Randall P. Bezanson takes up an essential and timely inquiry into the Constitutional limits of the Supreme Court's power to create, interpret, and enforce one of the essential rights of American citizens. Analyzing contemporary Supreme Court decisions from the past fifteen years, Bezanson argues that judicial interpretations have fundamentally and drastically expanded the meaning and understanding of "speech." Bezanson focuses on judgments such as the much-discussed Citizens United case, which granted the full measure of constitutional protection to speech by corporations, and the Doe vs. Reed case in Washington state, which recognized the signing of petitions and voting in elections as acts of free speech. In each case study, he questions whether the meaning of speech has been expanded too far and critically assesses the Supreme Court's methodology in reaching and explaining its expansive conclusions.
Randall P. Bezanson explores the contradictions embedded in understanding press freedom in America by discussing nine of the most pivotal and provocative First Amendment cases in US judicial history. Each case resulted in a ruling that refined or reshaped judicial definition of the limits of press freedom. The cases concerned matters ranging from The New York Times's publication of the Pentagon Papers to Hugo Zacchini's claim that TV broadcasts of his human cannonball act threatened his livelihood. Bezanson also examines the case of politician blackballed by the Miami Herald; the Pittsburgh Press's argument that it had the right to use gender based column headings in its classifieds; and a crime victim suing the Des Moines Register over the paper's publication of intimate details, including the victim's name.
In tracking the evolution of the First Amendment's Free Exercise and Establishment Clause doctrine through Key Supreme Court decisions on religious freedom, legal scholar Randall P. Bezanson focuses on the court's shift from strict separation of church and state to a position where the government accommodates and even fosters religion. Beginning with samples from the latter half of the nineteenth century, the detailed case studies present new problems and revisit old ones as well: the purported belief of polygamy in the Mormon Church; state support for religious schools; the teaching of evolution and creationism in public schools; Amish claims for exemption from compulsory education laws; comparable claims for Native American religion in relation to drug laws; and rights of free speech and equal access by religious groups in colleges and public schools.
In Taxes on Knowledge in America, Randall P. Bezanson explores the extent to which the publication and distribution of current public information is effected by economic exactions. The book begins with a brief overview of the English history and experience with knowledge taxes, before turning to a discussion of knowledge taxes in America from colonial times to the present. In addition to covering traditional printed publications, Bezanson looks at recent developments in broadcast and cable telecommunications, devotes a chapter to the history of the postal system, and gleans insight from three benchmark Supreme Court decisions. Bezanson provocatively concludes that knowledge is common property and knowledge taxes should be measured by their impact on the diversity of ideas and availability of information throughout society.
When we talk about what "freedom of speech" means in America, the discussion almost always centers on freedom rather than speech. Taking for granted that speech is an unambiguous and stable category, we move to considering how much freedom speech should enjoy. But, as Randall Bezanson demonstrates in Speech Stories, speech is a much more complicated and dynamic notion than we often assume. In an age of rapidly accelerated changes in discourse combined with new technologies of communication, the boundaries and substance of what we traditionally deem speech are being reconfigured in novel and confusing ways. In order to spark thought, discussion, and debate about these complexities and ambiguities, Bezanson probes the "stories" behind seven controversial free speech cases decided by the Supreme Court. These stories touch upon the most controversial and significant of contemporary first amendment issues: government restrictions on hate speech and obscene and indecent speech; pornography and the subordination of women; the constitutionality of campaign finance reform; and the treatment to be accorded new technologies of communication under the Constitution. The result is a provocative engagement of the reader in thinking about the puzzles and paradoxes of our commitment to free expression.
In this project Randall Bezanson examines judicial interpretations of free speech by means of a broad range of Supreme Court cases, arguing that over the past 15 years the Court has engaged in a truly revolutionary expansion of the reach of the free speech guarantee. The cases include the much-discussed Citizens United decision which granted the full measure of constitutional protection to speech by corporations; the Doe v. Reed case from Washington State that recognized the acts of signing petitions and voting in elections as acts of free speech; the Summum decision holding that the decision to select a monument for a public park and to reject another based on the government's disagreement with the monument's message is an act of government speech immunized from challenge by the First Amendment; and the Hurley and Dale cases that recognized free speech claims for messages and meanings that arose "out of thin air": speech without an author (a parade); and an author without a message (the Boy Scouts). As in earlier books on freedom of the press and of religion, Bezanson aims to arm the reader with the capacity to reach her or his own decision about whether the Court's conduct befitted the independent judicial branch and the consequences of its decisions for a representative democracy"--Provided by publisher.
In tracking the evolution of the First Amendment's Free Exercise and Establishment Clause doctrine through Key Supreme Court decisions on religious freedom, legal scholar Randall P. Bezanson focuses on the court's shift from strict separation of church and state to a position where the government accommodates and even fosters religion. Beginning with samples from the latter half of the nineteenth century, the detailed case studies present new problems and revisit old ones as well: the purported belief of polygamy in the Mormon Church; state support for religious schools; the teaching of evolution and creationism in public schools; Amish claims for exemption from compulsory education laws; comparable claims for Native American religion in relation to drug laws; and rights of free speech and equal access by religious groups in colleges and public schools.
Randall P. Bezanson explores the contradictions embedded in understanding press freedom in America by discussing nine of the most pivotal and provocative First Amendment cases in US judicial history. Each case resulted in a ruling that refined or reshaped judicial definition of the limits of press freedom. The cases concerned matters ranging from The New York Times's publication of the Pentagon Papers to Hugo Zacchini's claim that TV broadcasts of his human cannonball act threatened his livelihood. Bezanson also examines the case of politician blackballed by the Miami Herald; the Pittsburgh Press's argument that it had the right to use gender based column headings in its classifieds; and a crime victim suing the Des Moines Register over the paper's publication of intimate details, including the victim's name.
In Taxes on Knowledge in America, Randall P. Bezanson explores the extent to which the publication and distribution of current public information is effected by economic exactions. The book begins with a brief overview of the English history and experience with knowledge taxes, before turning to a discussion of knowledge taxes in America from colonial times to the present. In addition to covering traditional printed publications, Bezanson looks at recent developments in broadcast and cable telecommunications, devotes a chapter to the history of the postal system, and gleans insight from three benchmark Supreme Court decisions. Bezanson provocatively concludes that knowledge is common property and knowledge taxes should be measured by their impact on the diversity of ideas and availability of information throughout society.
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