What is Wrong with the First Amendment?

Law

What is Wrong with the First Amendment?

By Steven H. Shiffrin
Cambridge University Press December 2016

Specifications

ISBN-13
9781107160965
Publisher
Cambridge University Press
Publication
December 2016
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

What is Wrong with the First Amendment? argues that the US love affair with the First Amendment has mutated into free speech idolatry. Free speech has been placed on so high a pedestal that it is almost automatically privileged over privacy, fair trials, equality and public health, even protecting depictions of animal cruelty and violent video games sold to children. At the same time, dissent is unduly stifled and religious minorities are burdened. The First Amendment benefits the powerful at the expense of the vulnerable. By contrast, other Western democracies provide more reasonable accommodations between free speech and other values though their protections of dissent, and religious minorities are also inadequate. Professor Steven H. Shiffrin argues that US free speech extremism is not the product of broad cultural factors, but rather political ideologies developed after the 1950s. He shows that conservatives and liberals have arrived at similar conclusions for different political reasons.

Table of Contents

Introduction

Part I:
1. Privacy
2. Justice
3. Race
4. Sex
5. Violence
6. Commerce
7. Democracy

Part II:
8. Dissent
9. Religion

Part III:
10. How did we get here?
11. What next?
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