Civil Peace and the Quest for Truth: The First Amendment Freedoms in Political Philosophy and American ConstitutionalismDry examines the U.S. Supreme Court's treatment of the First Amendment freedoms of religion and speech against the founding of the American Constitution and its philosophical underpinnings. |
From inside the book
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Page 1
... press , or the right of the people peaceably to assemble , and to petition the Government for redress of grievances . Though apparently straightforward , the First Amendment's language has produced an increasing amount of constitutional ...
... press , or the right of the people peaceably to assemble , and to petition the Government for redress of grievances . Though apparently straightforward , the First Amendment's language has produced an increasing amount of constitutional ...
Page 2
... press ) as a necessary part of political liberty . Since the two freedoms both suppose limited government , we should study them together in relation to limited government . In addition , it is often difficult to separate the claim of ...
... press ) as a necessary part of political liberty . Since the two freedoms both suppose limited government , we should study them together in relation to limited government . In addition , it is often difficult to separate the claim of ...
Page 3
... press ) , and the Constitution pro- tected federal lawmakers against any liability for what they said in the leg- islative chambers . The legal limits took the form of the English common law's " no prior restraint " rule . While ...
... press ) , and the Constitution pro- tected federal lawmakers against any liability for what they said in the leg- islative chambers . The legal limits took the form of the English common law's " no prior restraint " rule . While ...
Page 8
... press , but may justly incur punishment when delivered orally to an excited mob as- sembled before the house of a corn - dealer , or when handed about among the same mob in the form of a placard . 36 Justice Oliver Wendell Holmes turned ...
... press , but may justly incur punishment when delivered orally to an excited mob as- sembled before the house of a corn - dealer , or when handed about among the same mob in the form of a placard . 36 Justice Oliver Wendell Holmes turned ...
Page 10
... Press , 1989 ) or channeling Machiavellianism into peaceful pur- suits , as Strauss put it , Natural Right and History ( Chicago : University of Chicago , 1953 ) and What is Political Philosophy ? ( Chicago : University of Chicago Press ...
... Press , 1989 ) or channeling Machiavellianism into peaceful pur- suits , as Strauss put it , Natural Right and History ( Chicago : University of Chicago , 1953 ) and What is Political Philosophy ? ( Chicago : University of Chicago Press ...
Contents
RELIGIOUS FREEDOM AND FREEDOM OF SPEECH IN THE AMERICAN FOUNDING | 15 |
The American Founding and the Puritan Origins | 19 |
Religious Freedom and Freedom of Speech in the State Constitutions of the Confederation Period | 32 |
The Federal Constitution and the Bill of Rights | 52 |
The Postfounding Debate on Freedom of Speech The Sedition Act the Kentucky and Virginia Resolutions and the Virginia Report | 65 |
THE FIRST AMENDMENT FREEDOMS IN POLITICAL PHILOSOPHY | 79 |
Ancient Political Philosophy Plato Aristotle and Thucydides | 81 |
SeventeenthCentury Political Philosophy Bacon Hobbes Milton Locke and Spinoza | 95 |
The Preferred Position Doctrine and the Categorical Approach to Freedom of Speech Libel | 165 |
The Increased Protection for Fighting Words and Other Offensive Speech Obscenity Pornography and Commercial Speech | 178 |
Money and Speech and the Public Forum or Time Place and Manner Doctrine | 201 |
Religious Freedom and the Constitution | 219 |
The Free Exercise Clause | 221 |
The Establishment Clause I | 242 |
The Establishment Clause II | 266 |
Conclusion | 283 |
Montesquieus Constitution of Liberty The Spirit of the Laws | 120 |
John Stuart Mills On Liberty | 133 |
THE SUPREME COURTS TREATMENT OF FREEDOM OF SPEECH AND RELIGIOUS FREEDOM | 145 |
Freedom of Speech | 147 |
Seditious Libel and Fifty Years of Clear and Present Danger From Schenck to Brandenburg | 149 |
Other editions - View all
Civil Peace and the Quest for Truth: The First Amendment Freedoms in ... Murray Dry Limited preview - 2004 |
Civil Peace and the Quest for Truth: The First Amendment Freedoms in ... Murray Dry No preview available - 2004 |
Civil Peace and the Quest for Truth: The First Amendment Freedoms in ... Murray Dry No preview available - 2004 |
Common terms and phrases
Amendment American applied argued argument belief Bill of Rights chapter Christian church civil peace claim clear and present concerning concurring Congress constitutional content neutrality Court opinion criminal decision democracy democratic discussion dissenting district doctrine Establishment Clause exemption expression federal flag salute Free Exercise Clause free speech freedom of speech Holmes individual interest involved jury Justice Brennan Justice Harlan Justice Kennedy Justice O'Connor Justice Rehnquist Justice Scalia Justice Souter Justice Stevens Justice White Kiryas Joel legislative legislature Lemon test Leo Strauss liberty Locke Madison means ment Mill Milton Montesquieu natural parochial schools philosophers political position prayer prohibition protection public forum public school punishment quoted regulation religious freedom republican secular Sedition Act seditious libel Sherbert Socrates Spinoza state's statement statute supra Supreme Court thought Thucydides tion Tocqueville toleration truth winning University Press upheld violated Virginia vote worship York