Civil Peace and the Quest for Truth The First

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.

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

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

(138)

Freedom of Speech

147

(2)

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

(20)

Religious Freedom and the Constitution

219

(2)

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

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

Summary

Author Biography

Table of Contents

Supplemental Materials