PDF Freedom of Expression in the Supreme Court Terry Eastland Books
PDF Freedom of Expression in the Supreme Court Terry Eastland Books
Download As PDF : Freedom of Expression in the Supreme Court Terry Eastland Books
In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the Court's understanding on the First Amendment's speech, press, assembly, and petition clauses.
PDF Freedom of Expression in the Supreme Court Terry Eastland Books
"I'm using this for my Communications Law class, and it is very helpful. The only problem is that the cases end at 2000 (I think the teacher said this was because of the author's death).
It has sections for the facts, opinion summary, and usually has a news article or two on the case.
It really helps interpret the legalese in Supreme Court decisions"
Product details
|
Tags : Freedom of Expression in the Supreme Court (9780847697113) Terry Eastland Books,Terry Eastland,Freedom of Expression in the Supreme Court,Rowman Littlefield Publishers,0847697118,Political Ideologies - Democracy,Freedom of speech - United States,Freedom of speech;United States;Cases.,Freedom of the press - United States,Freedom of the press;United States;Cases.,CONSTITUTIONAL LAW,Cases,Constitutional,Constitutional administrative law,Courts - General,Freedom of speech,Freedom of the press,History,International courts procedures,LAW / Constitutional,LAW / Courts,Language Arts Disciplines Communication Studies,Law,Law / Legal History,Law/Constitutional,Law/Legal History,Law Constitutional,Law Legal History,Legal History,Legal Reference / Law Profession,Legal aspects,Non-Fiction,POLITICAL AND CIVIL RIGHTS,POLITICAL SCIENCE / Political Ideologies / Democracy,Political Ideologies - Democracy,Political structures democracy,Readings/Anthologies/Collected Works,Scholarly/Undergraduate,TEXT,United States,Constitutional,Courts - General,LAW / Courts,Language Arts Disciplines Communication Studies,Law / Constitutional,Law / Legal History,Law/Constitutional,Law/Legal History,Law Constitutional,Law Legal History,Legal History,POLITICAL SCIENCE / Political Ideologies / Democracy,Legal Reference / Law Profession,Cases,Freedom of speech,Freedom of the press,United States,Constitutional Law,Political And Civil Rights,Law,Constitutional administrative law,International courts procedures,Political structures democracy
Freedom of Expression in the Supreme Court Terry Eastland Books Reviews :
Freedom of Expression in the Supreme Court Terry Eastland Books Reviews
- Terry Eastland did a good job of editing the book titled FREEDOM OF EXPRESSION IN THE SUPREME COURT. Prior to the 20th century, civil liberties were not emphasized in federal courts including the United States Supreme Court. Most cases that dealt with freedom of expression were heard in state courts and did not get the national attention that such cases have received during the 20th century.
Eastland gives the reader a brief but informative introduction on the development and ratification of the Bill of Rights (December 15, 1791). An interesting comment is Eastland's citing of James Madison's attempt to insert legal rights (due process) and rights of expression in Article I, Sections 9 and 10 of the body of the U.S. Constitution. These clauses were never inserted in the Constitution for no clear reason. This reviewer argues that the assumption may have been due to the assumption that state constitutions already had a bills of rights. This may also be the reason that the Bill of Rights only applied to restrictions of the U.S. Government.
Eastland then gives a concise background regarding oppressive federal and state laws that were inflicted on American citizens during and after World War I. Eastland informs readers of the some early U.S. Supreme Court cases title Schenck vs. the U.S.(1919) and Abrams vs the U.S. (1919)which upheld federal law that was passed in 1917 and 1918.
These two decisions were not the end of the matter. The Supreme Court justices heard appeals regarding opressive state laws. Eastland should have included the Supreme Court case titled Meyer vs. the State of Nebraska (1923)and Pierce vs. the Society of Sisters of the Holy Names of Jesus and Mary (1925). These cases involved freedom of religion and rights of parents and which are part of fundamental individual rights.
However, the cases that Eastland does cite are well researched and informative. Eastland gives the historical background to these cases, and this gives the reader a more accurate view of these cases. One case that should be noted is titled Gitlow vs. New York (1925) whereby Gitlow was convicted of violating a New York law which criminalized writing of Sydicalist and Communist literature. Even Gitlow lost his appeal, Eastland explains why this case was important to civil libertarians. Chief Justice Sanford stated in his majority opinion that The Bill of Rights apply to the states via the first paragraph of the Fourteenth Amendment. This was the first time in the history of the United States Supreme Court that the justices recognized that the first paragraph of the Fourteenth Amendment applied the Bill of Rights to the states. In other words, civil libertarians could more effectively challenge unreasonable, oppresessive state laws with this decision. As readers may know, this became the Incorportaion Doctrine.
Another, important case cited in Eastland's book is titled the West Virginia State Board of Education vs. Barnette (1943).
This case involved saluting flags and recitation of the Pledge of Alligence. To the surprise of many, the Supreme Court Justices ruled 7 to 2 that to compel one to say the Pledge and salute the Flag was unconstitutional. The ruling stated that one cannot be compelled to utter oaths which are not part of the conscience. In other words, conscience cannot be compelled. Readers should read Justice Jackson's well written, spirited opinion which is one of the best this reviewer has ever read.
Eastland reviews other cases involving the right to display political symbols, flags, banners, etc. He gives the background to such issues of peaceful public demonstrations, rights of political association, and certain limits to these rights. One should note that many rights that are taken for granted were almost non-existent in the early 2oth century.
Eastland has edited a good book in spite of the criticisms mentioned in the third paragraph of this review. His treatment of the case titled The New York Times Co. vs. United States is useful in that it helps embellish Eastland's other work in this book. Readers should note that Eastland's book invites readers to read further on the status of civil liberties. - I'm using this for my Communications Law class, and it is very helpful. The only problem is that the cases end at 2000 (I think the teacher said this was because of the author's death).
It has sections for the facts, opinion summary, and usually has a news article or two on the case.
It really helps interpret the legalese in Supreme Court decisions
Comments
Post a Comment