the first amendment and lgbt equality a contentious history

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The First Amendment And Lgbt Equality

Author : Carlos A. Ball
ISBN : 9780674972193
Genre : History
File Size : 60. 49 MB
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Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.

The Dynamic Free Speech Clause

Author : Timothy Zick
ISBN : 9780190841423
Genre : Law
File Size : 21. 43 MB
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The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

The Soul Of The First Amendment

Author : Floyd Abrams
ISBN : 9780300190885
Genre : Law
File Size : 57. 64 MB
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A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

Religious Freedom In An Egalitarian Age

Author : Nelson Tebbe
ISBN : 9780674974890
Genre : Law
File Size : 62. 70 MB
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Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.

Lessons In Censorship

Author : Catherine J. Ross
ISBN : 9780674915770
Genre : Law
File Size : 28. 7 MB
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American public schools censor controversial student speech that the Constitution protects. Catherine Ross brings clarity to court rulings that define speech rights of young citizens and proposes ways to protect free expression, arguing that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy.

Madison S Music

Author : Burt Neuborne
ISBN : 9781620970539
Genre : Law
File Size : 55. 54 MB
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Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires.

Speaking Of Race Speaking Of Sex

Author : Henry Louis Gates Jr.
ISBN : 9780814730904
Genre : Law
File Size : 71. 48 MB
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At the University of Pennsylvania, a student is reprimanded for calling a group of African-American students water buffalo. Several prominent American law schools now request that professors abstain from discussing the legal aspects of rape for fear of offending students. As debates over multiculturalism and political correctness crisscross the land, no single issue has been more of a flash point in the ongoing culture wars than hate speech codes, which seek to restrict bigoted or offensive speech and punish those who engage in it. In this provocative anthology, a range of prominent voices argue that hate speech restrictions are not only dangerous, but counterproductive. The lessons of history indicate that speech regulation designed to protect minorities is destined to be used against them. Acknowledging the legitimacy of the concerns that prompt speech codes and combining support for civil liberties with an acute concern for civil tights issues, Speaking of Race, Speaking of Sex demonstrates that it is difficult, if not impossible, to draw the line between unprotected insults and protected ideas. Decrying such speech regulation as overly concerned with the symbols of racism rather than its realities, Speaking of Race, Speaking of Sex offers a balanced and well-reasoned perspective on one of the most controversial issues of our time.

The Right To Be Out

Author :
ISBN : 1452915318
Genre :
File Size : 47. 15 MB
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And Tango Makes Three

Author : Justin Richardson
ISBN : 9780857073846
Genre : Juvenile Fiction
File Size : 28. 25 MB
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Roy and Silo are just like the other penguin couples at the zoo - they bow to each other, walk together and swim together. But Roy and Silo are a little bit different - they're both boys. Then, one day, when Mr Gramzay the zookeeper finds them trying to hatch astone, he realises that it may be time for Roy and Silo to become parents for real.

The People S Zion

Author : Joel Cabrita
ISBN : 9780674985766
Genre : History
File Size : 59. 33 MB
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In The People’s Zion, Joel Cabrita tells the transatlantic story of Southern Africa’s largest popular religious movement, Zionism. It began in Zion City, a utopian community established in 1900 just north of Chicago. The Zionist church, which promoted faith healing, drew tens of thousands of marginalized Americans from across racial and class divides. It also sent missionaries abroad, particularly to Southern Africa, where its uplifting spiritualism and pan-racialism resonated with urban working-class whites and blacks. Circulated throughout Southern Africa by Zion City’s missionaries and literature, Zionism thrived among white and black workers drawn to Johannesburg by the discovery of gold. As in Chicago, these early devotees of faith healing hoped for a color-blind society in which they could acquire equal status and purpose amid demoralizing social and economic circumstances. Defying segregation and later apartheid, black and white Zionists formed a uniquely cosmopolitan community that played a key role in remaking the racial politics of modern Southern Africa. Connecting cities, regions, and societies usually considered in isolation, Cabrita shows how Zionists on either side of the Atlantic used the democratic resources of evangelical Christianity to stake out a place of belonging within rapidly-changing societies. In doing so, they laid claim to nothing less than the Kingdom of God. Today, the number of American Zionists is small, but thousands of independent Zionist churches counting millions of members still dot the Southern African landscape.

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