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The Government's Speech and the Constitution: Cambridge Studies on Civil Rights and Civil Liberties

Autor Helen Norton
en Limba Engleză Paperback – apr 2020
When we discuss constitutional law, we usually focus on the constitutional rules that apply to what the government does. Far less clear are the constitutional rules that apply to what the government says. When does the speech of this unusually powerful speaker violate our constitutional rights and liberties? More specifically, when does the government's expression threaten liberty or equality? And under what circumstances does the Constitution prohibit our government from lying to us? In The Government's Speech and the Constitution, Professor Helen Norton investigates the variety and abundance of the government's speech, from early proclamations and simple pamphlets, to the electronic media of radio and television, and ultimately to today's digital age. This enables us to understand how the government's speech has changed the world for better and for worse, and why the government's speech deserves our attention, and at times our concern.
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Specificații

ISBN-13: 9781108405621
ISBN-10: 1108405622
Pagini: 251
Dimensiuni: 151 x 228 x 13 mm
Greutate: 0.34 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Cambridge Studies on Civil Rights and Civil Liberties

Locul publicării:New York, United States

Cuprins

1. Determining whether and when the government is speaking (and why that matters); 2. The government's speech and religion; 3. The government's speech and equality; 4. The government's speech and due process; 5. The government's speech, free speech, and a free press; 6. The government's speech and political contests; 7. Responding to the government's destructive speech; Conclusion; Index.

Recenzii

'In The Government's Speech and the Constitution, Helen Norton offers the most comprehensive, thoughtful, and insightful analysis of the constitutionality of government speech ever written. This expansive conception of government speech has been largely unexplored in our scholarly literature, and Norton unpacks these complex issues in an exceptionally original and illuminating manner.' Geoffrey R. Stone, University of Chicago
'A thoughtful, nuanced, and accessible book on a complex and important topic. Norton takes her readers on a rich and rewarding tour of the forms that government speech can take, of the often murky and contested line between government speech and private speech, and of the wide range of constitutional doctrines that shape the legal parameters of government speech.' Heidi Kitrosser, University of Minnesota
'The multiple faces of speech by modern government, and its relationship to the United States Constitution is analyzed by Helen Norton in wonderfully nuanced, panoptic, accessible, and thought-provoking detail. Government control over its speech can become power over ours. What it does with that power thus matters to our constitutional integrity, and Norton very convincingly shows us why. Indeed, no contemporary free speech scholar does so more powerfully, or in a more fair-minded manner.' Toni M. Massaro, University of Arizona
'A magnificent account of the constitutional questions raised by ordinary government speech.' Mark Graber, Balkinization
'A fine book that demonstrates the multiple ways that government officials can violate the Bill of Rights and the Fourteenth Amendment through their speech.' Jack Balkin, Balkinization
'A marvelous book. Norton expertly guides the reader through what she calls 'first-stage' government speech problems, which involve the question of whether it is the government or some private actor who is speaking, and 'second-stage' problems, which involve the question of whether some instance of government speech is constitutionally permissible.' Josh Chafetz, Balkinization
'[T]his book [i]s the required resource on this increasingly important domain of First Amendment theory and doctrine.' Fred Schauer, Balkinization
'This is an enormous contribution to our understanding of an often mysterious topic, and the discussion she has sparked will undoubtedly continue.' Sonja West, Balkinization

Notă biografică


Descriere

Identifies and explains the constitutional problems triggered by the government's speech, and proposes a new framework for thinking about them.