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. |
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Page 7
... democracy . We shall see that Spinoza , in order to secure freedom for philosophy , delib- erately blurred the distinction between a philosophic and a political quest for the truth . The acceptance of this view of the quest for truth ...
... democracy . We shall see that Spinoza , in order to secure freedom for philosophy , delib- erately blurred the distinction between a philosophic and a political quest for the truth . The acceptance of this view of the quest for truth ...
Page 8
... democracy best allowed each person to develop his rational faculties ; therefore he sup- ported freedom of speech . But Spinoza knew the difference between philo- sophic reason and non - philosophic , or democratic , reason . The ...
... democracy best allowed each person to develop his rational faculties ; therefore he sup- ported freedom of speech . But Spinoza knew the difference between philo- sophic reason and non - philosophic , or democratic , reason . The ...
Page 11
... Democracy ( New York : Basic Books , 1976 ) ; and David Lowenthal , No Lib- erty For License : The Forgotten Logic of the First Amendment ( Dallas : Spence Publish- ing Company , 1997 ) slightly revised as Present Dangers ...
... Democracy ( New York : Basic Books , 1976 ) ; and David Lowenthal , No Lib- erty For License : The Forgotten Logic of the First Amendment ( Dallas : Spence Publish- ing Company , 1997 ) slightly revised as Present Dangers ...
Page 12
... Democracy in America , translated by Harvey C. Mans- field and Delhi Winthrop ( Chicago : University of Chicago Press , 2000 ) vol . 1 part two , chapter eight , 500-503 ( hereinafter cited as Democracy in America ) . 32. I include ...
... Democracy in America , translated by Harvey C. Mans- field and Delhi Winthrop ( Chicago : University of Chicago Press , 2000 ) vol . 1 part two , chapter eight , 500-503 ( hereinafter cited as Democracy in America ) . 32. I include ...
Page 13
... Democracy ? Judicial Usurpation of Politics . 15 ; The Tempting of America : The Po- litical Seduction of the Law ( New York : Free Press , 1990 ) , 126-28 , 246-47 , 333-36 ; Slouching toward Gomorrah : Modern Liberalism and American ...
... Democracy ? Judicial Usurpation of Politics . 15 ; The Tempting of America : The Po- litical Seduction of the Law ( New York : Free Press , 1990 ) , 126-28 , 246-47 , 333-36 ; Slouching toward Gomorrah : Modern Liberalism and American ...
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