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Privacy Revisited
Rapid technological change, the advent of Big Data, and the creation of society-wide government surveillance programs have transformed the accessibility of highly personal information; these developments have highlighted the ambiguous treatment of privacy and personal intimacy. National legal systems vouchsafe and define "privacy," and its first cousin "dignity," in different ways that reflect local legal and cultural values. Yet, in an increasingly globalized world, purely local protection of privacy interests may prove insufficient to safeguard effectively fundamental autonomy interests - interests that lie at the core of self-definition, personal autonomy, and freedom. Privacy Revisited a...
Disinformation, Misinformation, and Democracy
In today's digital age, the spread of dis- and misinformation across traditional and social media poses a significant threat to democracy. Yet repressing political speech in the name of truth can also undermine democratic values. This volume brings together prominent legal scholars from democracies worldwide to explore and evaluate different regulatory approaches for addressing this complex problem - all taking into account that the cure must not be worse than the disease. Using a comparative lens, the book offers important and novel insights into methods ranging from national regulation of politicians' speech to empowering civil-society groups that are well-positioned to blunt the effects of disinformation and misinformation. The book also provides solutions-oriented recommendations for policymakers, judges, legal practitioners, and scholars seeking to promote democratic values by encouraging free political speech while combatting disinformation and misinformation. This title is also available as Open Access on Cambridge Core.
The Disappearing First Amendment
The standard account of the First Amendment presupposes that the Supreme Court has consistently expanded the scope of free speech rights over time. This account holds true in some areas, but not in others. In this illuminating work, Ronald J. Krotoszynski, Jr acknowledges that the contemporary Supreme Court rigorously enforces the rules against content and viewpoint discrimination for those who possess the wherewithal to speak but when citizens need the government's assistance to speak - for example, access to public property for protest - free speech rights have declined. Instead of using open-ended balancing tests, the Roberts and Rehnquist Courts have opted for bright line, categorical rules that minimize judicial discretion. Opportunities for democratic engagement could be enhanced, however, if the federal courts returned to the Warren Court's balancing approach and vested federal judges with discretionary authority to require government to assist would-be speakers. This book should be read by anyone concerned with free speech and its place in democratic self-government.
Reclaiming the Petition Clause
Since the 2004 presidential campaign, when the Bush presidential advance team prevented anyone who seemed unsympathetic to their candidate from attending his ostensibly public appearances, it has become commonplace for law enforcement officers and political event sponsors to classify ordinary expressions of dissent as security threats and to try to keep officeholders as far removed from possible protest as they can. Thus without formally limiting free speech the government places arbitrary restrictions on how, when, and where such speech may occur.
The First Amendment in Cross-Cultural Perspective
The First Amendment—and its guarantee of free speech for all Americans—has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby she...
The Disappearing First Amendment
Shows that while the Supreme Court enforces some First Amendment rights vigorously, it often fails to protect ordinary citizens' expressive freedoms.
Dissent, Injustice, and the Meanings of America
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag b...
Reclaiming the Petition Clause
Since the 2004 presidential campaign, when the Bush presidential advance team prevented anyone who seemed unsympathetic to their candidate from attending his ostensibly public appearances, it has become commonplace for law enforcement officers and political event sponsors to classify ordinary expressions of dissent as security threats and to try to keep officeholders as far removed from possible protest as they can. Thus without formally limiting free speech the government places arbitrary restrictions on how, when, and where such speech may occur.
The First Amendment
This book is about sex offenders. Whereas most books will focus on either sex crimes or sexual deviance, this book examines the entire etiology of sex crimes. This includes discussions of the nature of sex crimes, sexual deviance, and, maybe most importantly, the processing of sex offenders through the criminal justice system. This includes sex offender interactions with law enforcement, the courts, and corrections. Corrections for sex offenders encompasses a myriad of programs: prison, sex offender registration and notification, civil commitments, residence restrictions, and treatment. One unique aspect of this book is its focus on criminal justice system’s treatment of sex offenders, given scant if any coverage in other books. The book also emphasizes two of the most common sex crimes, rape and sex offenses against children, and addresses the impact of sex crimes on victims. In sum, this book offers a comprehensive approach to the study of sex offenders.
Voice of Justice
This book shows that securing attorney First Amendment rights protects the justice system by safeguarding client interests and checking government power.
