Civil Peace and the Quest for Truth: The First Amendment Freedoms in Political Philosophy and American ConstitutionalismLexington Books, 2004 - 309 páginas The 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. |
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... flag and to say the following : " I pledge allegiance to my flag , and the Republic for which it stands ; one nation indivisible , with liberty and justice for all . " The Gobitis family , affiliates of the Jehovah's Witnesses , were ...
... flag and to say the following : " I pledge allegiance to my flag , and the Republic for which it stands ; one nation indivisible , with liberty and justice for all . " The Gobitis family , affiliates of the Jehovah's Witnesses , were ...
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... flag salute had no basis in religious belief ? The Court answered that question when it decided the second flag salute case , West Virginia State Board of Education v Barnette.19 The plaintiffs , Wal- ter Barnette and his children ...
... flag salute had no basis in religious belief ? The Court answered that question when it decided the second flag salute case , West Virginia State Board of Education v Barnette.19 The plaintiffs , Wal- ter Barnette and his children ...
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... flag in public schools . Justice Jackson's opinion in Barnette placed a more hardy emphasis on individual freedom without de- parting from the Declaration's " self - evident truth . " First , he would have re- quired a greater threat to ...
... flag in public schools . Justice Jackson's opinion in Barnette placed a more hardy emphasis on individual freedom without de- parting from the Declaration's " self - evident truth . " First , he would have re- quired a greater threat to ...
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... flag burning , or pornography on the Internet . " In- deed , the Court's compromising approach to campaign finance— " money is speech , " but contributions may be limited while independent expenditures may not be has drawn criticism ...
... flag burning , or pornography on the Internet . " In- deed , the Court's compromising approach to campaign finance— " money is speech , " but contributions may be limited while independent expenditures may not be has drawn criticism ...
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... flag salute school exercise is constitutional , whereas volun- tary prayer in public schools is not . On July 26 , 2002 , the ninth circuit , voting 2-1 , decided that the 1954 amendment to the Pledge of Allegiance ( adding " under God ...
... flag salute school exercise is constitutional , whereas volun- tary prayer in public schools is not . On July 26 , 2002 , the ninth circuit , voting 2-1 , decided that the 1954 amendment to the Pledge of Allegiance ( adding " under God ...
Índice
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 |
Bibliography | 291 |
299 | |
About the Author | |
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Palavras e frases frequentes
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