Addressing a host of hot-button issues, Horwitz argues that rigidly doctrinal interpretation renders First Amendment law inept in the face of messy, real-world situations. Courts should let institutions with a stake in these freedoms do more work to enforce them. Self-regulation and public criticism should be the key restraints, not judicial fiat.
The book includes * An explanation of the origins of the First Amendment * A concise, chronological history of 50 legal cases, including many landmark decisions, involving the First Amendment in public schools * Answers to frequently asked ...
A legal history of the First Amendment examines how it pertains to the Internet and minors and discusses the legal ramifications of limiting access in libraries
Murphy, 872 F.2d 757, 761 (6th Cir. 1989), cert. denied, 493 U.S. 1091 (1990). 21. Henerey v. St. Charles, 200 F.3d 1128, 1136–1137 (Wolle, J., dissenting); Carey v. Population Servs. Int'l., 431 U.S. 678 (1977); Henerey, ...
"This book presents advice and guidance based on previous court cases and the experience of administrators and campus hearing officers who have dealt with difficult First Amendment issues and lived to tell about it" -- P. 2.
This rediscovery of First Amendment rights offers both an engaging constitutional history and insight into contemporary political dialogue and society.
After all, strong liberals like Brennan and Marshall dissented in Smith. Moreover, the decision has been widely criticized. As discussed in Chapter 9, shortly after the decision, Congress unanimously passed the Religious Freedom ...
Shows that while the Supreme Court enforces some First Amendment rights vigorously, it often fails to protect ordinary citizens' expressive freedoms.
Rankin v. McPherson (1987) A few years later, the Supreme Court determined in Rankin v. McPherson that a clerical employee in a Texas constable's office spoke on a matter of public concern when she told her boyfriend in a private ...
Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the ...
Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case ...