Freedom of Speech: The Supreme Court and Judicial Review

Freedom of Speech: The Supreme Court and Judicial Review PDF

Author: Martin Shapiro

Publisher: Quid Pro Books

Published: 2011-02-11

Total Pages: 243

ISBN-13: 1458196860

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One of the great continuing disputes of U.S. politics is about the role of the Supreme Court. Another is about the First Amendment. This book is about both. A classic defense of the openly political role of the Court, this book belies the notion reasserted recently by Chief Justice Roberts that judges are just neutral umpires. Especially in the area of speech, judges make policy; they create law.

Free Speech in Its Forgotten Years, 1870-1920

Free Speech in Its Forgotten Years, 1870-1920 PDF

Author: David M. Rabban

Publisher: Cambridge University Press

Published: 1997

Total Pages: 426

ISBN-13: 9780521655378

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Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.

Judging Free Speech

Judging Free Speech PDF

Author: H. Knowles

Publisher: Springer

Published: 2016-04-08

Total Pages: 288

ISBN-13: 1137412623

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Judging Free Speech contains nine original essays by political scientists and law professors, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice.

Freedom of Expression in the Supreme Court

Freedom of Expression in the Supreme Court PDF

Author: Terry Eastland

Publisher: Rowman & Littlefield

Published: 2000

Total Pages: 438

ISBN-13: 9780847697113

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In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.

Free Speech As Civic Structure

Free Speech As Civic Structure PDF

Author: Ronald J. Krotoszynski, Jr.

Publisher: Oxford University Press

Published: 2024

Total Pages: 329

ISBN-13: 0197662196

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This book examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular national legal system. The author argues that, across jurisdictions, text or its absence will serve merely as a starting point for judicial efforts to protect speech activity.

Judicial Activism

Judicial Activism PDF

Author: Christopher Wolfe

Publisher: Rowman & Littlefield

Published: 1997

Total Pages: 168

ISBN-13: 9780847685318

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In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University

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