Table of Contents
Preface ix
Chapter 1 The Court and the Individual 1
In the Beginning: Few Rights and Narrow Protection, 1789-1865 2
The Civil War Amendments 4
Freedom for Ideas 12
Political Rights 13
Equality Before the Law 16
Fundamental Fairness 18
Chapter 2 Freedom for Ideas: The First Amendment and the Right to Believe, to Speak, to Assemble, to Petition, and to Publish 22
The First Amendment 23
Government Restraints 25
The Task of Balancing 28
The Search for a Standard 30
Freedom of Speech 33
Seditious Speech and National Security 34
Public Speech and Public Safety 49
The Freedom of Assembly 63
Freedom of the Press 83
Prior Restraint: Censorship 85
Subsequent Punishment: Libel 96
A Free Press Versus the Right to a Fair Trial 110
Access and Confidentiality 116
Freedom of Religion 125
The Free Exercise of Religion 127
Establishment of Religion 141
Chapter 3 The Rights of Political Participation 171
Fair Elections and the Right to Vote 174
The Right and the Power: A Narrow View 174
Pattern of Exclusion 177
The Right and the Power: A Broad View 185
The Right to an Equal Vote 192
Congress, Districts, and People 192
House Districts: Strict Equality 200
State Districts: More Leeway 202
Bush V. Gore: Deciding Who Becomes President 209
Freedom of Political Association 217
Communism and Cold War 220
Political Association: A Contemporary View 244
Chapter 4 The Second Amendment and the Right to Bear Arms 252
Only Federal Gun Laws Limited 252
Second Amendment Revival: A Loss for the District of Columbia's Handgun Ban 254
Chapter 5 Crime and Punishment 259
The Long March toward Today'sBill of Rights 260
A Fair Trial by Jury 267
The Right to a Jury Trial 267
The Right to a Speedy Trial 278
The Right to Confront Witnesses 281
Search and Seizure 286
The Neutral Magistrate 287
Probable Cause 288
Property, Papers, and Effects 289
Arrests and Searches 292
Electronic Eavesdropping 309
Self-Incrimination 313
Privilege and Immunity 314
Expanding Protection 316
Coerced Confessions 317
Confessions and Counsel 320
The Aid of Legal Counsel 328
A Fundamental Right 328
The Appointment of Counsel 329
Double Jeopardy 338
One Trial per Sovereign 338
State Action 339
Resentencing Restrictions 340
Appealing Dismissals 340
One Offense, Two Trials? 342
Fines and Forfeitures 342
Cruel and Unusual Punishment 344
The Eighth Amendment and the States 344
Prison Conditions 346
Capital Punishment 347
Chapter 6 Equal Rights and Equal Protection of the Laws 366
What Is Equal Protection? 367
Modern Standard 368
Racial Classifications 370
Discrimination against Aliens 370
Sex Discrimination 370
Fundamental Interests 371
Racial Equality 374
Segregation under Attack 375
Equal Opportunity for Education 381
Travel and Public Accommodations 406
The Right to Fair Housing 414
Equal Employment Opportunity 421
Affirmative Action 427
Equal Protection: The Alien and the Poor 440
Aliens and the Law 440
Poverty and Equal Protection 446
Sex Discrimination 453
"Romantic Paternalism" 453
The Search for a Standard 454
Discrimination in Employment 462
Chapter 7 Liberty and Privacy 474
Origins of Personal Privacy 476
Abortion, Roe v. Wade, and the Controversy that Never Ends 480
A Limited "Right to Die" 487
Gay Rights 490
Reference Materials 499
Glossary of Legal Terms 501
Sources of Supreme Court Decisions 504
How to Read a Court Citation 505
Supreme Court Justices 506
Constitution of the United States 512
Selected Bibliography 523
Illustration Credits and Acknowledgements 529
Subject Index 531
Case Index 557
