Civil Peace and the Quest for Truth: The First Amendment Freedoms in Political Philosophy and American Constitutionalism

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Lexington Books, 2004 - Law - 309 pages
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.
 

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
Bibliography
291
Index
299
About the Author
Copyright

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About the author (2004)

Murray Dry is Charles A. Dana Professor of Political Science at Middlebury College.