The Neglected History of the Prior Restraint Doctrine

Released on by Michael I. Meyerson
preview-18

  • The Neglected History of the Prior Restraint Doctrine Book Detail

  • Author : Michael I. Meyerson
  • Release Date : 2009
  • Publisher :
  • Genre :
  • Pages : 49
  • ISBN 13 :
  • File Size : 8,8 MB
DOWNLOAD BOOK

The Neglected History of the Prior Restraint Doctrine by Michael I. Meyerson PDF Summary

Book Description: The prior restraint doctrine, once so fundamental to Constitutional Jurisprudence, has lost much of its effectiveness over the years. Nevertheless, prior restraint doctrine is crucial to preserving the line between protected and unprotected speech. One of the fundamental problems that contribute to the current ineffectiveness of prior restraint doctrine is that there exists no comprehensive definition of quot;prior restraintquot;. This article chronicles the historical roots of prior restraint in order to arrive at a generally accepted legal definition. Through the course of this historical journey, the article yields a heretofore unexplored aspect of prior restraint doctrine, namely that prior restraint embodies principles of both free speech and separation of powers. The history of prior restraint begins in the Fifteenth Century, not coincidentally around the time of invention of the Gutenberg printing press. This article traces censorship laws in England from their inception. It chronicles the growing dissent against prior restraint, beginning with the Seventeenth Century scholars who spoke out against prior restrain. The article then discusses the movement for juror autonomy that grew out of the Eighteenth Century and the laws of the Nineteenth Century enjoining prior restraint on libelous statements. The article traces the transition of prior restraint doctrine to the American Colonies, through the revolution, the cases leading up to Near v. Minnesota in 1931, and to its current permutations. Using this extensive historical background, the article fully and comprehensively defines prior restraint and connects it to the fundamental doctrine of separation of powers.

Disclaimer: www.yourbookbest.com does not own The Neglected History of the Prior Restraint Doctrine books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

The Permission Society

The Permission Society

File Size : 72,72 MB
Total View : 3350 Views
DOWNLOAD

Throughout history, kings and emperors have promised “freedoms” to their people. Yet these freedoms were really only permissions handed down from on high. T

Special Issue: Human Rights

Special Issue: Human Rights

File Size : 24,24 MB
Total View : 3555 Views
DOWNLOAD

Presents advanced scholarship on human rights. This work examines both the theoretical dimensions and dilemmas of human rights in the modern world and particula

The First Amendment

The First Amendment

File Size : 85,85 MB
Total View : 8770 Views
DOWNLOAD

From the same authorship team behind the highly successful Constitutional Law and among the leading casebooks in the field, The First Amendment provides a compr