Civil Peace and the Quest for Truth: The First Amendment Freedoms in Political Philosophy and American ConstitutionalismLexington Books, 2004 - 309 páginas Dry 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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... principles that Locke , Spinoza , Montesquieu , and , to a lesser extent , Bacon , Hobbes , and Milton advocated . These thinkers tried to liberate philosophy from the restraints imposed by revealed religion . To do this , they had to ...
... principles that Locke , Spinoza , Montesquieu , and , to a lesser extent , Bacon , Hobbes , and Milton advocated . These thinkers tried to liberate philosophy from the restraints imposed by revealed religion . To do this , they had to ...
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... basis for what is later called " content neutrality " in free speech cases , and it also re- sembles the neutrality approach that the Court takes in religion cases.25 The Court's " no orthodoxy " principle in Barnette provides ...
... basis for what is later called " content neutrality " in free speech cases , and it also re- sembles the neutrality approach that the Court takes in religion cases.25 The Court's " no orthodoxy " principle in Barnette provides ...
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... principle in Barnette provides a different em- phasis to American constitutionalism from the famous statement in the De- claration of Independence on the purpose of government : We hold these truths to be self - evident , that all men ...
... principle in Barnette provides a different em- phasis to American constitutionalism from the famous statement in the De- claration of Independence on the purpose of government : We hold these truths to be self - evident , that all men ...
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... principle with Nations . " ) 21 August 1787 , in Max Farrand ed . , Records of the Federal Convention ( New Haven : Yale Uni- versity Press , 1937 ) , vol . 2 , 364 . 27. See Id . 631 , where Justice Jackson quotes with approval the ...
... principle with Nations . " ) 21 August 1787 , in Max Farrand ed . , Records of the Federal Convention ( New Haven : Yale Uni- versity Press , 1937 ) , vol . 2 , 364 . 27. See Id . 631 , where Justice Jackson quotes with approval the ...
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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 | |
Outras edições - Ver tudo
Civil Peace and the Quest for Truth: The First Amendment Freedoms in ... Murray Dry Pré-visualização limitada - 2004 |
Civil Peace and the Quest for Truth: The First Amendment Freedoms in ... Murray Dry Pré-visualização indisponível - 2004 |
Civil Peace and the Quest for Truth: The First Amendment Freedoms in ... Murray Dry Pré-visualização indisponível - 2004 |
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