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The Politics of Freedom of Expression - The Decisions of the Supreme Court of the United States (Hardcover)
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The Politics of Freedom of Expression - The Decisions of the Supreme Court of the United States (Hardcover)
Series: Palgrave Socio-Legal Studies
Expected to ship within 12 - 17 working days
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The principle of content-neutrality is the cornerstone of freedom
of expression jurisprudence, protecting the core values of freedom
of speech set out in the first amendment, whilst also enabling the
government to place reasonable restrictions on protected speech.
The Politics of Freedom of Expression examines the US Supreme
Court's decision-making in freedom of expression cases, from the
Earl Warren Court in 1953 to the 2012 decisions of the John Roberts
Court, assessing the extent to which the justices take into
consideration their own political attitudes, jurisprudence and
external factors such as federal government participation. In doing
so, the book highlights the role of the civil rights movement in
developing the content-neutrality jurisprudential regime.
Establishing 'jurisprudential regime theory' as a framework for
incorporating the various factors that can affect decision-making,
the author draws on quantitative, qualitative and interpretive
methods in order to analyse the justices' changing treatment of
content-based and content-neutral cases over time. This unique
theoretical approach allows the text to push beyond the traditional
'law versus politics' debate in order to critically evaluate the
importance of content-neutrality to the Supreme Court's
decision-making, and to compare decision-making in the US with
Canada, Germany, Japan and the UK.
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