Kevin A. Johnson - Böcker

A highly original account of the role that fear plays in key First Amendment cases ruled on by the Roberts Supreme CourtIn Fear and the First Amendment, Kevin A. Johnson and Craig R. Smith offer a deeply considered examination of the ways fear figures in First Amendment questions ruled on by the contemporary Supreme Court. Bringing together literature on theories of fear in rhetorical and philosophical traditions, Johnson and Smith focus on the rulings from the Roberts Court, which form a pivotal era of dramatic precedents. Each chapter in this book analyzes one or more First Amendment cases and a variety of related fears--whether evidentiary or not--that pertain to a given case.These cases include Morse v. Frederick, which takes up the competing fears of school administrators’ loss of authority and students’ loss of free speech rights. The authors touch on corporate funding of elections in Citizens United v. Federal Elections Commission, from the fear of corporate influence on electoral politics to corporate fears of alienating their consumers by backing political candidates. They explore religious freedom and fears of homosexuality in Christian Legal Society v. Martinez. Similarly, in Snyder v. Phelps, the authors delve further into fears of God, death, emotional distress, failing as a parent, and losing one’s reputation. Next, they investigate parents’ anxieties about violence in video games in Brown v. Entertainment Merchants Association. Finally, Johnson and Smith examine the role of fear in indecent, obscene, and graphic communication in three cases: FCC v. Fox Television Stations, Ashcroft v. American Civil Liberties Union, and United States v. Stevens.Together these cases reveal fear to be an endemic factor in the rhetoric of First Amendment cases. This fascinating and original work will appeal to current legal practitioners and students of law, rhetoric, philosophy, and the First Amendment.

A highly original account of the role that fear plays in key First Amendment cases ruled on by the Roberts Supreme CourtIn Fear and the First Amendment, Kevin A. Johnson and Craig R. Smith offer a deeply considered examination of the ways fear figures in First Amendment questions ruled on by the contemporary Supreme Court. Bringing together literature on theories of fear in rhetorical and philosophical traditions, Johnson and Smith focus on the rulings from the Roberts Court, which form a pivotal era of dramatic precedents. Each chapter in this book analyzes one or more First Amendment cases and a variety of related fears--whether evidentiary or not--that pertain to a given case.These cases include Morse v. Frederick, which takes up the competing fears of school administrators’ loss of authority and students’ loss of free speech rights. The authors touch on corporate funding of elections in Citizens United v. Federal Elections Commission, from the fear of corporate influence on electoral politics to corporate fears of alienating their consumers by backing political candidates. They explore religious freedom and fears of homosexuality in Christian Legal Society v. Martinez. Similarly, in Snyder v. Phelps, the authors delve further into fears of God, death, emotional distress, failing as a parent, and losing one’s reputation. Next, they investigate parents’ anxieties about violence in video games in Brown v. Entertainment Merchants Association. Finally, Johnson and Smith examine the role of fear in indecent, obscene, and graphic communication in three cases: FCC v. Fox Television Stations, Ashcroft v. American Civil Liberties Union, and United States v. Stevens.Together these cases reveal fear to be an endemic factor in the rhetoric of First Amendment cases. This fascinating and original work will appeal to current legal practitioners and students of law, rhetoric, philosophy, and the First Amendment.

This book examines significant clashes in First and Fourteenth Amendment issues in America. Any course in America that studies constitutional issues may benefit from focusing on a variety of issues raised in this book, including child torture and access to mandatory reporters, placing children into adoptive homes, prayer in public schools, religious tax exemptions, roadside memorials, military draft exemptions, access to contraceptive and family planning services, regulation of broadcast media, business exercises of religious freedom, issues in immigration detention, tribal sovereignty, and issues of political correctness and conspiracy theories. Whether you are studying these particular issues, reading the book in a legal studies course, or teaching a course in the First and/or Fourteenth Amendments, this book offers a way to dig into some of the most pressing issues in clashes between the rights as they are defined and negotiated in contemporary American life. The stakes are high as we navigate these clashes in doing the tough labor of democracy, both now and into the future.

This book examines significant clashes in First and Fourteenth Amendment issues in America. Any course in America that studies constitutional issues may benefit from focusing on a variety of issues raised in this book, including child torture and access to mandatory reporters, placing children into adoptive homes, prayer in public schools, religious tax exemptions, roadside memorials, military draft exemptions, access to contraceptive and family planning services, regulation of broadcast media, business exercises of religious freedom, issues in immigration detention, tribal sovereignty, and issues of political correctness and conspiracy theories. Whether you are studying these particular issues, reading the book in a legal studies course, or teaching a course in the First and/or Fourteenth Amendments, this book offers a way to dig into some of the most pressing issues in clashes between the rights as they are defined and negotiated in contemporary American life. The stakes are high as we navigate these clashes in doing the tough labor of democracy, both now and into the future.