Today, when a single person can turn an airplane into a guided missile, no one objects to rigorous security before flying. But can the state simply declare some people too dangerous to travel, ever and anywhere? Does the Constitution protect a fundamental right to travel? Should the mode of travel (car, plane, or boat) or itinerary (domestic or international) make a constitutional difference? This book explores the legal and policy questions raised by government travel restrictions, from p...

The classic "compelling defense of free speech against its new enemies" now in an expanded edition with a foreword by George F. Will ( Kirkus Reviews)."A liberal society stands on the proposition that we should all take seriously the idea that we might be wrong. This means we must place no one, including ourselves, beyond the reach of criticism; it means that we must allow people to err, even where the error offends and upsets, as it often will." So writes ...

The author of Bearing the Cross, the Pulitzer Prize–winning biography of Martin Luther King Jr., exposes the government's massive surveillance campaign against the civil rights leaderWhen US attorney general Robert F. Kennedy authorized a wiretap of Martin Luther King Jr.'s phones by the Federal Bureau of Investigation, he set in motion one of the most invasive surveillance operations in American history. Sparked by informant reports of King's alleged invol...

A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis.The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper ...

The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of ...

Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstoo...

"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 o...

Six decades before Rosa Parks boarded her fateful bus, another traveler in the Deep South tried to strike a blow against racial discrimination—but ultimately fell short of that goal, leading to the Supreme Court’s landmark 1896 decision in Plessy v. Ferguson. Now Williamjames Hull Hoffer vividly details the origins, litigation, opinions, and aftermath of this notorious case.In response to the passage of the Louisiana Separate Car Act of 1890, which prescribed “equal but se...

Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is...

Renowned attorney and political critic Bruce Fein reveals the dangers our Constitution and our nation have faced courtesy of the Bush Administration and a Congress asleep at the switch. In blistering detail, he deconstructs the policies of Bush in the War on Terror--from the flouting of the Foreign Intelligence Surveillance Act to the crippling of the Great Writ of habeas corpus--and forecasts that the damage he's done is unlikely to be repaired quickly or easily.As Barack Obama tak...

How the government has used the Constitution to deny black Americans their legal rightsFrom the arrival of the first twenty slaves in Jamestown to the Howard Beach Incident of 1986, Yusef Hawkins, and Rodney King, federal law enforcement has pleaded lack of authority against white violence while endorsing surveillance of black rebels and using “constitutional” military force against them. In this groundbreaking study, constitutional scholar Mary Frances Berry analy...

The Constitution of the United States is the supreme law of the United States of America, and worthy of study. In formation though, the path to adoption was not without dissent: the Anti-Federalist movement was against the creation of a stronger U.S. federal government, and vocally opposed the ratification of the Constitution, because the Articles of Confederation originally gave state governments more authority. Led by Patrick Henry of Virginia, Anti-Federalists worried, among other thing...