Monday, November 30, 2009

First Amendment Law in a Nutshell or Up from Slavery

First Amendment Law in a Nutshell

Author: Jerome A Barron

Expert authors summarize the principles set forth in case law and explore the philosophical foundations of First Amendment law. Current theories are examined to explain the rationale behind constitutional protection for free expression and freedom of religion. The debate between separationists and religious accommodationists in establishment clause jurisprudence is featured in this text as well.

Booknews

A nice little textbook on freedom of religion and speech. We are put off by the 13 pages of West Publishing Co. books advertised ahead of the title page. Annotation c. Book News, Inc., Portland, OR (booknews.com)



Table of Contents:
PrefaceTable of Cases Part One. Background and Methodology Chapter Text, History and Theory The Marketplace of Ideas Model The Self–Government Model—Civic Republicanism and Civic Virtue Revived The Liberty Model—Self–Fulfillment and Autonomy Additional Theories of Free Expression Critics of Special Protection for Free Expression First Amendment Methodology Categorization and Balancing Content–Based v. Content–Neutral Regulations Overbreadth and Vagueness Prior Restraint Part Two. Content-Based Regulation and Low-Value Speech Advocacy of Illegal Conduct Dangerous and Offensive Speech Fighting Words Hostile Audiences Offensive Speech True Threats Obscenity and Indecency Obscenity Child Pornography Indecent Speech First Amendment "Due Process" Defamation, Privacy and Mental Distress Constitutionalizing Libel Law Public Figures and Public Issues Public Figures and Private Figures Public Speech and Private Speech Privacy Intentional Infliction of Mental Distress Commercial Speech Commercial Speech in the Chrestensen ERA: A Categorical Approach The Problem of Defining Commercial Speech Virginia Pharmacy and New Protection for Commercial Speech Commercial Speech Differentiated From Other Forms of Protected Speech The Central Hudson Test: Special or Diminished Protection for Commercial Speech? The Fox and the Central Hudson Test Revised Lawyer Advertising Routine Services In–Person Solicitation Solicitation Through Print Advertising and Targeted Mailings Statements of Certification and Specialization Truthful Advertising About Lawful but Harmful Activity New Categories? Racist Speech Pornography and Feminism Part Three. General Approaches The Public Forum Regulating the Public Forum The Nonpublic Forum Private Property Expressive Conduct Standards for Expressive Conduct The Definitional Problem The O'Brien Test Flag Burning Nude Dancing Freedom of Association and Belief Regulation of Group Membership Government Employment and Benefits Registration and Disclosure Compelled Association The Electoral Process Political Speech During the Campaign Electoral Spending Buckley v. Valeo Corporate Spending Access to the Ballot Regulating Political Parties Government Sponsored Environments Student Speech Government Employment Criticizing the Government Political Activity Political Patronage Subsidized Speech: Sponsorship or Censorship? Summary Freedom of the Press The Press Clause—"Or of the Press" Journalist's Privilege Protecting Confidentiality Burning the Sourc Gagging the Press Introduction The Nebraska Press Case Silencing the Bar and Other Trial Participants Access to the Courtroom Trial Proceedings Pretrial Proceedings Summary Access to the Media Access to the Electronic Media Part Four. Freedom of Religion Text, History and Theory of the Religion Clauses The Antiestablishment Clause Government Financial Aid to Religious Institutions Religion in the Schools Released Time and Equal Access Religious Exercise in the Schools Religion and Curriculum Control Government Acknowledgement of Religion Related Establishment Clause Problems Taxation and Tax Exemptions Sabbath Day Observance Laws Establishment Clause Miscellany The Establishment Clause Today The Free Exercise Clause Belief/Opinion or Conduct Direct or Indirect Burdens The Reign of Compelling Interest Analysis The Repudiation of Judicial Exemptions Religion in Government–Sponsored Environments The Burdens That Count Formal Neutrality Triumphant Index

Look this: The Science of Sherlock Holmes or Id Rather Teach Peace

Up from Slavery

Author: Booker T Washington

Booker T. Washington, the most recognized national leader, orator and educator, emerged from slavery in the deep south, to work for the betterment of African Americans in the post Reconstruction period.

"Up From Slavery" is an autobiography of Booker T. Washington's life and work, which has been the source of inspiration for all Americans. Washington reveals his inner most thoughts as he transitions from ex-slave to teacher and founder of one of the most important schools for African Americans in the south, The Tuskegee Industrial Institute.

Booker T. Washington's words are profound. Washington includes the address he gave at the Atlanta Cotton States and International Exposition in 1895, which made him a national figure. He imparts 'gems of wisdom' throughout the book, which are relevant to Americans who aspire to achieve great attainments in life.

Listeners will appreciate the impassioned delivery of the reader, Andrew L. Barnes. Legacy Audio is proud to present this audio book production of "Up From Slavery" by Booker T. Washington.

Langston Hughes

Washington's story of himself, as half-seen by himself, is one America's most revealing books.

Sacred Fire

The history of the African in America has often been personalized or embodied within one individual, one spokes-person who represented the sentiments of the moment. In the South of the 1890s, Booker T. Washington stood as the often controversial personification of the aspirations of the black masses. The Civil War had ended, casting an uneducated black mass adrift or, equally tenuous, creating a class of sharecroppers still dependent on the whims of their former owners. Black Reconstruction, for all its outward trimming, had failed to deliver its promised economic and political empowerment. While an embittered and despairing black population sought solace and redemption, a white citizenry systematically institutionalized racism.

From this Armageddon rose this Moses, Booker Taliaferro Washington, who was born in 1856 in Virginia, of a slave mother and a white father he never knew. But he gave no indication in his autobiography of the pain this almost certainly caused him: "I do not even know his name. I have heard reports to the effect that he was a white man who lived on one of the nearby plantations. But I do not find especial fault with him. He was simply another unfortunate victim of the institution which the nation unhappily had engrafted upon it at that time." After Emancipation, Washington began to dream of getting an education and resolved to go to the Hampton Normal Agricultural Institute in Virginia. When he arrived, he was allowed to work as the school's janitor in return for his board and part of his tuition. After graduating from Hampton, Washington was selected to head a new school for blacks at Tuskegee, Alabama, where he taught the virtues of "patience, thrift, good manners and high morals" as the keys to empowerment.

An unabashed self-promoter (Tuskegee was dependent upon the largesse of its white benefactors) and advocate of accommodation, Washington's "pick yourself up by your bootstraps" and "be patient and prove yourself first" philosophy was simultaneously acclaimed by the masses, who prescribed to self-reliance, and condemned by the black intelligentsia, who demanded a greater and immediate inclusion in the social, political, and economic fabric of this emerging nation. Washington's philosophy struck a chord that played like a symphony within the racial politics of the times. It gave a glimmer of hope to the black masses; it created for whites a much-needed locus for their veneer of social concern—funds flooded into Tuskegee Institute; and finally, the initiatives of the black intelligentsia, led by W. E. B. Du Bois, were, for the moment, neutralized.

Washington "believed that the story of his life was a typical American success story," and he redefined "success" to make it so: "I have learned that success is to be measured not so much by the position that one has reached in his life as by the obstacles which he has overcome while trying to succeed." His powerfully simple philosophy that self-help is the key to overcoming obstacles of racism and poverty has resonated among African Americans of all political stripes, from Marcus Garvey to Louis Farrakhan.

Library Journal

Washington's memoir begins with his life as a slave on a plantation in western Virginia. Once he's freed, he looks for ways to gain knowledge, while also working in a coal mine and eventually as a house boy for a noted member of the white community. Later, he attends Hampton Institute where for the first time he is exposed to higher education and begins to develop his philosophy. The author then goes to Tuskegee Institute where he is first a teacher and later its president. Up from Slavery includes much of Washington's thinking on economic empowerment and the importance of education. Also included here is an 1895 speech he made at the International Exposition in Atlanta that turned him into a national figure and a role model. Washington's words continue to inspire many but also ruffle the feathers of those who follow the work of scholar W.E.B. Du Bois, who had a different view regarding the role of African Americans in society. Andrew L. Barnes offers a fine reading of this important work. For all libraries.-Danna Bell-Russel, Library of Congress Copyright 2006 Reed Business Information.

What People Are Saying

John Hope Franklin
The ascendancy of [Booker T. Washington] is one of the most dramatic and significant episodes in the history of American education and of race relations.




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