If an organizing symbol makes sense in First Amendment jurisprudence, it is not the image of a content-neutral government, argues Steven Shiffrin, nor is it a town-hall meeting or even a robust marketplace of ideas. If the First Amendment is to have an organizing symbol, let it be an Emersonian symbol: let it be the image of the dissenter. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America.
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.
Written by a historian who became a full-time defender of civil liberties and has spent four decades advocating for the rights of victims of censorship, this book grew out of Finan’s desire to address the declining support for free speech ...
"This is an extraordinarily well-written, original, and persuasive book that offers an eloquent plea for recognition of the multiple values of the religion clauses, emphasizes the civil values of public schools, and shows how religious ...
Even more telling , the Court explained that obscenity is beneath the protection of the First Amendment because it ... See generally Steven H. Shiffrin , The First Amendment , Democracy , and Romance ( Cambridge : Harvard University ...
In conjunction with the procedural view of democracy favored by free speech libertarians , Fishkin's polls could ... of Emerson and Whitman , see Steven Shiffrin , The First Amendment , Democracy , and Romance ( Cambridge , Mass .
L. Rev. 175 (1983), 321 Goldstein, R., Political Repression in Modern America (1978), 18 Graber, Old Wine in New Bottles: The Constitutional Status of Unconstitutional Speech, 48 Vand. L. Rev. 349 (1995), 259 Greenawalt, ...
On the " romantic " origins of discourses about legally protected speech , see Steven H. Shiffrin , The First Amendment : Democracy and Romance ( Ithaca , N.Y .: Cornell University Press , 1990 ) ; for a brief critique of the speech ...
Moreover, should the potential effects of Jones's proposed actions worldwide be a potential basis for legal action against him? Senior U.S. government officials have argued that Jones's proposed actions create a serious security risk ...
century.18 Contrarians counter that no such general theory is possible — that case law has made First Amendment doctrine ... 19 See , e.g. , Steven H. Shiffrin , The First Amendment , Democracy , And Romance ( 1990 ) ; Harry Kalven Jr ...