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Freedom of Expression in the Supreme Court Hardcover

ISBN-13: 978-0847697106 ISBN-10: 084769710X

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Product Details

  • Hardcover: 432 pages
  • Publisher: Rowman & Littlefield Publishers (January 2002)
  • Language: English
  • ISBN-10: 084769710X
  • ISBN-13: 978-0847697106
  • Product Dimensions: 10.3 x 7.3 x 1.5 inches
  • Shipping Weight: 2 pounds
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #4,312,807 in Books (See Top 100 in Books)

Editorial Reviews

Review

Freedom of Expression in the Supreme Court is a valuable contribution to the literature on modern constitutional law. While fully attentive to legal doctrines and styles of judicial decision making, Eastland provides a clear, critical, and refreshingly nontechnical documentary account of succeeding waves of civil libertarianism that have redefined the relationship between American citizens and the federal government in the twentieth century. Substantial selections from leading judicial opinions, combined with contemporary journalistic commentary, give this sourcebook a richly contextualized historical character. (Herman Belz, University of Maryland, College Park)

Freedom of Expression in the Supreme Court renders a significant contribution to our First Amendment literature. The 60 defining 20th century freedom of speech, press, and assembly cases, from Schenck (1919) through Finley (1998), represent a splendid compendium of the subject, both for the public at large and as a teaching tool. The author deserves warm plaudits for a handsomely produced and expertly edited work. (Henry J. Abraham, University of Virginia)

This book should be in the classrooms—not just the libraries—of our school. (Nat Hentoff USA Today)

Eastland has assembled an excellent collection of landmark U.S. Supreme Court cases and provides commentary dealing with free expression in a masterly introductory essay. Each of the 60 cases covered includes an informative statement of the facts, an explanation of the doctrine or test used in reaching the decision, and an account of how the Court later treated the precedent set by the case. Excerpts from Court opinions and major concurrences and dissents are carefully selected. 'Responses,' editorial comments from national newspapers and magazines, or statements from organizations affected by the rulings follow most cases. This unique feature provides thoughtful material for evaluating the cases. This book would be a splendid text for courses in constitutional law, political science, or journalism. Recommended for undergraduate, graduate, research, and professional collections. (CHOICE)

A splendid textbook for any free speech class, or for that matter for any reader interested in free speech. The contemporaneous reactions from leading newspapers are an especially valuable and unusual feature. (Eugene Volokh, UCLA School of Law)

About the Author

Terry Eastland has written for numerous publications on a wide variety of political and legal issues. His books include Energy in the Executive: The Case for the Strong Presidency; Ending Affirmative Action: The Case for Colorblind Justice; and Religious Liberty in the Supreme Court: The Cases That Define the Debate Over Church and State.

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4 of 4 people found the following review helpful By James E. Egolf VINE VOICE on April 6, 2006
Format: Paperback Verified Purchase
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).
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