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The Cosmopolitan First Amendment
Protecting Transborder Expressive and Religious Liberties

$37.99 (C)

  • Date Published: August 2015
  • availability: Available
  • format: Paperback
  • isbn: 9781107547216

$ 37.99 (C)

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About the Authors
  • We live in an interconnected world in which expressive and religious cultures increasingly commingle and collide. In a globalized and digitized era, we need to better understand the relationship between the First Amendment to the United States Constitution and international borders. This book focuses on the exercise and protection of cross-border and beyond-border expressive and religious liberties, and on the First Amendment's relationship to the world beyond U.S. shores. The examination reveals a cosmopolitan First Amendment that protects robust cross-border conversation and commingling, facilitates the global spread of democratic principles, recognizes expressive and religious liberties regardless of location, is influential across the world despite its exceptionalist character, and encourages respectful engagement with the liberty regimes of other nations. The cosmopolitan First Amendment is the product of a variety of historical, social, political, technological, and legal developments. Its principles and justifications are presented through an examination of the First Amendment's relationship to foreign travel, immigration, cross-border communication and association, religious activities that traverse international borders, conflicts among foreign and U.S. speech and religious liberty models, and the conduct of international affairs and diplomacy.

    • Unlike other works on the First Amendment, which focus on domestic concerns, this book focuses on issues that arise when expression and religious practices traverse US borders
    • Offers a unique set of justifications for treating transborder liberties as core rather than peripheral First Amendment concerns
    • Provides an historical narrative that reveals the First Amendment's cosmopolitan origins and justifications
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    Reviews & endorsements

    "Recent debates about the use of foreign law in American courts exemplify a growing awareness that law is no longer strictly a domestic matter. Timothy Zick's thorough and spirited arguments for recognizing the cross-border implications of the First Amendment's protection of freedom of speech, press, and religion relate closely to these larger issues of cosmopolitan law more broadly. The book is essential reading not only for those who agree with Zick's advocacy of a cosmopolitan First Amendment, but also for those who believe that a cosmopolitan understanding of law more generally would require the First Amendment to cut back its degree of protection."
    Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia

    "Global problems require global solutions - and this basic truth applies with full force in the case of expressive and religious freedoms no less than in other contexts. Professor Zick’s masterful work demonstrates quite persuasively that we now live in a globalized marketplace of ideas and why this fact requires us to consider carefully how other democratic polities define the shape and scope of expressive and religious freedoms. Moreover, he argues persuasively that if we wish to secure these precious civil liberties effectively - both at home and abroad - a more global, or cosmopolitan, vision of the First Amendment will be required. The Cosmopolitan First Amendment represents an important contribution to this essential dialogue."
    Ronald J. Krotoszynski, Jr, John S. Stone Chair, Professor of Law, and Director of Faculty Development University of Alabama School of Law

    "This is an elegant reflection and celebration of the global resonance of America’s robust embrace of freedom of speech and religious liberty. Zick’s storytelling is graceful and engaging, and his arguments forceful and persuasive."
    Rodney Smolla, First Amendment Scholar and Litigator

    "… innovative … Zick makes a persuasive case for the cosmopolitan perspective."
    Eric Barendt, International and Comparative Law Quarterly

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    Product details

    • Date Published: August 2015
    • format: Paperback
    • isbn: 9781107547216
    • length: 460 pages
    • dimensions: 229 x 152 x 24 mm
    • weight: 0.61kg
    • availability: Available
  • Table of Contents

    Part I. Scope and Theory:
    1. The First Amendment's transborder dimension
    2. Transborder perspectives: provincialism and cosmopolitanism
    Part II. Conversation and Commingling:
    3. Mobility and expressive liberties
    4. Cross-border communication and association
    5. Falsely shouting fire in a global theater
    6. Expressive liberties beyond US borders
    7. Transborder religious liberties
    Part III. The Community of Nations:
    8. The First Amendment in international forums
    9. Cosmopolitan engagement
    10. Exporting the First Amendment.

  • Author

    Timothy Zick, William and Mary Law School
    Timothy Zick is Professor of Law at William and Mary Law School. Professor Zick has twice been selected for a College of William and Mary Plumeri Award for teaching excellence and has been appointed the Cabell Research Professor and the Robert and Elizabeth Scott Research Professor. He has testified before Congress on free speech issues and has been a frequent commentator on the First Amendment in print and other media. Professor Zick is the author of Speech out of Doors: Preserving First Amendment Liberties in Public Places (Cambridge, 2008).

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