Freedom of Speech: A Reference Guide to the United States Constitution
This volume gives readers an analytical framework for understanding free speech jurisprudence. It takes a fresh approach to free speech methodology by breaking it into two accessible parts: substantive doctrines and procedural doctrines. This work includes informative background chapters on the history and theory of free expression. It also looks at the Supreme Court's struggle with subversive advocacy and its importance in protecting free speech. |
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Contents
A History of Freedom of Speech in the United States | 1 |
THE AMERICAN COLONIAL BACKGROUND | 5 |
THE FIRST AMENDMENT | 8 |
FROM THE EARLY NATIONAL PERIOD TO WORLD WAR I | 11 |
NOTES | 23 |
What Makes Freedom of Speech Special? | 27 |
POSITIVE JUSTIFICATIONS FOR THE FREEDOM OF SPEECH | 28 |
NEGATIVE JUSTIFICATIONS FOR THE FREEDOM OF SPEECH | 38 |
NOTES | 79 |
The Codified First Amendment | 81 |
PROVOCATIVE SPEECH | 82 |
SEXUAL EXPRESSION | 98 |
COMMERCIAL SPEECH | 118 |
SYMBOLIC EXPRESSION | 124 |
NOTES | 127 |
The Procedural First Amendment | 129 |
NOTES | 40 |
The Problem of Subversive Advocacy and the Central Meaning of Freedom of Speech | 43 |
THE WORLD WAR I CASES AND THE PROBLEM OF SUBVERSIVE SPEECH | 44 |
THE FIRST RED SCARE AND THE PROBLEM OF SUBVERSIVE ORGANIZATIONS | 50 |
THE SECOND RED SCARE AND THE PROBLEM OF SUBVERSIVE ORGANIZATIONS REVISITED | 56 |
THE CONTEMPORARY DOCTRINE OF SUBVERSIVE ADVOCACY | 62 |
NOTES | 67 |
The Central Organizing Principles of Free Speech Jurisprudence | 69 |
THE CATEGORIZATION PRINCIPLE | 70 |
THE CONTENT DISTINCTION PRINCIPLE | 72 |
THE ARCHITECTURE OF FREE SPEECH ANALYSIS | 78 |