Reflections on Freedom of Speech and the First AmendmentUniversity Press of Kentucky, 16. 2. 2007 - Počet stran: 336 The guarantee of free speech enshrined in the U.S. Bill of Rights draws upon two millennia of Western thought about the value and necessity of free inquiry. Acclaimed legal scholar George Anastaplo traces the philosophical development of the idea of free inquiry from Plato's Apology to Socrates to John Milton's Areopagitica. He describes how these seminal texts and others by such diverse thinkers as St. Paul, Thomas More, and John Stuart Mill influenced the formation and the earliest applications of the First Amendment. Anastaplo also focuses on the critical free speech implications of a dozen Supreme Court cases and shows how First Amendment interpretations have evolved in response to modern events. Reflections on Freedom of Speech and the First Amendment grounds its vision of America's most basic freedoms in the intellectual traditions of Western political philosophy, providing crucial insight into the legal challenges of the future through the lens of the past. |
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... means, among other things, that a vocabulary is used which had been shaped somewhat by the philosophical tradition. This may be seen in the recourse to phusis, or nature, a term which does not have its equivalent in the Hebrew Bible ...
... means that the typical citizen looks outward, rather than inward, for guidance. Perhaps reliance on the conscience was likely, if not even necessary, inasmuch as Christians repudiated that primacy of the political and social order found ...
... mean, for example, that one would, if execution was called for, be beheaded rather than be crucified. The Roman Catholic Church, it can be said, inherited and adapted to its spiritual purposes the legal apparatus of the Roman state ...
... means that the National freedom of speech extends to the consideration of how a people should organize itself and thereafter live. VI. It is evident, from the opening part of the Thomas More petition, that the Speaker anticipates that he ...
... means, in effect, that the activity of publishing will be treated like most other activities of which the law takes notice. Thus, the publisher (or printer) would always have the benefit, in his dealings with government, of due process ...
Obsah
Private Property and Public Freedom | |
Buckley v Valeo 1976 | |
The Regulation of Commercial Speech | |
The Universal Declaration of Human Rights 1948 | |
The Future of the First Amendment? | |
A The Declaration of Independence 1776 | |
B The United States Constitution 1787 | |
The Amendments to the United States Constitution 17911992 | |
The Sedition Act of 1798 | |
Freedom of Speech and the Coming of the Civil | |
A Defense of Justice Black 1937 | |
Schenck v United States 1919 Abrams v United States 1919 | |
Debs v United States 1919 Gitlow v New York 1925 | |
Winston S Churchill and the Cause of Freedom | |
Dennis v United States 1951 the Rosenberg Case 19501953 | |
Cohen v California 1971 Texas v Johnson 1989 | |
The Pentagon Papers Case 1971 | |
Obscenity and the | |
Thomas More Petition to Henry VIII on Parliamentary Freedom of Speech 1521 | |
E The Virginia Statute of Religious Liberty 1786 | |
F Some Stages of the ReligionSpeechPressAssemblyPetition Provisions in the First Congress 1789 | |
G The Sedition Act 1798 | |
H The Virginia Resolutions 1798 | |
J Thomas Jefferson the First Inaugural Address 1801 | |
K Schenck v United States Leaflet 1917 | |
The Universal Declaration of Human Rights 1948 | |
George Anastaplo On the Alcatraz Imprisonment of a Convicted | |
N George Anastaplo An ObscenityRelated Case from Dallas 1989 | |
O Cases and Other Materials Drawn | |
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Reflections on Freedom of Speech and the First Amendment George Anastaplo Náhled není k dispozici. - 2007 |