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

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

by Milton R Konvitz
     
 

ISBN-10: 0765809540

ISBN-13: 9780765809544

Pub. Date: 11/26/2003

Publisher: Transaction Publishers

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,

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Overview

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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Product Details

ISBN-13:
9780765809544
Publisher:
Transaction Publishers
Publication date:
11/26/2003
Edition description:
W/a New Introduction by the Author
Pages:
452
Product dimensions:
5.93(w) x 8.94(h) x 1.15(d)

Table of Contents

Transaction Introduction
Preface
Pt. IFreedom of Religion
1The Roots and the Flower3
2What Is a Church?10
3Before 177617
4The Virginia Experiment21
5The First Amendment30
6The Fourteenth Amendment34
7Is Freedom of Religion an Absolute?40
8The Police Power44
9The Principle of Separation of Church and State52
10The Liberty of Private Schools82
11The Liberty of Churches88
12The Law Knows No Heresy98
13The Right of Seek Converts102
Pt. IIFreedom of Speech, Press, and Assembly
14The Freedom Not to Speak109
15The Freedom Not to Listen119
16The Right to Be Let Alone128
17Fighting Words153
18Obscene Literature157
19Previous Restraint173
20Picketing in Labor Disputes194
21Texas on Knowledge202
22Limited abridgments of Speech and Press209
23Test Oaths and the Freedom to Think and Believe217
24Loyalty Oaths and Guilt by Association229
Pt. IIIFreedom of Speech, Press, and Assembly: The Clear and Present Danger Doctrine
25The Original Meaning of the Doctrine275
26History of the Doctrine280
27The Doctrine Reduced to a Phrase: Dennis v. United States307
28The Loss of a Constitutional Jewel?334
AppAdoption of the Bill of Rights345
Notes363
Table of Cases407
Afterword415
Index447

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