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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... wrote new state constitutions from 1776 to 1790 and the new U.S. Constitution in 1787 , they adopted the ideas of the Enlightenment thinkers on limited government and the separation of religion from government . These new constitutions ...
... wrote new state constitutions from 1776 to 1790 and the new U.S. Constitution in 1787 , they adopted the ideas of the Enlightenment thinkers on limited government and the separation of religion from government . These new constitutions ...
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... wrote the Court opinion , explained the princi- ple embodied in the religion clauses : " Conscientious scruples have not , in the course of the long struggle for religious toleration , relieved the individ- ual from obedience to a ...
... wrote the Court opinion , explained the princi- ple embodied in the religion clauses : " Conscientious scruples have not , in the course of the long struggle for religious toleration , relieved the individ- ual from obedience to a ...
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... wrote the Supreme Court opinion affirming the lower court's decision . He began by redefining the is sue in terms of speech , or forced utterance . " To sustain the compulsory flag salute we are required to say that a Bill of Rights ...
... wrote the Supreme Court opinion affirming the lower court's decision . He began by redefining the is sue in terms of speech , or forced utterance . " To sustain the compulsory flag salute we are required to say that a Bill of Rights ...
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... wrote that " no official ... can prescribe what shall be orthodox ... or force citizens to confess by word or act their faith therein , " he made it clear that required civics courses in school were a constitutional means of inculcating ...
... wrote that " no official ... can prescribe what shall be orthodox ... or force citizens to confess by word or act their faith therein , " he made it clear that required civics courses in school were a constitutional means of inculcating ...
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... wrote rhetorically . They argued against theologically based restric- tions on philosophy . They meant that philosophic freedom , the quest for truth , would not harm the body politic . Each philosopher limited freedom of speech or ...
... wrote rhetorically . They argued against theologically based restric- tions on philosophy . They meant that philosophic freedom , the quest for truth , would not harm the body politic . Each philosopher limited freedom of speech or ...
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