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

by Dry, Murray

• ISBN13: 9780739107461
• ISBN10: 0739107461
• Format: Hardcover
• Copyright: 2004-11-17
• Publisher: Lexington Books

Summary

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.

Author Biography

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

Table of Contents

Acknowledgments	ix
Introduction	1	(14)
Part I Religious Freedom and Freedom of Speech in the American Founding	15	(64)
The American Founding and the Puritan Origins	19	(13)
Religious Freedom and Freedom of Speech in the State Constitutions of the Confederation Period	32	(20)
The Federal Constitution and the Bill of Rights	52	(13)
The Postfounding Debate on Freedom of Speech: The Sedition Act, the Kentucky and Virginia Resolutions, and the Virginia Report	65	(14)
Part II The First Amendment Freedoms in Political Philosophy	79	(66)
Ancient Political Philosophy: Plato, Aristotle, Thucydides	81	(14)
Seventeenth-Century Political Philosophy: Bacon, Hobbes, Milton, Locke, and Spinoza	95	(25)
Montesquieu's Constitution of Liberty: The Spirit of the Laws	120	(13)
John Stuart Mill's On Liberty	133	(12)
Part III The Supreme Court's Treatment of Freedom of Speech and Religious Freedom	145	(2)
Section A Freedom of Speech	147	(72)
Seditious Libel and Fifty Years of ``Clear and Present Danger'': From Schenck to Brandenburg	149	(16)
The Preferred Position Doctrine and the Categorical Approach to Freedom of Speech: Libel	165	(13)
The Increased Protection for ``Fighting Words'' and Other ``Offensive Speech'': Obscenity, Pornography, and Commercial Speech	178	(23)
Money and Speech and the Public Forum (or Time, Place, and Manner) Doctrine	201	(18)
Section B Religious Freedom and the Constitution	219	(64)
The Free Exercise Clause	221	(21)
The Establishment Clause: I	242	(24)
The Establishment Clause: II	266	(17)
Conclusion	283	(8)
Bibliography	291	(8)
Index	299	(10)
About the Author	309