Civil Peace and the Quest for Truth: The First Amendment Freedoms in Political Philosophy and American ConstitutionalismThe freedoms of speech and religion assumed a sacrosanct space in American notions of civil liberty. But it was not until the twentieth century that these freedoms became prominent in American constitutional law; originally, the first ten amendments applied only to the federal government and not to the states. Murray Dry traces the trajectory of freedom of speech and religion to the center of contemporary debates as few scholars have done, by looking back to the American founding and to the classical texts in political philosophy that shaped the founders' understanding of republican government. By comparing the colonial charters with the new state constitutions and studying the development of the federal Constitution, Dry demonstrates the shift from governmental concern for the salvation of souls to the more limited aim of the securing of rights. For a uniquely rich and nuanced appreciation of this shift Dry explores the political philosophy of Locke, Spinoza, Montesquieu, and Mill, among others, whose writings helped shaped the Supreme Court's view of religion as separate from philosophy, as a matter of individual faith and not a community practice. Delving into the polyvalent interpretations of such fundamental concepts as truth, faith, and freedom, Civil Peace and the Quest for Truth immeasurably advances the study of American constitutional law and our First Amendment rights. |
From inside the book
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... interest in connecting American constitutional law to the American founding , and both to political philosophy , ancient and modern , originates in my graduate school study at the University of Chicago under Herbert Storing , Leo ...
... interest in connecting American constitutional law to the American founding , and both to political philosophy , ancient and modern , originates in my graduate school study at the University of Chicago under Herbert Storing , Leo ...
Page 7
... interest well understood . " 31 People understand that it is in their interest to respect the rights of others . As a result , civil peace with stability is attained when in- dividual rights are secured from other individuals as well as ...
... interest well understood . " 31 People understand that it is in their interest to respect the rights of others . As a result , civil peace with stability is attained when in- dividual rights are secured from other individuals as well as ...
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... interest " test to be upheld.44 But , the Court protects re- ligious activity on the part of student groups at public universities , as speech contributing to the marketplace of ideas.45 Do these decisions amount to a coherent view ...
... interest " test to be upheld.44 But , the Court protects re- ligious activity on the part of student groups at public universities , as speech contributing to the marketplace of ideas.45 Do these decisions amount to a coherent view ...
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... interest than their protection . " Id . 605 . 19. 319 U.S. 624 ( 1943 ) . 20. They also cited Exodus 20 : 4 , as the Gobitis family did . 21. 319 U.S. 624 , 629 . 22. The three - judge district court cited Jones v Opelika , 316 us 584 ...
... interest than their protection . " Id . 605 . 19. 319 U.S. 624 ( 1943 ) . 20. They also cited Exodus 20 : 4 , as the Gobitis family did . 21. 319 U.S. 624 , 629 . 22. The three - judge district court cited Jones v Opelika , 316 us 584 ...
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... interest test puts the bur- den on the government to justify the application of a neutral law to anyone who ob- jects on the basis of religious belief or practice . " The Court first applied the test to Free Exercise cases in 1963 and ...
... interest test puts the bur- den on the government to justify the application of a neutral law to anyone who ob- jects on the basis of religious belief or practice . " The Court first applied the test to Free Exercise cases in 1963 and ...
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