Congress shall make no law : the First Amendment, unprotected expression, and the Supreme Court / David M. O'Brien.

Format:

Book

Author/Creator:

O'Brien, David M.

Series:

Free expression in America series.

Free expression in America series

Language:

English

Subjects (All):

Freedom of speech--United States.

Freedom of speech.

Libel and slander--United States.

Libel and slander.

Hate speech--United States.

Hate speech.

Obscenity (Law)--United States.

Obscenity (Law).

Physical Description:

1 online resource (150 p.)

Edition:

1st ed.

Place of Publication:

Lanham, Md. : Rowman & Littlefield Publishers, c2010.

Language Note:

English

Summary:

The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech , or of the press. . . . ' Yet, in the following 200 years, the Supreme Court has defined certain categories of expression-the obscene, the defamatory, commercial, and fighting words or disruptive expression-as constitutionally unprotected. Noted legal scholar David O'Brien provides a history of each category of unprotected speech and puts into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection.

Contents:

CONGRESS SHALL MAKE NO LAW; Contents; Foreword; Acknowledgments; 1. When ''No Law'' Doesn't Mean ''No Law''; 2. Obscenity, Pornography, and Indecent Expression; 3. Defamation and Related Harms; 4. Commercial Speech; 5. ''Fighting Words,'' Provocative and Disruptive Expression; 6. Conclusion; Appendix: Unprotected Speech Time Line; Notes; Selected Bibliography; Index; About the Author

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

979-82-16-20474-9

1-283-16345-4

9786613163455

1-4422-0512-1

OCLC:

741491890