Fundamental Liberties of a Free People: Religion, Speech, Press, Assembly

Přední strana obálky
Transaction Publishers, 30. 11. 2002 - Počet stran: 452

Of the American Bill of Rights, perhaps the forty-five words that comprise the First Amendment-allowing freedom of religion, speech, press, and assembly, and the guaranty of the writ of habeas corpus-are the most precious. Only a legal expert could lay claim to truly understanding the meaning and intention of those basic freedoms. Yet it is precisely the expert, knowing the complexity of the subject, who would be the first to hesitate to claim to possess such a thorough understanding. In analyzing such freedoms basic to American society, Milton Konvitz helps make comprehending our fundamental liberties easier.

The book is divided into three parts: I. Freedom of Religion; II. Freedom of Speech, Press, and Assembly; III. Freedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine. The reader will find included such topics as the debate over the scope of the separation of Church and State, whether or not freedom of religion is an absolute right, religious freedom prior to 1776, the liberty of private schools, heresy, the right for a religious group to seek converts, the freedoms not to speak and listen, obscene literature, picketing in labor disputes, the freedom to think and believe, abridgments of speech and press, and loyalty oaths and guilt by association.

Konvitz's work includes an important chapter on the history of the adoption of the Bill of Rights. His careful tracing of the development of constitutional attitudes to the freedoms protected by the First Amendment is a scholarly benchmark, and is still an archetype for students doing research and writing about these issues. It is of critical importance to anyone seeking an authoritative statement on the basic liberties guaranteed by the First Amendment to the United States Constitution.

Fundamental Liberties of a Free People is a relevant and practical guide to understanding the liberties so fundamental to a free society. In his new introduction and afterword, author Milton Konvitz brings First Amendment developments up to 2002. It will be welcomed by students and scholars of constitutional law, government, politics, religion, and American history.

 

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Obsah

The Roots and the Flower
1
What Is a Church?
8
Before 1776
15
The Virginia Experiment
19
The First Amendment
28
The Fourteenth Amendment
32
Is Freedom of Religion an Absolute?
38
The Police Power
42
Obscene Literature
155
Previous Restraint
171
Picketing in Labor Disputes
192
Taxes on Knowledge
200
Limited Abridgments of Speech and Press
207
Test Oaths and the Freedom to Think and Believe
215
Loyalty Oaths and Guilt by Association
227
Freedom of Speech Press and Assembly The Clear and Present Danger Doctrine
271

The Principle of Separation of Church and State
50
The Liberty of Private Schools
80
The Liberty of Churches
86
The Law Knows No Heresy
96
The Right to Seek Converts
100
Freedom of Speech Press and Assembly
105
The Freedom Not to Speak
107
The Freedom Not to Listen
117
The Right to Be Let Alone
126
Fighting Words
151
The Original Meaning of the Doctrine
273
History of the Doctrine
278
The Doctrine Reduced to a Phrase Dennis v United States
305
The Loss of a Constitutional Jewel?
332
Adoption of the Bill of Rights
343
Notes
361
Table of Cases
405
Afterword
413
Index
445
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