of the Bill of Rights from a range of academic authors; features some work found in previously published journals. Such a collection will prove insightful for historians, students of American history and those with a vested interest in historic American law. |
| clear present danger test: Law in American History G. Edward White, 2012 In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers. |
| clear present danger test: Law in American History, Volume II G. Edward White, 2016-02-15 In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers. |
| clear present danger test: The Encyclopedia of Civil Liberties in America David Schultz, John R. Vile, 2015-04-10 Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties. |
| clear present danger test: The Law of Public Communication Kent R. Middleton, William E. Lee, Daxton Stewart, 2015-07-30 The Law of Public Communication provides an overview of media law that includes the most current legal developments today. It explains the laws affecting the daily work of writers, broadcasters, advertisers, cable operators, Internet service providers, public relations practitioners, photographers, bloggers, and other public communicators. Authors Kent Middleton and William Lee take students through the basic legal principles and methods of analysis that allows students to study and keep abreast of the rapidly changing field of public communication. By presenting statutes and cases in a cohesive manner that is understandable, even to students studying law for the first time, the authors ensure that students will acquire a firm grasp of the legal issues affecting the media. This 2016 Update brings the Ninth Edition up to date with the most recent cases and examples effecting media professionals and public communicators. New topics include Supreme Court decisions on internet harassment and the streaming company Aereo, the FCC’s efforts to reclassify broadband providers as telecommunication services, court cases dealing publicity rights for celebrity athletes in video games, and the recent presidential executive order regarding new government information sources. |
| clear present danger test: Encyclopedia of Criminal Justice Ethics Bruce A. Arrigo, 2014-07-17 Federal, state, county, and municipal police forces all have their own codes of conduct, yet the ethics of being a police officer remain perplexing and are often difficult to apply in dynamic situations. The police misconduct statistics are staggering and indicate that excessive use of force comprises almost a quarter of misconduct cases, with sexual harassment, fraud/theft, and false arrest being the next most prevalent factors. The ethical issues and dilemmas in criminal justice also reach deep into the legal professions, the structure and administration of justice in society, and the personal characteristics of those in the criminal justice professions. The Encyclopedia of Criminal Justice Ethics includes A to Z entries by experts in the field that explore the scope of ethical decision making and behaviors within the spheres of criminal justice systems, including policing, corrections, courts, forensic science, and policy analysis and research. This two-volume set is available in both print and electronic formats. Features: Entries are authored and signed by experts in the field and conclude with references and further readings, as well as cross references to related entries that guide readers to the next steps in their research journeys. A Reader′s Guide groups related entries by broad topic areas and themes, making it easy for readers to quickly identify related entries. A Chronology highlights the development of the field and places material into historical context; a Glossary defines key terms from the fields of law and ethics; and a Resource Guide provides lists of classic books, academic journals, websites and associations focused on criminal justice ethics. Reports and statistics from such sources as the FBI, the United Nations, and the International Criminal Court are included in an appendix. In the electronic version, the Reader′s Guide, index, and cross references combine to provide effective search-and-browse capabilities. The Encyclopedia of Criminal Justice Ethics provides a general, non-technical yet comprehensive resource for students who wish to understand the complexities of criminal justice ethics. Key Themes: History of Criminal Justice Ethics General Criminal Justice Ethics Police Ethics Legal Ethics Correctional Ethics Criminal Justice Cases and Controversies Technology, Crime, and Ethics Ethics and Critical Criminology |
| clear present danger test: Privacy and the Constitution Madeleine Mercedes Plasencia, 1999 First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company. |
| clear present danger test: American Government Cal Jillson, 2020-12-14 American Government: Constitutional Democracy Under Pressure highlights the necessary tension between our constitutional principles and institutions and the populist heat that sometimes roils our national politics, especially at the current political moment. Our constitutional democracy has been under pressure for some time, but few would deny that fears for its fate have deepened in just the past few years. We assume that our political institutions will limit and contain contemporary populism, just as the Founders intended and as they have in the past, but will they? An increasingly polarized electorate, urging their representatives to fight and never to compromise, may be stressing Constitutional limits. This new edition offers to help American government teachers lead their students to a nuanced theoretical and practical understanding of what is happening in the politics of their Constitutional democracy today. New to the Second Edition Further develops and highlights the distinguishing theme of the book, Constitutional Democracy Under Pressure, in light of Trump Administration events over the last two years. Expands coverage of all media aspects including fake news, social media, responsible journalism, and related topics including foreign manipulation of the news. Includes the most recent election results. Addresses issues specific to the Trump Administration including unique coverage of the 25th Amendment, cabinet instability, election interferences, executive power and unitary action, and impact on the courts. Updates in all tables, figures, suggested readings plus photo updates throughout. |
| clear present danger test: Constitutional Law for the Criminal Justice Professional Carl J. Franklin, 1999-03-16 Written in a simple, straightforward manner, this book will help today's criminal justice student better understand con law issues as well as the complicated development of constitutional rights and law. In its simple, easy to understand format, this book is a must for both current criminal justice professionals and students studying to enter the p |
| clear present danger test: Bioterrorism: The History of a Crisis in American Society David McBride, 2020-12-17 Originally published in 2003 and now reissued with a new introduction, this collection provides an invaluable, academic resource on the challenges bioterrorism posed for American society and institutions. Critically selected essays from a wide range of disciplines document and analyze the problems and implications for political, economic, and legal institutions, as well as the challenges a weapon of disease and fear can impose on public health and public policy. By placing bioterrorism into its historical context, this collection also traces the academic research and historical decisions that have contributed to the formation of American policies attempting to cope with a potentially catastrophic attack on the population in general and urban population in particular. |
| clear present danger test: Untangling the Web of Hate Brett A. Barnett, 2007 The Internet has provided hate groups with a relatively easy and cost-effective way to make their rhetoric of hatred available to an audience of millions. Realizing the Internet's communication potential, hate groups have posted an increasing number of online hate sites, websites containing content that disparages a particular class of people. As the number of Internet hate sites has increased, the U.S. government has been called upon to ban these controversial websites. This comprehensive study explores whether there is a First Amendment basis for regulating U.S.-based hate sites. It identifies the various First Amendment tests developed by the federal courts for assessing the constitutionality of both non-mass-mediated hateful speech and Internet content, then examines a sample of U.S.-based hate sites to ascertain whether they contain constitutionally proscribable content under those standards. The study is unique in that it examines websites maintained by several different kinds of U.S.-based hate groups: Ku Klux Klan, neo-Nazi, racist Skinhead, Christian Identity, Black separatist, neo-Confederate, White conservative, and pro-Jewish. Untangling the Web of Hate: Are Online Hate Sites Deserving of First Amendment Protection? is a valuable resource for anyone seeking to learn more about the content and constitutionality of Internet hate sites. |
| clear present danger test: Media Today Joseph Turow, 2011-09-22 Media Todayputs students at the center of the profound changes in the twenty-first century media world - from digital convergence to media ownership - and gives them the skills to think critically about what these changes mean for the role of media in their lives. Media Today, Fourth Edition is built around four key concepts: A media systems approach allows students to understand the interconnected cultural, political, and economic forces that shape media they encounter every day. Unique insights into media trendsgive students an insider's perspective on how media industries are responding to changes from globalization to social networking. Focus on digital convergence shows in each chapter how digital media is transforming traditional mass media such as newspapers, magazines, and television. A media literacy goalencourages and builds critical skills to make students more informed and engaged citizens in our media-driven society. Completely revised with updated examples, new case studies, and new online video resources, the 4th edition of Media Today connects the latest trends, debates, and technologies to the history of media, highlighting the impact and meaning of today's changes to the media landscape, especially how traditional industries have blurred together with digital convergence. Additional learning resources including a new set of online video resources, interactive quizzes, study resources, and instructor guides are available on the free companion website at: www.routledge.com/textbooks/mediatoday4e. |
| clear present danger test: Constitutional Law for a Changing America Lee Epstein, Thomas G. Walker, 2018-07-26 Capturing the authors’ excitement for constitutional law, this updated Tenth Edition of Constitutional Law for a Changing America shows students how judicial decisions are influenced by political factors—from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. Authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2017 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the United States with other nations, and Aftermath boxes that tell the stories of the parties′ lives after the Supreme Court has acted—the text helps students develop a thorough understanding of the way the U.S. Constitution protects civil rights and liberties. Bundle with the Resource Center for FREE! Take your constitutional law class beyond the book with Epstein and Walker’s newly redesigned Resource Center, featuring more than 500 excerpted, supplemental cases referenced in the commentary of the Constitutional Law for a Changing America volumes. The Resource Center offers a place for students to study core content with online quizzes and explore court cases. Instructors can find teaching materials, including hypothetical cases paired with discussion questions and writing assignments, moot-court simulations, test banks, and more. Ensure FREE access—use bundle ISBN: 978-1-5443-5051-6. |
| clear present danger test: Free Speech and Turbulent Freedom Michael J. Glennon, 2024 America's marketplace of ideas is threatened by social media platforms and a government security apparatus that have joined together to suppress the free exchange of ideas. In Free Speech and Turbulent Freedom, Michael J. Glennon offers an incisive defense of free speech in the digital public square. Drawing on the intellectual journey of Supreme Court Justice Oliver Wendell Holmes Jr., who shaped the modern First Amendment, Glennon argues that a lively and robust marketplace of ideas is the surest guarantor of social stability. Crisply written and lucidly argued, this timely book calls on the courts to protect the speech interests not merely of the government and Big Tech, but of all participants in the marketplace of ideas. |
| clear present danger test: Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment Brad Snyder, 2022-08-23 The definitive biography of Felix Frankfurter, Supreme Court justice and champion of twentieth-century American liberal democracy. The conventional wisdom about Felix Frankfurter—Harvard law professor and Supreme Court justice—is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court’s principal villain. And yet none of these characterizations rings true. A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint—he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service. Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter’s impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education. In this sweeping narrative, Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt’s most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment. |
| clear present danger test: The Law of Public Communication William E. Lee, Daxton R. Stewart, Jonathan Peters, 2019-07-06 Updated to reflect new developments through 2019, the tenth edition of The Law of Public Communication provides an overview of communication and media law that includes the most current legal developments. It explains the laws affecting the daily work of writers, broadcasters, PR practitioners, photographers, and other public communicators. By providing statutes and cases in an accessible manner, even to students studying law for the first time, the authors ensure that students will acquire a firm grasp of the legal issues affecting the media. This new edition features color photos, as well as breakout boxes that apply the book’s principles to daily life. The new case studies discussed often reflect new technologies and professional practices, including hot topics such as cyber bullying, drones, government surveillance, campaign financing, advertising, and digital libel. The Law of Public Communication is an ideal core textbook for undergraduate and graduate courses in communication law and mass media law. A downloadable test bank is available for instructors at www.routledge.com/9780367353094. |
| clear present danger test: Freedom of Speech and Incitement against Democracy David Kretzmer, Francine Kershman Hazan, 2021-08-04 Whilst the protection of political speech is essential to the preservation of a democratic legal order, events of political violence and assassinations highlight the need to rethink questions relating to the boundaries of free speech in a democratic society. To what extent should democratic countries committed to freedom of speech limit those forms of extreme speech that may be considered as incitements to violence? This is a question that has long divided academics and activists alike. It has become even more relevant today, with the recent rise of extreme right-wing parties in various European democracies. In this book, leading scholars of constitutional law, human rights and criminal law, from various countries with divergent philosophies on freedom of speech, address the question of whether we can, and should, regulate speech in order to protect democracy and, if so, how. |
| clear present danger test: Justice and the Media Matthew D. Bunker, 2013-10-16 USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First Amendment right of free speech is a fragile one. Its fragility is found no less in legal opinions than in other, less specialized forms of public discourse. Both its fragility and its sometimes surprising resiliency are reflected in this book. It provides an examination of how the U.S. Supreme Court has dealt with the problem of restrictions on media coverage of the criminal justice system, as well as how lower courts have interpreted the law created by the Supreme Court. The author explores the degree to which the Court has created a coherent body of law that protects free expression values while permitting reasonable government regulation, and examines the Supreme Court's jurisprudence concerning prior restraints, post-publication sanctions on the press, and their right of access to criminal proceedings. This is a study of the evolution of constitutional doctrine -- particularly when transported from the rarefied air of the Supreme Court to lower court judges who may not share the values of the jurists above them in the judicial hierarchy. The book's greatest strength lies in its thorough analysis and critique of how judges apply First Amendment doctrine to the complex problem of providing for both a free press and fair trials. Much of the available literature on this topic focuses on legal doctrine, but with attention to the legal rules that emerge from the courts, rather than examining and critiquing the judicial techniques that produce those rules. Moreover, although a significant body of scholarship has explored Supreme Court doctrine, this work is one of the few that trace the influence of those doctrines through lower federal court decisions. The hope is to produce a reasonably accurate -- if partial -- picture of how intermediate appellate and trial courts use U.S. Supreme Court doctrine to decide First Amendment cases. Note: This book is necessarily influenced by the 'round-the-clock' press coverage of the recent O.J. Simpson trial. Although the Simpson case did not make new law, the trial and its outcome seem to be -- at this writing -- an inescapable part of how many people think about these issues. The simple truth, however, is that the Simpson case was an anomaly that has little relation to the everyday concerns of media coverage of the criminal justice system. While the venerable parade of horribles can be an effective strategy for the legal advocate, it is not always the ideal way to address larger concerns, particularly when fundamental rights are at stake. |
| clear present danger test: Justice Oliver Wendell Holmes G. Edward White, 1995-11-16 By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for The Autocrat of the Breakfast Table), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that judges make the law--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the soft literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as serious and fascinating, and The Los Angeles Times noted that White has gone beyond the labels and given us the man. In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself. |
| clear present danger test: The Cost-Benefit Revolution Cass R. Sunstein, 2019-09-24 Why policies should be based on careful consideration of their costs and benefits rather than on intuition, popular opinion, interest groups, and anecdotes. Opinions on government policies vary widely. Some people feel passionately about the child obesity epidemic and support government regulation of sugary drinks. Others argue that people should be able to eat and drink whatever they like. Some people are alarmed about climate change and favor aggressive government intervention. Others don't feel the need for any sort of climate regulation. In The Cost-Benefit Revolution, Cass Sunstein argues our major disagreements really involve facts, not values. It follows that government policy should not be based on public opinion, intuitions, or pressure from interest groups, but on numbers—meaning careful consideration of costs and benefits. Will a policy save one life, or one thousand lives? Will it impose costs on consumers, and if so, will the costs be high or negligible? Will it hurt workers and small businesses, and, if so, precisely how much? As the Obama administration's “regulatory czar,” Sunstein knows his subject in both theory and practice. Drawing on behavioral economics and his well-known emphasis on “nudging,” he celebrates the cost-benefit revolution in policy making, tracing its defining moments in the Reagan, Clinton, and Obama administrations (and pondering its uncertain future in the Trump administration). He acknowledges that public officials often lack information about costs and benefits, and outlines state-of-the-art techniques for acquiring that information. Policies should make people's lives better. Quantitative cost-benefit analysis, Sunstein argues, is the best available method for making this happen—even if, in the future, new measures of human well-being, also explored in this book, may be better still. |
| clear present danger test: The Supreme Court Paul Finkelman, 2014-01-15 An insightful, chronological—by chief justice—examination of the Supreme Court that enables students and readers to understand and appreciate the constitutional role the Court plays in American government and society. American citizens need to understand the importance of the Supreme Court in determining how our government and society operates, regardless of whether or not they agree with the Court's opinions. Unfortunately, the role and powers of the third branch of government are not well understood by the American public. After an introduction and overview to the history of the Supreme Court from 1789 to 2013, this book examines the Court's decisions chronologically by Chief Justice, allowing readers to grasp how the role and powers of the Court have developed and shifted over time. The chapters depict the Court as the essential agent of review and an integrated part of the government, regardless of the majority/minority balance on the Court, and of which political party is in the White House or controlling the House or Senate. |
| clear present danger test: Encyclopedia of American Civil Rights and Liberties Kara E. Stooksbury, John M. Scheb II, Otis H. Stephens Jr., 2017-09-21 Thoroughly updated and featuring 75 new entries, this monumental four-volume work illuminates past and present events associated with civil rights and civil liberties in the United States. This revised and expanded four-volume encyclopedia is unequaled for both the depth and breadth of its coverage. Some 650 entries address the full range of civil rights and liberties in America from the Colonial Era to the present. In addition to many updates of material from the first edition, the work offers 75 new entries about recent issues and events; among them, dozens of topics that are the subject of close scrutiny and heated debate in America today. There is coverage of controversial issues such as voter ID laws, the use of drones, transgender issues, immigration, human rights, and government surveillance. There is also expanded coverage of women's rights, gay rights/gay marriage, and Native American rights. Entries are enhanced by 42 primary documents that have shaped modern understanding of the extent and limitations of civil liberties in the United States, including landmark statutes, speeches, essays, court decisions, and founding documents of influential civil rights organizations. Designed as an up-to-date reference for students, scholars, and others interested in the expansive array of topics covered, the work will broaden readers' understanding of—and appreciation for—the people and events that secured civil rights guarantees and concepts in this country. At the same time, it will help readers better grasp the reasoning behind and ramifications of 21st-century developments like changing applications of Miranda Rights and government access to private Internet data. Maintaining an impartial stance throughout, the entries objectively explain the varied perspectives on these hot-button issues, allowing readers to draw their own conclusions. |
| clear present danger test: Freedom of Expression in the Marketplace of Ideas Douglas M. Fraleigh, Joseph S. Tuman, 2010-05-19 A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the Marketplace of Ideas metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in big picture issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions |
| clear present danger test: Encyclopedia of American Journalism Stephen L. Vaughn, 2007-12-11 The Encyclopedia of American Journalism explores the distinctions found in print media, radio, television, and the internet. This work seeks to document the role of these different forms of journalism in the formation of America's understanding and reaction to political campaigns, war, peace, protest, slavery, consumer rights, civil rights, immigration, unionism, feminism, environmentalism, globalization, and more. This work also explores the intersections between journalism and other phenomena in American Society, such as law, crime, business, and consumption. The evolution of journalism's ethical standards is discussed, as well as the important libel and defamation trials that have influenced journalistic practice, its legal protection, and legal responsibilities. Topics covered include: Associations and Organizations; Historical Overview and Practice; Individuals; Journalism in American History; Laws, Acts, and Legislation; Print, Broadcast, Newsgroups, and Corporations; Technologies. |
| clear present danger test: Free Speech and Its Relation to Self-Government Alexander Meiklejohn, 2000 Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne. --JOHN P. FRANK, Texas Law Review 27:405-412. ALEXANDER MEIKLEJOHN [1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin- Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963. |
| clear present danger test: The Constitutionalist George Anastaplo, 2005-01-01 In this new edition of the acclaimed 1971 original, George Anastaplo provides us with a detailed legal, historical, and dialectical analysis of the First Amendment with special attention to the reasoning of the Founding Fathers. Heralded as a groundbreaking work on freedom of expression and constitutional rights, The Constitutionalist challenges the reader to truly understand through a legal and philosophical viewpoint the roles of freedom of speech and freedom of the press in our society, or any society. Supplementing the original text are thorough appendices, including an in-depth record of Anastaplo's own remarkable bar admission case, and extensive notes exploring a range of topics from important political events to the nature of American institutions, as well as a wealth of discriminating references and commentary pulling from anthropology, sociology, psychology, and literature. This book is essential and engrossing reading for law students, legal scholars, and anyone interested in the development and application of free speech and the First Amendment. |
| clear present danger test: The Free Speech Century Lee C. Bollinger, Geoffrey R. Stone, 2019 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. |
| clear present danger test: Keeping the Republic: Power and Citizenship in American Politics, 6th Edition The Essentials Christine Barbour, Gerald C. Wright, 2013-01-15 Every section and every feature in the book has one goal in mind: to get students to think critically and be skeptical of received wisdom. Serving as a true aid to teachers, each chapter is designed to build students' analytical abilities. By introducing them to the seminal work in the field and showing them how to employ the themes of power and citizenship, this proven text builds confidence in students who want to take an active part in their communities and governmentuto play their part in keeping the republic, and to consider the consequences of that engagement. |
| clear present danger test: A Practical Companion to the Constitution Jethro K. Lieberman, 2023-07-28 This is the most comprehensive and readable one-volume reference book in print, accessible to lay readers and specialists alike, on the meaning of the American Constitution as the Supreme Court has interpreted it. It is an indispensable tool for students and lay persons who want to understand today's constitutional controversies and their background in our history. It is equally useful to lawyers and other specialists who seek quick reviews of constitutional issues with immediate reference to cases for further research. Unlike conventional treatises that discuss the Constitution clause by clause or under a few broad concepts, this book uniquely treats every aspect of the Constitution and every constitutional topic in alphabetical order, in more than 1,000 short essays. It is extensively cross-referenced and exhaustively indexed, so that even a reader with only a minimal notion of the Constitution or constitutional law can quickly find clear answers to questions about pressing issues of the day. Among the other unique features: a set of introductory essays on the background of the Constitution and the many difficulties of interpreting it; a concordance to each word and phrase in the Constitution; a year-by-year chronology of justices who have served on the Supreme Court; and a table of the more than 2,650 Supreme Court cases from 1792 to the present referred to in the book, listing the vote, the author of the majority opinion, the concurring and dissenting justices, and the length of the opinions. This is the most comprehensive and readable one-volume reference book in print, accessible to lay readers and specialists alike, on the meaning of the American Constitution as the Supreme Court has interpreted it. It is an indispensable tool for students |
| clear present danger test: Analyzing American Democracy Jon R. Bond, Kevin B. Smith, 2013-05-29 Analyzing American Democracy teaches students to think analytically by presenting current political science theories and research in answering the engaging, big questions facing American politics today. It serves as both an introduction to American politics and to the discipline of political science by reflecting the theoretical developments and empirical inquiry conducted by researchers. Every chapter highlights the most current research and discusses related public policy. It demonstrates for students how to think critically and analytically, bringing theoretical insight to contemporary American politics. More than just a comprehensive overview and description of how American politics works, Jon Bond and Kevin Smith demonstrate how politics can be studied systematically. Throughout the text, they introduce students to the insights gleaned from rational choice, behavioral, and biological approaches to politics. Understanding these three social scientific models and their applications helps students get the most out of their American government course and out of this text--they learn a way of thinking that they can use to make sense of future challenges facing the American polity. A number of features help aid comprehension and critical thinking: Key Questions at the start of every chapter frame the learning objectives and concepts Politics in Practice boxes in every chapter encourage students to think critically about how practice compares with theory Tables, Figures, Charts, and Maps throughout present the empirical details of American politics, helping students gain quantitative literacy Top Ten Takeaway Points at the end of every chapter recap the most important points covered but also help students discern the general principles that make sense of the numerous factual details Key Terms are bolded in the text, defined in the margins, recapped at the end of the chapter, and compiled in a glossary, all to help insure that students can effortlessly master the vocabulary of American politics and political science in order to move on to the more important concepts. |
| clear present danger test: Civil Peace and the Quest for Truth Murray Dry, 2004-01-01 Dry examines the U.S. Supreme Court's treatment of the First Amendment freedoms of religion and speech against the founding of the American Constitution and its philosophical underpinnings. |
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