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This edited collection addresses a number of free speech vs security concerns that are engaged by counter-terrorism law and policy makers across a number of liberal democracies, and explores the delicate balance between free speech and the censoring of views that promote hatred or clash with fundamental democratic values. It does this by looking at the perspectives and level of disagreement between those who consider today’s counter-terrorism and extremism strategies to be a soft and liberal approach, and those who believe these strategies disproportionately impact freedom of expression and association and non-violent political dissent. The contributors include academics, practicing lawyer...
In this annual review from the Cato Institute, leading legal scholars analyze the 2021-2022 Supreme Court term, specifically the most important and far-reaching cases of the year, plus cases coming up. Now in its 21st edition, the Cato Supreme Court Review is the first scholarly journal to appear after the term's end and the only one grounded in the nation's first principles, liberty, and limited government. Topics in the 2021-2022 edition include: vaccine mandates (National Federation of Independent Business v. OSHA and Biden v. Missouri), guns (New York State Rifle Association v. Bruen), drugs (Ruan v. United States), free speech (Austin v. Reagan National Advertising), abortion (Dobbs v. Jackson Women’s Health Organization), school choice (Carson v. Makin), state secrets (United States v. Zubaydah and FBI v. Fazaga), and much more.
This book examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular national legal system. The author argues that, across jurisdictions, text or its absence will serve merely as a starting point for judicial efforts to protect speech activity.
Known as the “swing justice,” Justice Anthony M. Kennedy provided the key vote determining which way the Supreme Court would decide on some of the most controversial cases in US history. Though criticized for his unpredictable rulings, Kennedy also gained a reputation for his opinion writing and, more so, for his legal rhetoric. This book examines Justice Kennedy’s legacy through the lenses of rhetoric, linguistics, and constitutional law. Essays analyze Kennedy’s opinion writing in landmark cases such as Romer v. Evans, Obergefell v. Hodges, and Planned Parenthood v. Casey. Using the Justice’s rhetoric as an entry point into his legal philosophy, this volume reveals Kennedy as a j...
The Harvard Law Review, June 2015, is offered in a digital edition. Contents include: • Article, “Active Avoidance: The Modern Supreme Court and Legal Change,” by Neal Kumar Katyal and Thomas P. Schmidt • Article, “The Invention of Low-Value Speech,” by Genevieve Lakier • Book Review, “Crown and Constitution,” by Tara Helfman • Note, “Causation in Environmental Law: Lessons from Toxic Torts” In addition, the issue features extensive student commentary on Recent Cases and policy positions, including such subjects as: corporate board of directors' duties in mergers under the Revlon doctrine; the propriety of a Delaware corporation's bylaws designating a non-Delaware exc...
The internet has reshaped the media landscape and the social institutions built upon it. Competition from online media sources has decimated local journalism and diminished the twentieth century's established journalistic gatekeepers. Social media puts individual users front and center in the creation of the content that they consume. Harmful speech can spread further and faster, and the institutions responsible for policing that speech-Facebook, TikTok, YouTube and the like-lack any clear twentieth-century analog. The law is still working to catch up to the world these changes have wrought. This volume gathers sixteen scholars in law, media, technology, and history to consider these changes. Chapters explore the breakdown of trust in the media, changes in the law of defamation and privacy, challenges of online content moderation, and financial viability for journalistic enterprises in the internet age. This title is also available as Open Access on Cambridge Core.
This collection of thirteen new essays is the first to examine, from a range of disciplinary perspectives, how the new technologies and global reach of the Internet are changing the theory and practice of free speech.
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