Reclaiming the Petition Clause: Seditious Libel, "Offensive" Protest, and the Right to Petition the Government for a Redress of Grievances

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Yale University Press, Apr 24, 2012 - Law - 317 pages
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Since the 2004 presidential campaign, when the Bush presidential advance team prevented anyone who seemed unsympathetic to their candidate from attending his ostensibly public appearances, it has become commonplace for law enforcement officers and political event sponsors to classify ordinary expressions of dissent as security threats and to try to keep officeholders as far removed from possible protest as they can. Thus without formally limiting free speech the government places arbitrary restrictions on how, when, and where such speech may occur. 

 

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Contents

1 The Growing Marginalization of Dissent and the New Seditious Libel
1
2 The Growing Loss of Public Space for Collective Expression of Dissent and the Failure of Contemporary First Amendment Doctrine to Address Thi...
20
Deconstructing the Governments Security Rationale for Marginalizing Public Dissent and Dissenters
55
4 The Right of Petition in Historical Perspective and Across Three Societies
81
An Examination of the Potential Doctrinal Shape and Scope of a Reclaimed Petition Clause
153
6 The SelmatoMontgomery March as an Exemplar of Hybrid Petitioning
185
7 Conclusion
208
Notes
217
Index
307
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About the author (2012)

Ronald J. Krotoszynski, Jr., is John S. Stone Chair and Professor of Law at University of Alabama Law School in Tuscaloosa.

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