First Amendment Law (USA) Research Papers (original) (raw)

The early broadcast era and our current platform era bear some striking resemblances, but one parallel looms large: In the 1940s, we lost a key battle to build a potentially liberating and wondrous medium—and we are on the cusp of doing so again. Then as now, commercial operators defined the terms by which we could use our core communication and information infrastructures. While reaping tremendous profits from the public airwaves, a few corporate firms became the sole providers for much of the nation’s media.

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- American History, Political Economy, Communication, Political Economy of Communication
- by Susan Sarapin
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- Psychology, Public Opinion, Forensic Science, First Amendment Law (USA)

In the last month we have seen a black record store owner and father of four convicted of obscenity for selling a "2 Live Crew" cassette tape to an undercover police officer, while three members of the band itself were acquitted of obscenity charges stemming from a live performance of the same music. The obvious unfairness of these contradictory rulings should cause us to reconsider the idea of free expression and the problem of obscenity.

- by Nathan Goetting
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- Constitutional Law, First Amendment Law (USA)

This excerpt from Chapter 2 of "The First American Founder: Roger Williams and Freedom of Conscience" by Alan E. Johnson discusses the events leading up to and surrounding the trial and banishment of Roger Williams from the Colony of Massachusetts Bay in 1635-36. After spending that winter in the New England wilderness, succored only by his Native American friends, Williams went on to establish the new settlement of Providence (later in Rhode Island) based on liberty of conscience and separation of church and state.

- by Marvin Rowe
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- American Literature, Business, Marketing, Business Administration

Continental European law on hate speech may be read - against the historically strict hierarchical societies - as forms of levelling up of ‘dignity’ which was traditionally reserved to the upper classes. This democratisation of dignity which underlies European understanding of citizenry, recognises public insult and humiliation as tools for disempowerment and exclusion, and as inconsistent with legal and political equality. Yet, this construction of empowered citizenship enabled by the State inter alia through hate speech laws is at odds with the American view of empowered citizenry. There free speech jurisprudence is based on ‘liberty’ and deeply inscribed with settler mentality, one of self-reliance and self-rule and distrust of government, whether the old-world governments left behind, or the colonial administrations belatedly encountered in the new world. This paper argues that this binary opposition in the divergent treatment of hate speech hides non-binary preoccupations that reflect different primary fears which do not fall along the same ‘scale’. European liberal democracies fear the consequences of hate speech being left uncensored in the public domain (a WHAT concern), whilst America fears the consequences of content interventions by government (a WHO concern). Flowing from this, this paper proposes that the German Network Enforcement Law (NetzDG) of 2017 which requires major platforms to moderate content in response to user takedown notices based on German legally imposed speech standards delivers a compromise solution, a bridge, between American and European speech traditions. The mechanism which NetzDG adopts, namely public standards embedded in private processes, is arguably uniquely adept at simultaneously assuaging the primary European fear about the absence of effective speech controls in the public domain and the primary American fear about the presence of governmental censorship.

- by Uta Kohl
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- First Amendment Law (USA), Hate Speech, Freedom Of Expression, Freedom of Speech

Review of The Soul of the First Amendment by Floyd Abrams (New Haven: Yale University Press, 2017).

- by Luke C Sheahan
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- First Amendment Law (USA), Free Speech, Freedom Of Expression, Freedom of Speech

This study examines whether 169 states follow three types of religion clauses in their constitutions. The presence of these clauses (based on an independent data collection) is compared to the religious discrimination and religious... more

- by Jonathan Flores
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- Religion and Politics, Political Science, First Amendment Law (USA), Politics

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the social status of members of targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies.

- by Robert Simpson
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- First Amendment Law (USA), Hate Speech, Free Speech, Freedom of Speech
- by Mary Anne Franks
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- Cyberlaw, First Amendment Law (USA), Gender, Free Speech

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- by Rhetta M . Daniel
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- Law, Criminal Law, Constitutional Law, Civil Law

The Supreme Court has heard thousands of cases throughout American history and some of these cases contain similar subject matter. However, even though the facts of some cases may be similar, different and opposing rulings are sometimes a possibility. This paper pertains to two Supreme Court cases that have similar facts regarding religious symbols in holiday displays: Lynch vs. Donnelly and Allegheny vs. ACLU. This paper will analyze the facts, oral arguments, and Supreme Court reasonings in both cases as well as point out the similarities and differences between the two. What the reader will find is that it is in these similarities and differences (specifically the Supreme Court interpretations of these) that there is a reason these nearly identical cases received opposing rulings.

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- by JOHN WHITE
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- First Amendment Law (USA), Politics of Ukraine, Florida

The US media system is primarily a commercial one dominated by a small number of lightly regulated corporations, and offset by weak public alternatives. This was not inevitable ; it resulted from the outcomes of specific policy battles and from specific values triumphing. One way of understanding this logic is to focus on "corporate libertarianism", which emphasizes negative freedoms (freedom from) as opposed to positive ones (freedom for). Historically, much US media law and policy has been framed in negative terms, exemplified by the First Amendment. But there are also largely forgotten traditions that draw from a positive rights discourse. This social democratic orientation privileges media diversity and protects collective rights held by publics, audiences, and communities over the individual rights of corporations. Drawing from historical case studies, this chapter considers media policies for the digital age founded on positive freedoms.

- by Victor Pickard
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- History, American History, Intellectual History, Sociology
- by Erik Ugland
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- First Amendment Law (USA), Media Law, Journalism Studies, Communication and Media Law

This article takes a historical view of freedom of the press and the evolution of people's right to know about the acts of their governments. It includes an analysis of Article 19 of the Universal Declaration of Human Rights and letters... more

- by Nawi Ukabiala
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- Constitutional Law, First Amendment Law (USA), National Security Law

Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.

- by Mary Anne Franks and +1
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- Criminal Law, Cyberlaw, Privacy, First Amendment Law (USA)
- by Benjamin Hayek
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- First Amendment Law (USA)

According to First Amendment orthodoxy, we must protect the thought we hate in order to protect the speech we love. Defending the free speech rights of neo-Nazis, pornographers, and cross-burners – the speech of white male supremacy – supposedly secures the free speech rights of women and minorities. Free speech orthodoxy thus urges women and minorities to see themselves, quite literally, in white men. Feminist theory demonstrates, however, that protecting free speech for white men, far from protecting women and minorities, sacrifices and silences them. If free speech for all is the desired outcome, a dramatic reorientation of free speech theory and practice is required. Rather than urging women and nonwhite men to see themselves in white men, white men should be urged to see themselves in women and nonwhite men. When women’s free speech if protected, everyone’s free speech is protected.

- by Mary Anne Franks
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- Censorship, First Amendment Law (USA), Slavery, Free Speech

Until the 1960s, governmental limits on speech and expression,
particularly around issues of pornography and obscenity, were
common. These restrictions were enacted to reinforce a set of
standards that had broad support among the American people.
Since the 1960s, we have seen a great expansion of the right to
free speech and expression. Today, however, the libertarian consensus has fractured. The new censorship that favors regulating
hate speech confronts the underlying premises of the old censorship. Rather than comparing and contrasting the libertarian position with the censorship of hate speech position, as is so often
done, in this article, I will compare and contrast two pro-censorship
positions, one group favoring the censorship of hate speech, the
other favoring the censorship of pornography and obscenity. My
purpose is not to advocate for censorship. Rather, my idea is to
examine and explain the different rationales that exist in the two
opposing approaches to censorship, to better judge the merits of
censorship and free speech.

- by Cary Federman
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- Censorship, Republicanism, First Amendment Law (USA), Critical Race Theory

2013, Rola religii w okresie kształtowania się społeczeństwa amerykańskiego. Geneza wprowadzenia rozdziału państwa od Kościoła, [w:] Stany Zjednoczone wczoraj i dziś. Wybrane zagadnienia społeczno-polityczne, red. Agnieszka Małek, Paulina... more

The Fairness Doctrine, one of the most famous and controversial media policies ever enacted, suffered a final deathblow in August 2011 when the Federal Communications Commission permanently struck it from the books. However, the Doctrine continues to be invoked by proponents and detractors alike. This study historically contextualizes the Fairness Doctrine while drawing attention to how it figures within contemporary regulatory debates. By tracing over time the shifting ideologies and discourses surrounding the Fairness Doctrine, we can see how political conflict shapes the normative foundations of core media policies, especially those involving positive freedoms.

- by Victor Pickard
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- American History, Communication, Media Studies, Media and Cultural Studies

In June 2018 the Supreme Court of the United States decided the case of Masterpiece Cakeshop, in which baker Jack Phillips refused to provide a cake for a same-sex wedding. The Court decided the case on fairly narrow grounds; in particular, it set aside the question of whether Phillips illegally discriminated on the basis of sexual orientation by refusing to sell the same cake to a gay couple that he would sell to a heterosexual couple. Concurring opinions by Justices Kagan and Gorsuch do address that question, however, and in this paper I explore the debate between them. By distinguishing between design-based and use-based refusals of service and then arguing that some use-based refusals are tantamount to discrimination on the basis of protected traits, I argue that Jack Phillips did indeed discriminate on the basis of sexual orientation. I also argue that another baker, who refused to create a “Leviticus 18:22 ‘Homosexuality is a detestable sin’” cake, did not discriminate on the basis of religion. I thus side with Justice Kagan against Justice Gorsuch on the question of whether the Colorado commission treated the two bakers inconsistently.

- by John Corvino
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- First Amendment Law (USA), Discrimination, Sexual Orientation, Homosexuality

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This essay argues that Bunyan, especially through the narratives of his encounters in Restoration courts and imprisonment within a church-state system, provided a concrete, tangible model for political resistance that inspired American dissenters in their struggle for religious freedom, liberty of conscience and the abolishment of church-state systems.

This paper was my Master's Project (thesis) as an international graduate student at Fordham University. It concerns issues of freedom of expression and the press in Saudi Arabia and the United States as well as the political-economic relationship between those two countries by critically analyzing the Obama and Trump administrations' relationship with the Arab country.

- by Maria M Andriotis
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- Journalism, Human Rights, Educational Research, First Amendment Law (USA)

لم يسلم مجال الأرشيف من التغيرات التي جعلت منه مجالا ديناميكيا يحتاج الى حرص واهتمام شديدين ,لهذا وجد الارشيفيين انفسهم امام تحدي يستوجب اليقظة الدائمة و التصرف السريع لان مصير الأرشيف بين أيديهم لهذا فلا سبيل لذلك الا مواصلتهم للتكوين والتنمية المستمرة, في مجال الأرشيف فهو الرابط الوحيد الذي يجعل الارشيفي لا يغفل عن الميدان ,ويسهم بقدر كبير في تزويده بالمعلومات لتحديث معارفه وتحسين أدائه
تهدف هاته للتعرف على ادارة الموارد البشرية في الأرشيف الولائي بولاية بسكرة .اهم البرامج التي يتبعها الارشيف الولائي لتحسين موارده .............ـ