What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political reasons.
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 ...
Richard B. Bernstein, “e Sleeper Wakes: e History and Legacy of the Twenty- Seventh Amendment,” Fordham Law Review 61, no. 3 (1992): 542. 63. “Madison Amendment Surprises Lawmakers.” 64. Bill McAllister, “Across Two Centuries, ...
However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive.
When the Supreme Court rejected Clinton's contention that he could not be forced to defend against a civil lawsuit while in office, Clinton was ordered to submit to a sworn deposition in a civil suit brought by Paula Jones.
It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole.
... 1988; see also Daniel S. Levy, “Behind the Anti-War Protests That Swept America in 1968,” Time, January 19, 2018 (“While a March 1967 poll had shown that more than half of Americans supported the way Johnson was handling the war, ...
This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize ...
DIVAmerica's preeminent First Amendment lawyer speaks out on the most controversial free-speech issues of our time/div
... Brennan, William J., 43 Brettschneider, Corey, 113, 145n38, 150n56, 150n57,151n65, 151n68, 151n69 broadcast licenses, threats to revoke, 4 Brown v. Louisiana (1966), 152n47 Bush, George H. W., 114 Capital Gazette, 25 central meaning ...
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment.