Freedom of Speech: Rights and Liberties Under the LawAn innovative narrative approach combines history, politics, and legal doctrine to explore the origin and evolution of Americans' constitutional right to free speech. The volume traces the origins of the freedom in English law and its development through the founding of the United States, and examines how the unique struggles of 19th century Americans over such issues as political parties, slavery, women's rights, and economic inequality transformed this traditional English right into a distinctively American one. The book outlines the ways in which the U.S. Supreme Court became the prime interpreter of the meaning of free speech and introduces readers to current court rulings on the First Amendment. It also speculates about the political and legal developments likely to emerge in the new century.
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Contents
| 1 | |
Origins and Early Development | 41 |
Freedom and Civil War | 82 |
The Twentieth Century | 97 |
The Future of the Freedom of Speech | 161 |
Key People Cases and Events | 183 |
Documents | 235 |
Benjamin Franklin An Apology for Printers | 241 |
Carolene Products Co v United States 304 U | 297 |
New Hampshire 315 U S 568 1942 | 303 |
United States 341 U S 494 1951 | 310 |
United States 354 U S 476 1957 | 316 |
Connecticut 302 U S 319 1937 296 | 319 |
Des Moines 393 U S 503 1969 | 323 |
California 413 U S 15 1973 | 329 |
Convention on the Elimination of All Forms | 335 |
Resolution 1800 | 256 |
Alexander Hamiltons Speech in Harry Croswells | 261 |
Fourteenth Amendment U S Constitution Section 1 | 272 |
Its Theory and Practice | 279 |
Zechariah Chafee Jr from The New Republic | 285 |
New York 268 U S 652 1925 | 292 |
Chronology | 349 |
Table of Cases | 361 |
Index | 371 |
About the Author | 395 |
Common terms and phrases
action Amendment American applied argued arguments authority believed Bill of Rights Black called cause century charged City civil clear common Communist concerning conduct Congress considered constitutional constitutionally criminal criticism danger debate decision defended discussion doctrine early effect English equal expression fact federal fighting force free speech freedom of speech groups hand held hold human ideas important individual interest involved issues John judges Justice labor legislative libel liberty limited majority matter means ment moral nature obscenity opinion Party passed peace person political present President principle printed progress prosecution protected provision published punish question radical reason regulations religious restrictions rule social society standards Supreme Court things thought tion truth twentieth century Union United University views violation writing York
Popular passages
Page 286 - We admit that in many places and in ordinary times the defendants, in saying all that was said in the circular, would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic.
Page 333 - It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.
Page 237 - I deny not, but that it is of greatest concernment in the church and commonwealth, to have a vigilant eye how books demean themselves as well as men; and thereafter to confine, imprison, and do sharpest justice on them as malefactors...
Page 316 - All ideas having even the slightest redeeming social importance — unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion — have the full protection of the guaranties, unless excludable because they encroach upon the limited area of more important interests. But implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance.
Page 305 - If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein If there are any circumstances which permit an exception, they do not now occur to us.
Page 32 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Page 288 - I think that we should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death, unless they so imminently threaten immediate interference with the lawful and pressing purposes of the law that an immediate check is required to save the country.
Page 135 - The basic guidelines for the trier of fact must be (a) whether "the average person, applying contemporary community standards...
Bibliographic information
| Title | Freedom of Speech: Rights and Liberties Under the Law America's freedoms |
| Author | Kenneth Ira Kersch |
| Publisher | ABC-CLIO, 2003 |
| ISBN | 1576076008, 9781576076002 |
| Length | 395 pages |
| Export Citation | BiBTeX EndNote RefMan |