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Too Much Free Speech?
"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...
Art and Freedom of Speech
Art on trial: exploring the Supreme Court's rulings on free expression
How Free Can Religion Be?
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.
Speech Stories
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 ambigui...
Too Much Free Speech?
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.
Marriage Equality
The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.
Surrogate Motherhood
"... glimpses of intriguing changes in social arrangements and cultural understandings in relation to surrogacy. Disturbing motherhood indeed." -- New Scientist "Larry Gostin has put together the definitive collection of essays on one of the most perplexing and titillating topics in contemporary medical ethics. This book includes contributions from some of the leading scholars on the legal, ethical, and social aspects of surrogacy, as well as several critical perspectives on the famous Baby M case -- must reading for understanding the surrogate motherhood controversy." -- Robert M. Veatch "Highly recommended... " -- Choice "... a valuable resource for those concerned with an exceedingly diff...
In Chambers
Sharing their insights, anecdotes, and experiences in a clear, accessible style, the contributors provide readers with a rare glimpse into the inner workings of the Supreme Court.
Speech Rights in America
How and why the First Amendment fails to protect speech rights
When Government Speaks
Government's ever-increasing participation in communication processes, Mark Yudof argues, threatens key democratic values that the First Amendment was designed to protect. Government control over the exchange of ideas and information would be inconsistent with citizen autonomy, informed consent, and a balanced and mutually responsive relationship between citizens and their government. Yet the danger of government dominance must be weighed against the necessary role of government in furthering democratic values by proposing and promotion policies and by disseminating information and educating citizens. Restraints on government's ability to control communications processes are desirable, but excessive or inappropriate restrictions threaten democracy. Professor Yudof identifies a number of formal and informal checks on government as disseminator, withholder, and controller of ideas and information. Where more controls are needed, the strengthening of pluralism and legislative oversight is generally the answer. Constitutional redress in the courts should be sought only in extreme instances, he cautions, to avoid judicial interference with legitimate policy objectives.
