Read complete books and articles on: First Amendment to the U.S. Constitution

Speech, Freedom Of - liberty to speak and otherwise express oneself and one's opinions. Like freedom of the press (see press, freedom of the), which pertains to the publication of speech, freedom of speech itself has been absolute in no time or place. The First Amendment to the U.S. Constitution bars the federal government from "abridging the freedom of speech"; since the 1920s the

Although speech is freer in the United States than in many societies, federal and state laws do restrict many kinds of expression. Some kinds of speech regarded as damaging to individual interests (e.g., libel and slander) are limited primarily by the threat of tort action; other forms of speech (e.g., obscenity) are restricted by law because they are regarded as damaging to society as a whole. Speech that is regarded as disruptive of public order has long been beyond protection (e.g., "fighting words" that cause a breach of the peace or false statements that cause general panic). The government also limits speech that threatens it directly; although sedition laws are rarely prosecuted in the United States, such rationales as a danger to "national security" have been invoked to silence criticism of or opposition to the government. Laws designed to silence opposition to organized religion (e.g., laws against blasphemy or heresy), common in some other countries, would run afoul of the First Amendment.

In recent decades speech controversies in the United States have involved, among other issues, whether and how "hate speech" directed at racial or other groups can be suppressed and what limitations may be imposed on speech in an attempt to combat sexual harassment. The definition of speech itself has been broadened to encompass "symbolic speech," which consists of actions that express opinions; thus, U.S. courts have held that burning the American flag as a protest is protected speech.

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15 of the Best Books and Articles on: First Amendment to the U.S. Constitution

as selected by Questia librarians

1.

A Companion to the United States Constitution and Its Amendments (Chapter 7 "The Bill of Rights--The First Three Amendments") » Read Now
by John R. Vile. 288 pgs.

Collections: Entire Library

...Bill of Rights--The First Three Amendments 123...Amendment, Proposed Amendments, and Amending Issues...since writing the first edition of this book...prohibitions for...
2.

Speaking Our Minds: Conversations with the People behind Landmark First Amendment Cases » Read Now
by Joseph Russomanno. 476 pgs.

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3.

Violence as Obscenity: Limiting the Media's First Amendment Protection » Read Now
by Kevin W. Saunders. 248 pgs.

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...OBSCENITY Limiting the Media's First Amendment Protection Kevin W. Saunders...Violence 29 3 First Amendment Limitations 45...7 Sex, Violence, and First Amendment Policy...
4.

Free Expression in America: A Documentary History » Read Now
by Sheila Suess Kennedy. 344 pgs.

Collections: History, Entire Library

Freedom of speech is a foundational principle of the American Constitutional system. This collection of over 100 primary documents from a variety of sources will help students understand exactly what is meant by "free speech," and how it has evolved since the founding of our country. Court cases...
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Freedom of speech is a foundational principle of the American Constitutional system. This collection of over 100 primary documents from a variety of sources will help students understand exactly what is meant by "free speech," and how it has evolved since the founding of our country. Court cases, opinion pieces, and many other documents bring to life the tension between America's constitutional commitment to robust and unrestrained discourse and recurring efforts to suppress expression deemed dangerous, degrading or obscene. Explanatory introductions to each document aid users in understanding the various arguments put forth in debates over exactly how to define the Constitution to encourage readers to consider all sides when drawing their own conclusions.
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5.

Words That Wound: Critical Race Theory, Assaultive Speech, and the First Amendment » Read Now
by Mari J. Matsuda, Charles R. Lawrence III, Richard Delgado, Kimberle Williams Crenshaw. 160 pgs.

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...Assaultive Speech, and the First Amendment Mari J. Matsuda, Charles...assaultive speech, and the First Amendment / Mari J. Matsuda . . . et...Critical Race Scholars Enter...
6.

Equal Separation: Understanding the Religion Clauses of the First Amendment » Read Now
by Paul J. Weber. 186 pgs.

Collections: Religious Studies, Entire Library

This collection of essays by six outstanding scholars examines the pros and cons of strict neutrality, a theory, Weber argues, that may provide a foundation for the development of a more compelling view of the First Amendment religion clauses. Representing a challenging array of perspectives, six...
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This collection of essays by six outstanding scholars examines the pros and cons of strict neutrality, a theory, Weber argues, that may provide a foundation for the development of a more compelling view of the First Amendment religion clauses. Representing a challenging array of perspectives, six outstanding scholars critique the concept by focusing on a different perspective and each contributor's dedication to the concepts is clearly manifested throughout. Chapters address strict neutrality as it relates to accommodation, schools, Thomas Jefferson's "Wall," and more.
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7.

Religion and the American Constitutional Experiment: Essential Rights and Liberties » Read Now
by John Witte Jr. 388 pgs.

Collections: Religious Studies, Entire Library

The American constitution's First Amendment, this work argues, is a synthesis of both the theological convictions and the political calculations of the 18th-century founders. The author urges a return to their principled approach to religious rights.
8.

The Establishment Clause: Religion and the First Amendment » Read Now
by Leonard W. Levy. 273 pgs.

Collections: Religious Studies, History, Entire Library

...Clause Religion and the First Amendment Leonard W. Levy 1994 The...establishment clause: religion and the First Amendment / Leonard W. Levy.--2d ed...establishment clause...
9.

A Nation Dedicated to Religious Liberty: The Constitutional Heritage of the Religion Clauses » Read Now
by Arlin M. Adams, Charles J. Emmerich. 176 pgs.

Collections: Religious Studies, Entire Library

...Western civilization. 1 The First Amendment of the United States Constitution...the present wording of the First Amendment. Unfortunately, no record of...the states. What...
10.

The First Amendment and Democracy: The Challenge of New Technology, in Journal of Mass Media Ethics » Read Now
by Adam S. Plotkin. 10 pgs.

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...The First Amendment and Democracy: The Challenge of...A technology-blind definition of First Amendment protection is also recommended by...Smolla ( 1992 ), in considering...
11.

The Kingfish and the Constitution: Huey Long, the First Amendment, and the Emergence of Modern Press Freedom in America » Read Now
by Richard C. Cortner. 204 pgs.

Collections: History, Entire Library

The Kingfish and the Constitution is an in-depth analysis of the poisonous relationship that evolved between Huey "Kingfish" Long, legendary governor of Louisiana, and the state's daily newspapers. Long's political battle over the newspaper tax in the Louisiana legislature in 1934 and the subsequent...
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The Kingfish and the Constitution is an in-depth analysis of the poisonous relationship that evolved between Huey "Kingfish" Long, legendary governor of Louisiana, and the state's daily newspapers. Long's political battle over the newspaper tax in the Louisiana legislature in 1934 and the subsequent battle over the constitutionality of his attempt at censorship by taxation culminated in the U.S. Supreme Court decision in Grosjean v. American Press Co. in 1936, a landmark decision that laid the basis for the protection of modern freedom of the press in America. This fascinating study will be of interest to scholars and students of political science, constitutional law, and American history.
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12.

Reconciling What the First Amendment Forbids with What the Copyright Clause Permits: A Summary Explanation and Review, in Law and Contemporary Problems » Read Now
by William W. Van Alstyne. 13 pgs.

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...Reconciling what the First Amendment forbids with what the Copyright...Speech-and-Press Clause of the First Amendment. (4) But just how or why that...each respective...
13.

Locating Copyright within the First Amendment Skein, in Stanford Law Review » Read Now
by Neil Weinstock Netanel. 86 pgs.

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...Locating copyright within the First Amendment skein. by Neil Weinstock...restraint in violation of the First Amendment." (4) As of this writing, the...appellate court has...
14.

The First Amendment and Problems of Political Viability: The Case of Internet Pornography, in Harvard Journal of Law & Public Policy » Read Now
by Mark C. Alexander. 54 pgs.

Collections: Entire Library

...The First Amendment and problems of political viability...historically have clashed with the First Amendment as political expediency has bumped...Senator Joseph McCarthy...
15.

Rights in Conflict: The First Amendment's Third Century, in Law and Contemporary Problems » Read Now
by Robert M. O'Neil. 25 pgs.

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...Rights in conflict: the First Amendments third century. by Robert...decades of teaching and studying First Amendment law, I have witnessed the resolution...intractable...