The Disappearing First Amendment

ISBN-13: 9781108722919 / Angielski / Miękka / 2019 / 408 str.

Ronald J. Krotoszynski

Opis

Shows that while the Supreme Court enforces some First Amendment rights vigorously, it often fails to protect ordinary citizens' expressive freedoms.

Recenzje

'Constitutional scholars will find this text valuable in highlighting important, often ignored Supreme Court cases and in drawing connections between the court's subtle jurisprudential shifts and the democratic institutions the doctrine is intended to serve.' D. E. Smith, Choice

Spis treści

1. Two steps forward, one step back: on the decline of expressive freedoms under the Roberts and Rehnquist Courts; 2. The public forum doctrine and reduced access to government property for speech activity; 3. The First Amendment as a source of positive rights: the Warren Court and First Amendment easements to private property; 4. Whistleblowing speech and democratic accountability: the growing problem of reduced First Amendment protection for government employee speech; 5. Shedding their constitutional rights at the schoolhouse gate: the decline of freedom of speech for students and teachers in the nation's public schools, colleges, and universities; 6. Transborder speech: using the accident of geography as a makeweight justification for suppressing expressive freedoms; 7. Systemic failures to protect newsgathering activities by professional journalists and amateur citizen-journalists alike; 8. The citizen as government sock-puppet and the state masquerading as a citizen: the problem of coerced and mis-attributed speech; 9. Using constitutionally permissible statutes to impede first amendment activity: the Supreme Court's failure to address the abuse of discretionary authority by police, prosecutors, and other non-judicial actors; 10. Conclusion enhancing speech and promoting democracy: the necessary role of the state in promoting democratic deliberation among citizen-speakers; Index.