"The Free and Open Press ought to be required reading whenever anyone questions the meaning of the Founding Fathers, the framers of the Constitution, or other early American icons of liberty."
--"Journalism History"

"Robert W. T. Martin revitalizes a debate over the status of press rights in eighteenth-century America that had grown tiresome over the past 20 years...all scholars of American political thought and constitutional development should read this book."
--"American Political Science Review"

"Martin uses a number of fresh quotations and a helpful arranging and packaging of many ideas on a momentous topic."
-- "American Historical Review"

"Martin is not the first to examine that familiar topic, but his is the most heavily contextualized discussion of the topic yet and the most ambitious in scope."
--"The Journal of American History"

"In a welcome contrast to many recent studies (and museum exhibitions), Martin sees a clear, prima facie party distinction on the issue of press freedom."
--"William and Mary Quarterly"

The current, heated debates over hate speech and pornography were preceded by the equally contentious debates over the "free and open press" in the seventeenth and eighteenth centuries. Thus far little scholarly attention has been focused on the development of the concept of political press freedom even though it is a form of civil liberty that was pioneered in the United States. But the establishment of press liberty had implications that reached far beyond mere free speech. In this groundbreaking work, Robert Martin demonstrates that the history of the "free and open press" is in many ways the story of the emergence and first realexpansions of the early American public sphere and civil society itself.

Through a careful analysis of early libel law, the state and federal constitutions, and the Sedition Act crisis Martin shows how the development of constitutionalism and civil liberties were bound up in the discussion of the "free and open press." Finally, this book is a study of early American political thought and democratic theory, as seen through the revealing window provided by press liberty discourse. It speaks to broad audiences concerned with the public square, the history of the book, free press history, contemporary free expression controversies, legal history, and conceptual history.

Law, Cultural Studies and the "Burqa Ban" Trend: An Interdisciplinary Handbook offers an in-depth and multi-perspective account of the "burqa ban" trend. With a focus on Europe and America, this book examines the law at national and international levels. Its interdisciplinary approach encompasses ethics, gender studies, philosophy, political science and religion to provide much needed insights into value and identity politics, diversity, discrimination and human rights, in addition to the discussions surrounding the courts' contradictory judgments. The book also includes a first-hand account by a Muslim burqa-wearer, alongside contributions by leading academic researchers and legal professionals that provide food for thought that can benefit future discussions among scholars, students, legal professionals and policymakers. Analytical work is supplemented with, among other aspects, examinations of the frameworks that derive from dialectical thinking or ideas and theories about democracy, autonomy and male and white desire to control, conquer and dominate.

Is academic freedom threatened? The book examines current challenges to academic freedom in Europe, focusing mainly on Italy and Germany. The cases discussed demonstrate that research and teaching are under pressure in European democracies: in Hungary and Poland due to political constraints, in other countries due to societal expectations. Considering different interrelated aspects, the four parts of the book explore many real and potential threats to universities, scientific institutions and researchers, ranging from the European dimension of freedom of the arts and sciences to comparative analysis of emerging challenges to academic freedom against the backdrop of the COVID-19 pandemic. They highlight threats to university autonomy from the economic orientation of university governance, which emphasizes efficiency, competition, and external evaluation, and from new rules concerning trigger warnings, speech restrictions, and ethics commissions. Detailed study of these complex threats is intended to stimulate scholarly reflection and elicit serious discussion at European and national level. The volume contributes to the search for a new role of universities and scientific institutions and is addressed to academics and political stakeholders.

There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately capture the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.

On September 3, 1984 in Sharpeville, South Africa, a peaceful demonstration about rent erupted into a bloody battle between white police and black residents. The Apartheid government arrested, tried, and sentenced to death six people for allegedly killing a town councillor. After an unprecedented international campaign, the prisoners were ultimately granted clemency and released.

In the Shadow of Sharpeville explores the case in comprehensive, personal detail. Among the "Sharpeville Six" was Francis Mokhesi, whose sister, Joyce Mokhesi-Parker and coauthor, Peter Parker, here scrutinize the crime and its investigation by the police, the prosecution's case, and the response of the defense. They argue convincingly that the convictions were obtained because of the inventiveness of the judge and the selective attention paid to the evidence. The authors further examine the corrupting effect of the system on its victims, using Francis Mokhesi's letters from death row to show how an individual responds to the pain and fear of impending execution.

In the Shadow of Sharpevill reveals the obduracy of a regime which refused to understand how indefensible its behavior had become and which still believed that a state could declare war on its people and win.

This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.

This highly topical collection of essays addresses contemporary issues facing Indigenous communities from a broad range of multi- and interdisciplinary perspectives. Drawing from across the social sciences and humanities, this important volume challenges the established norms, theories, and methodologies within the field, and argues for the potential of a multidimensional approach to solving problems of Indigenous justice. Stemming from an international conference on 'Spaces of Indigenous Justice', Indigenous Justice is richly illustrated with case studies and comprises contributions from scholars working across the fields of law, socio-legal studies, sociology, public policy, politico-legal theory, and Indigenous studies. As such, the editors of this timely and engaging volume draw upon a wide range of experience to argue for a radical shift in how we engage with Indigenous studies.

After the granting of the vote to women in 1918, the struggle for women's rights intensified with a nationwide campaign for the right to birth control. This campaign was met with a great deal of hostility; it threatened to overturn Victorian ideas about female sexuality, female empowerment and the traditional roles within the family. The most well known of the campaigners, scientist and early feminist Marie Stopes, opened clinics across England which fitted 'contraception caps' to women for free. The first history of this grassroots social movement, "Birth Control and the Rights of Women" offers a window into the social and cultural history of the period, and features new archival material in the forms of memoirs, personal papers and press cuttings. This is an essential contribution to the influential field of women's history and a vital addition to the history of feminism.

This book investigates whether and how reconciliation in Australia and other settler colonial societies might connect to the attitudes of non-Indigenous people in ways that promote a deeper engagement with Indigenous needs and aspirations. It explores concepts and practices of reconciliation, considering the structural and attitudinal limits to such efforts in settler colonial countries. Bringing together contributions by the world's leading experts on settler colonialism and the politics of reconciliation, it complements current research approaches to the problems of responsibility and engagement between Aboriginal and non-Aboriginal peoples.

How do memory and remembrance relate to the specific mode of transitional justice that lays emphasis on restoration? What is captured and what is obliterated in individual and collective efforts to come to terms with a violent past? Across this volume consisting of twelve in-depth contributions, the politics of memory in various countries are related to restorative justice under four headings: restoring trust, restoring truth, restoring land and restoring law. While the primary focus is a philosophical one, authors also engage in incisive analyses of historical, political and/or legal developments in their chosen countries. Examples of these include South Africa, Colombia, Rwanda, Israel and the land of Palestine, which they know all too well on a personal basis and from daily experience.

"Although two decades have passed since the nearly universal ratification of the UN Convention on the Rights of the Child, the realization of children's rights throughout much of the developing world continues to be a significant challenge. This collection of "essays from the field" combines accounts of the experiences and perspectives of marginalized children in ten developing countries with critical assessments of current child rights policies and strategies of intervention. In considering children living in arduous circumstances such as violent conflict, exploitative labor, incarceration, and institutional care, the collection also highlights the possibilities of enhancing the fundamental resiliency of children"--

John Rawls' text The Law of Peoples has inspired extensive scholarly debate in the field of international political theory, since its publication in 1999. Responding to the arguments of cosmopolitan theorists and Amartya Sen's recent critique, this new work presents a fresh appraisal of the debate, and argues that Rawls offers a persuasive and prescient moral perspective on issues of global poverty and development. By elaborating one of Rawls' core ideas, 'the duty of assistance', the book offers a unique theoretical response to the ideal of global justice. The duty is presented as a far-reaching principle of justice, one that advocates increasing the state capability of burdened societies, and aims to compel the most powerful states to reform international structures and provide aid, in a constructive and culturally sensitive manner. The aim of assistance is the strengthening of democratic, or 'decent' indigenous institutions and the promotion of the freedom of peoples. On Rawls, Development and Global Justice is an original contribution to current debates on international redistribution, democracy promotion and global poverty.

This book is a unique collection of alternative Muslim voices, predominantly from Europe, who come from a variety backgrounds--academia, theology, acting, activism--and who make a transformational contribution to the debate of the future of Islam and Muslims in the West. They are a selection, representing the silent majority voices many in the West so desperately want to hear.Contributors are based in a variety of European and American cities, mainly in areas where there are large number of Muslim immigrant populations. Some discuss theological issues, while others talk about their personal struggles of being a Muslim in a non-Muslim setting and hearing conflicting messages about how one is supposed to behave as a "true Muslim." They come from different ethnicities and different social and academic backgrounds.

Thousands of women are murdered every year by close relatives for allegedly violating an unwritten social code or rebelling against the patriarchal order. The book examines the roots and evolution of honor-based violence, as well as the ongoing struggle to eradicate it worldwide.

This is a comprehensive exploration of theories of citizenship and inclusiveness in an age of globalization. The authors analyze democracy and the political community in a transnational context, using new critical, conceptual and normative perspectives on the borders, territories and political agents of the state.

The Bill of Rights-the first 10 amendments to the U.S. Constitution-are widely misunderstood by many Americans. This book explores the widely held myths about the Bill of Rights, how these myths originated, why they have persisted, and the implications for contemporary politics and policy. Interestingly, most Americans today-even professional political commentators-misinterpret or misunderstand what the Bill of Rights' intended meaning and purposes were. Culturally ingrained myths about the Bill of Rights have helped to define what it means to be an "American" but also limited the range of political debate and justified unfair and unequal treatment of minorities. This book addresses the top ten myths regarding the Bill of Rights from the standpoint of public understanding (and misunderstanding) from a non-partisan, objective point of view, provoking independent thought and enabling readers to reach their own educated conclusions and opinions. Written by two experts in the fields of political science, public policy, media law, and civil liberties, the work explores the key role of modern news and entertainment media in contributing to public misunderstanding of individual rights and liberties. The authors also apply and interpret data from public opinion surveys to further examine public beliefs about the Bill of Rights and closely connect the analysis of misperceptions to existing political beliefs. Carefully separates out widely held contemporary beliefs about the Bill of Rights and connects them to debates over meaning, enabling readers to see how the meaning of rights is historically and contextually determined Explores the Bill of Rights in the context of myths that define the American political culture Provides an even-handed but incisive analysis of individual myths, pointing out where both the left and the right often misinterpret the true meaning of the Bill of Rights Places the debates regarding rights in contemporary politics and modern society by considering the complex challenge of protecting individual freedoms in the context of a digital age, international terrorism, and ongoing threats to national security

Faded Dreams paints a new picture of why racial inequality changes in America - one that challenges existing explanations by putting politics at center stage. The author argues that blacks began to catch up economically with whites mainly when government policy makers, under political pressure by blacks and backed by an important segment of the white community, pushed for greater economic equality. Similarly, the greatest obstacles to black gains in other periods have been government policies. Policy makers usually assumed away the race problem or used it against blacks and whites for political purposes, legitimating existing inequality and often making it worse. Through a systematic analysis of fifty years of data on income, education, and the kinds of jobs blacks and whites hold, Faded Dreams makes a powerful case that it takes active government to undo wage and job discrimination and to improve the education and living conditions of disadvantaged black youth.

Gypsies and Travellers have often been overlooked as victims of hate crime and discrimination. This book redresses that exclusion by shining a light on the harms of hate experienced by Gypsies and Travellers in the UK. In doing so James explores how hate permeates all aspects of their lives and identifies the hate crimes, incidents, and speech that they are subject to. It goes on to explore how hate against Gypsies and Travellers occurs as discrimination, social exclusion and criminalisation and how that hate is embedded within the language and practice of neoliberal capitalism. This book provides new insights to critical criminology and ways of understanding hate by using the critical hate studies perspective to gain a full appreciation of the harms of hate. As a consequence of this, the book is able to do justice to Gypsies' and Travellers' experiences of hate by extrapolating how harms manifest and the impact they have on Gypsies’ and Travellers’ social and personal identities. The book explains and acknowledges how hate harms imbue Gypsies' and Travellers' daily lives, including common events of serious abuse and assault, regular ill-treatment in provision of services, and everyday micro-aggressions. It argues hate experienced by Gypsies and Travellers can only be fully recognised through an analysis of the neoliberal capitalist context within which it occurs and the harmful subjective experience it engenders. The author’s expertise in this area, having carried out research with Gypsies and Travellers for 25 years, underpins the book with excellent empirical knowledge and research-informed discussion.

This book analyzes human rights and crime prevention challenges from the perspective of the 1948 Universal Declaration of Human Rights and the 2030 United Nations Sustainable Development Agenda, in particular its goal 16 on promoting peaceful, inclusive and just societies, the creation and development of which depend on the interplay between various secular and non-secular (f)actors. The book reflects on the implementation of these two legal instruments from a "back to the future" standpoint, that is, drawing on the wisdom of contributors to the 2030 Agenda from the past and present in order to offer a constructive inter-disciplinary and intergenerational approach. The book's intended readership includes academics and educationists, criminal justice practitioners and experts, diplomats, spiritual leaders and non-governmental actors; its goal is to encourage them to pursue a socially and human rights oriented drive for "larger freedom," which is currently jeopardized by adverse political currents.

The influx of millions of immigrants into the United States has profoundly impacted the nation's economy, culture, and politics. Since the founding of our country, our government has worked to control this migration by enacting different policies to deal with immigration and naturalization. Students can trace the history and development of issues surrounding these policies, as well as the reactions to them, through this unique and comprehensive collection of over 100 primary documents. Court cases, opinion pieces, and many other documents bring to life the controversies surrounding the subject of immigration. Explanatory introductions aid users in understanding each document and help to illuminate its significance to the reader.

The major laws on immigration and naturalization are included in this useful volume, and have been edited to include the principal provisions in each, thereby making them more accessible to students without compromising their quality and accuracy. These key primary documents are arranged chronologically to help the user discover what has and has not changed over the centuries. The introductory and explanatory texts help readers understand the issues being litigated, the social and cultural pressures that shaped each deate, and the ways in which biases of individual Justices and Presidents affected immigration and naturalization laws in this country.

Susan Ford Wiltshire traces the evolution of the doctrine of individual rights from antiquity through the eighteenth century. The common thread through that long story is the theory of natural law. Growing out of Greek political thought, especially that of Aristotle, natural law became a major tenet of Stoic philosophy during the Hellenistic age and later became attached to Roman legal doctrine. It underwent several transformations during the Middle Ages on the Continent and in England, especially in the thought of John Locke, before it came to justify a theory of natural right, claimed by Jefferson in the Declaration of Independence as the basis of the "unalienable rights" of Americans.

This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR - as it stands right now with the draft accession agreement - the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.

In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness-as derived from ECtHR case law-is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.

What are human rights? Why do we have them? How do we know for sure which rights are specific to humans? And how should we respond when we disagree on them and on the obligations we owe to others who claim human rights? These are just a few of the questions taken up in this broad-ranging and systematic introduction to the theory of human rights. The author draws on both traditional perspectives and current debates in the field to address key contemporary issues and conceptual questions. She asks whether or not human rights can be said to be universal, and whether human rights can encompass global justice, environmental rights and global security for future generations. In addition she explores the particular effects of differences of gender, sexuality, culture and religion on the nature of human rights in contemporary society, and the implications these might have for international legal and political regimes. Providing a comprehensive and accessible account of the key theoretical ideas in the field, this text is essential for those seeking to understand the importance of human rights in shaping the moral and political claims of individuals, cultures and societies across the world.