Civil Peace and the Quest for Truth: The First Amendment Freedoms in Political Philosophy and American Constitutionalism
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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The Federal Constitution and the Bill of Rights
The Postfounding Debate on Freedom of Speech The Sedition Act the Kentucky and Virginia Resolutions and the Virginia Report
THE FIRST AMENDMENT FREEDOMS IN POLITICAL PHILOSOPHY
Ancient Political Philosophy Plato Aristotle and Thucydides
SeventeenthCentury Political Philosophy Bacon Hobbes Milton Locke and Spinoza
The Preferred Position Doctrine and the Categorical Approach to Freedom of Speech Libel
The Increased Protection for Fighting Words and Other Offensive Speech Obscenity Pornography and Commercial Speech
Money and Speech and the Public Forum or Time Place and Manner Doctrine
Religious Freedom and the Constitution
The Free Exercise Clause
The Establishment Clause I
The Establishment Clause II
Montesquieus Constitution of Liberty The Spirit of the Laws
John Stuart Mills On Liberty
THE SUPREME COURTS TREATMENT OF FREEDOM OF SPEECH AND RELIGIOUS FREEDOM
Freedom of Speech
Seditious Libel and Fifty Years of Clear and Present Danger From Schenck to Brandenburg
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Civil Peace and the Quest for Truth: The First Amendment Freedoms in ...
Limited preview - 2004
Amendment American applied argued argument belief Bill of Rights chapter Chicago Christian church civil peace claim clear and present concerning concurring Congress constitutional content neutrality conviction Court opinion criminal decision democracy democratic discussion dissenting district doctrine Establishment Clause exemption expression federal flag burning flag salute Free Exercise Clause free speech freedom of speech Holmes individual interest jury Justice Brennan Justice Harlan Justice Kennedy Justice O'Connor Justice Rehnquist Justice Scalia Justice Souter Justice Stevens Justice White 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 Socrates Spinoza state's statement statute supra Supreme Court thought Thucydides tion Tocqueville toleration truth winning upheld violated Virginia vote worship York
Page 20 - Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.
Page 35 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.