Free Speech in the Balance
Autor Alexander Tsesisen Limba Engleză Hardback – 11 noi 2020
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Specificații
ISBN-13: 9781108424004
ISBN-10: 1108424007
Pagini: 225
Dimensiuni: 160 x 240 x 20 mm
Greutate: 0.51 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
ISBN-10: 1108424007
Pagini: 225
Dimensiuni: 160 x 240 x 20 mm
Greutate: 0.51 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
Cuprins
Part I. Theory: 1. Formalism and Categorical Doctrine; 2. Dominant Academic Approaches to Free Speech: Strengths and Shortcomings; 3. Free Speech and Proportionality; 4. Civic Community and Social Context; Part II. Application: 5. US formalism and EU proportionality alternative; 6. Offense, Incitement, True Threats, and Hate Speech; 7. Terrorist Incitement on the Internet; 8. First Amendment on Campus; 9. High Schooler Speech in the Age of the Internet; 10. On the Campaign Trail: Money and Politics; Conclusion; References; Index.
Recenzii
'Meiklejohn, Kalven, Fiss, Schauer, Post - and now Tsesis. This path-breaking study combines high theoretical inquiry with careful doctrinal problem-solving and rich comparative analysis to advance a new contextual approach for the most intricate questions of free speech confronting American judges today. The result is a 21st-century theory offering rules of reasoning fit for a contemporary representative democracy.' Richard Albert, William Stamps Farish Professor in Law and Professor of Government, The University of Texas at Austin
'A powerful attack on American free speech absolutism in favor of European proportionality. Professor Alexander Tsesis reminds us that free speech controversies do not exist in sealed First Amendment containers, but require nuanced understandings of their broader contexts and the values that undergird the entire Constitution.' Mark Graber, University System of Maryland Regents Professor, University of Maryland Francis King Carey School of Law
'Tsesis has written an important book whose central thesis can be summarized by one of his own sentences: 'Context matters.' He attacks so-called 'categorical' approaches to freedom of speech, adopted by the ACLU and the current conservative majority of the Supreme Court alike, that tend to ignore the concrete realities of the cases before them. One need not agree with all of his arguments in order to recognize them as a valuable intervention in a significant public debate about when, if at all, the 'market' of speech should be subject to regulation.' Sanford Levinson, University of Texas Law School, and co-author, with Cynthia Levinson, of Fault Lines in the Constitution
'A powerful attack on American free speech absolutism in favor of European proportionality. Professor Alexander Tsesis reminds us that free speech controversies do not exist in sealed First Amendment containers, but require nuanced understandings of their broader contexts and the values that undergird the entire Constitution.' Mark Graber, University System of Maryland Regents Professor, University of Maryland Francis King Carey School of Law
'Tsesis has written an important book whose central thesis can be summarized by one of his own sentences: 'Context matters.' He attacks so-called 'categorical' approaches to freedom of speech, adopted by the ACLU and the current conservative majority of the Supreme Court alike, that tend to ignore the concrete realities of the cases before them. One need not agree with all of his arguments in order to recognize them as a valuable intervention in a significant public debate about when, if at all, the 'market' of speech should be subject to regulation.' Sanford Levinson, University of Texas Law School, and co-author, with Cynthia Levinson, of Fault Lines in the Constitution
Notă biografică
Descriere
A comprehensive study of proportional analysis in free speech theory, this book challenges US Supreme Court's categorical approach and helps readers understand the breadth of concerns arising from regulations impacting expression.