Madison s Music

Reading the First Amendment isn't easy. Consider the text: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; ...


Author: Burt Neuborne

Publisher: New Press, The

ISBN: 9781620970539

Category: Law

Page: 216

View: 601

“A detailed history of the transformation of First Amendment law” from one of the nation’s foremost civil liberties lawyers (The New York Times). Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires. “In the dark art of lawyering, Neuborne has always been considered a white knight.” —New York

First Amendment For Beginners

McWhirter, Robert J. First Amendment: An Illustrated History. Tempe, AZ: Constitution Press, 2017. Neuborne, Burt. Madison's Music: On Reading the First Amendment. New York: The New Press, 2015. Shiffrin, Steven H., Jesse H. Choper, ...


Author: Michael J. LaMonica

Publisher: Red Wheel/Weiser

ISBN: 9781939994752

Category: Political Science

Page: 176

View: 669

Join Michael LaMonica, author of French Revolutions For Beginners, as he takes you on a journey through the ins and outs of an amendment that means so much more than just freedom of speech. First Amendment For Beginners will explore some of the biggest cases ever to come before the Supreme Court and answer questions such as whether it really is okay to shout “fire” in a crowded theater, wear a T-shirt that reads “F**K THE DRAFT!” (without the asterisks) into a courthouse, burn the flag, burn your draft card, join the Communist party, sell nudie magazines, ban Ku Klux Klan marches, and publish confidential government secrets in a newspaper, to name just a few. The religion clauses are included too, with pertinent questions such as whether the First Amendment protects your right to use psychoactive drugs in religious rituals, marry multiple partners, or engage in animal sacrifice. The book also wades into the political maelstrom to examine recent controversies such as whether money really equals speech and if corporations have constitutionally protected rights to speech and religion. Whether you’re a court watcher, political junkie, history buff, civil libertarian, news enthusiast, or just curious about the most important amendment in the Constitution, this book is for you!

What is Wrong with the First Amendment

9 I would note that former national ACLU legal director Burt Neuborne has recently criticized Smith in Madison's Music: On Reading the First Amendment 134–135 (New York: The Free Press, 2015). 10 For an indispensable discussion of the ...


Author: Steven H. Shiffrin

Publisher: Cambridge University Press

ISBN: 9781107160965

Category: Law

Page: 225

View: 281

This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.

Privacy at the Margins

Oregon, 299 U.S. 353, 364 (1937) (describing the freedom of assembly and speech as “cognate” rights); Burt Neuborne, Madison's Music: On Reading the First Amendment 19–20 (2015) (explaining that the freedom to associate is an implied ...


Author: Scott Skinner-Thompson

Publisher: Cambridge University Press

ISBN: 9781107181373

Category: Law

Page: 250

View: 348

Privacy can function as an expressive, anti-subordination tool of resistance that is worthy of constitutional protection.

Politics and Capital

For a wonderful description of how democracy is the key value driving the American constitutional structure, see Burt Neuborne, Madison's Music: On Reading the First Amendment (New Press, 2015). Philosophically, democracy is predicated ...


Author: John B. Attanasio

Publisher: Oxford University Press

ISBN: 9780190847029

Category: Law

Page: 296

View: 659

This book is about good government-especially ethical and fair government. Using both theoretical methods and practical political analysis, John Attanasio shows how recent Supreme Court decisions and campaign finance regulations map onto a pernicious and growing inequality in America. He puts forward a novel solution grounded in a new principle of personal autonomy. Looking at the transformation of wealth and political influence in America, this book demonstrates that the defining campaign finance cases such as Buckley v. Valeo and Citizens United have created a new constitutional arrangement that correlates with the dramatic rise in U.S. wealth and income inequality since the 1970s. The book goes on to show that this distorted income allocation has adversely affected demand, which may be spawning American economic stagnation. The solution Attanasio proposes is the principle of "distributive autonomy," sharply contrasting it with the individualism of modern libertarian ideas, which have given rise to the radical inequality that reduces, rather than enhances, autonomy. Good governance must be centrally concerned with the distribution of freedom for all: if my autonomy matters, so does yours. Valuing the autonomy of others is authentic autonomy. Distributive autonomy is necessary to ensure that participatory democracy retains its truly democratic elements, which may be a necessary condition for long-term, prosperous capitalism. A profound synthesis of theory and practice, Politics and Capital is crucial to understanding the ominous political and economic problems besetting twenty-first century America.

Antonin Scalia and American Constitutionalism

For one response to Scalia's ideologically shaped vision of First Amendment speech rights, see Bert Neuborne, Madison's Music: On Reading the First Amendment (2015). 203 “The incumbent politician who says he welcomes full and fair ...


Author: Edward A. Purcell, Jr.

Publisher: Oxford University Press

ISBN: 9780197508787

Category: Law

Page: 288

View: 689

Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.

Interpreting the Constitution

... dispositive and should be the primary ground for determining constitutionality, rather than the balancing approach). 208. Burt Neuborne, Madison's Music: On Reading the First Amendment (New York: The New Press 2015). Chapter 10 1.


Author: Kent Greenawalt

Publisher: Oxford University Press, USA

ISBN: 9780199756155

Category: Law

Page: 502

View: 626

This book uniquely presents a sophisticated account of possible approaches to constitutional interpretation and also examines how major provisions in the U.S. Constitution are, and should be, interpreted.

Looking for Law in All the Wrong Places

12 Burt Neuborne, Madison's Music: On Reading the First Amendment (New York: New Press, 2015). 13 Support for these moves came initially not only from conservative justices but from those harboring classic progressive commitments to ...


Author: Marianne Constable

Publisher: Fordham Univ Press

ISBN: 9780823283729

Category: Law

Page: 272

View: 694

For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

EU Internet Law

13 14 15 On the First Amendment's importance and history, see B. Neuborne, Madison's Music: On Reading the First Amendment (New Press, New York, 2015). The exception is found in limited efforts to regulate child pornography, ...


Author: Andrej Savin

Publisher: Edward Elgar Publishing

ISBN: 9781789908572

Category: Law

Page: 424

View: 197

This extensively revised and updated third edition of EU Internet Law offers a state of the art overview of the key areas of EU Internet regulation, as well as a critical evaluation of EU policy-making and governance in the field. It provides an in-depth analysis of the ways in which relevant legal instruments interact, as well as comparative discussions contrasting EU and US solutions.

The Law and Ethics of Freedom of Thought Volume 1

17–20), Neuborne, B. (2011). Madison's music: On reading the First Amendment. Niker, F., Felsen, G., Nagel, S., & Reiner, P. (2021). Autonomy, evidence responsiveness, and the ethics of influence.


Author: Marc Jonathan Blitz

Publisher: Springer Nature

ISBN: 9783030844943

Category: Psychology

Page: 317

View: 895

Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.