Annotated Bibliography: Overcriminalizing Speech

1204 Words5 Pages
Christopher McCall
Laura Retersdorf
English 1102
Annotated Bibliography
Buchhandler-Raphael, Michal. "Overcriminalizing Speech." Cardozo Law Review 36.5 (2015): 1667-1737. Academic Search Complete. Web. 26 Sept. 2016.
This source highlights the absence of the first amendment in many speech related crimes, such as conspiracy and verbal harassment. The article discusses how these are not crimes that are being committed, rather, these are crimes that are only being discussed. This raises the question of whether or not the United States is overcriminilizing speech. The article argues that in order for these crimes to seriously be considered as a criminal offense, the government needs to create an objective way of qualifying what is and is not worthy of suspending a citizen’s freedom of speech. The author discusses everything from terrorism to possession crimes, then later explores the limitations on each of these crimes, and argues how they could properly be judged for crimes. Buchhandler-Raphael discusses the differences in how these crimes could affect the population, such as the intent to inflict harm and the magnitude of that harm. The article is broken up into three main parts. Part one discusses speech crimes, breaking them into three parts: Inchoate crimes, Anticipatory/Independent endangerment crimes, and possession crimes. Part two then attempts to explain the absence of the first amendment in these cases, and part three ends the article with a discussion on

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