Observations of White Noise: An 'acid Test' for the First Amendment

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iUniverse, 2005 - Law - 160 pages
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Observations of White Noise An Acid Test for the First Amendment examines the current state of the First Amendment, its scope and design, and its place in popular culture.

Lawyer Marc M. Harrold candidly examines both mainstream and cutting-edge topics, including an overview of the First Amendment and its unique character in comparison with the other Amendments that comprise the Bill of Rights. In engaging fashion, he reveals the illogical reasoning behind the Supreme Court's sex-only obscenity doctrine and the over-expansive insertion of the First Amendment into tort suits between private parties where the government is not directly involved.

Advance Praise for Observations of White Noise-

"Observations of White Noise is a clear and provocative interpretation of the present state of First Amendment law as it impacts our ever-evolving culture. Marc Harrold powerfully trumpets the importance of free speech and representative government in a democratic society. Professor Harrold offers deep insights by integrating critical analysis and perspective on how judicial interpretations of our beloved First Amendment shape our nation and its culture."

-Hon. Kenneth W. Starr, Dean and Professor of Law, Pepperdine School of Law. Former Judge of the U.S. Court of Appeals, Solicitor General of the United States, Independent Counsel on the Whitewater matter, and author of FIRST AMONG EQUALS: THE SUPREME COURT IN AMERICAN LIFE.

"A timely and thoughtful exploration of the newest generation of challenges to our ongoing American debate over the meaning of the First Amendment, gracefully intertwining 'breaking news' with discussion of classic First Amendment conundrums."

Rodney A. Smolla, Dean and Professor of Law, University of Richmond School of Law and author: DELIBERATE INTENT, JERRY FALWELL V. LARRY FLYNT: THE FIRST AMENDMENT ON TRIAL, and FREE SPEECH IN AN OPEN SOCIETY..

 

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Contents

Testing the Balance of this Balancing
6
Abridging the Gap
40
The Abstract Line Analysis under
61
Judicial Elitism in America
79
The First Amendment and the Fword
102
Endnotes
115
Copyright

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