Freedom of Speech: A Reference Guide to the United States Constitution

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Greenwood Publishing Group, 2004 - 176 strani

Although freedom of speech is regarded as a bedrock principle of American constitutionalism, the Supreme Court did not recognize it as a fundamental right worthy of strong constitutional protection until the middle of the 20th century. This work focuses on the core doctrines that constitute free speech jurisprudence. It provides a historical evolution of the doctrine and examines the key Supreme Court decisions affecting it.

This volume gives readers an analytical framework for understanding free speech jurisprudence. It takes a fresh approach to free speech methodology by breaking it into two accessible parts: substantive doctrines and procedural doctrines. This work includes informative background chapters on the history and theory of free expression. It also looks at the Supreme Court's struggle with subversive advocacy and its importance in protecting free speech.

 

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A History of Freedom of Speech in the United States
1
THE AMERICAN COLONIAL BACKGROUND
5
THE FIRST AMENDMENT
8
FROM THE EARLY NATIONAL PERIOD TO WORLD WAR I
11
NOTES
23
What Makes Freedom of Speech Special?
27
POSITIVE JUSTIFICATIONS FOR THE FREEDOM OF SPEECH
28
NEGATIVE JUSTIFICATIONS FOR THE FREEDOM OF SPEECH
38
NOTES
79
The Codified First Amendment
81
PROVOCATIVE SPEECH
82
SEXUAL EXPRESSION
98
COMMERCIAL SPEECH
118
SYMBOLIC EXPRESSION
124
NOTES
127
The Procedural First Amendment
129

NOTES
40
The Problem of Subversive Advocacy and the Central Meaning of Freedom of Speech
43
THE WORLD WAR I CASES AND THE PROBLEM OF SUBVERSIVE SPEECH
44
THE FIRST RED SCARE AND THE PROBLEM OF SUBVERSIVE ORGANIZATIONS
50
THE SECOND RED SCARE AND THE PROBLEM OF SUBVERSIVE ORGANIZATIONS REVISITED
56
THE CONTEMPORARY DOCTRINE OF SUBVERSIVE ADVOCACY
62
NOTES
67
The Central Organizing Principles of Free Speech Jurisprudence
69
THE CATEGORIZATION PRINCIPLE
70
THE CONTENT DISTINCTION PRINCIPLE
72
THE ARCHITECTURE OF FREE SPEECH ANALYSIS
78
THE PUBLIC FORUM DOCTRINE
130
THE PRIOR RESTRAINT DOCTRINE
137
THE OVERBREADTH DOCTRINE
144
THE VAGUENESS DOCTRINE
146
NOTES
147
Afterword
149
Bibliographical Essay
151
Table of Cases
167
Index
173
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O avtorju (2004)

KEITH WERHAN is the Geoffrey C. Bible & Murray H. Bring Professor of Constitutional Law at Tulane Law School. He specializes in Constitutional Law, the First Amendment, and Administrative Law, and has written widely in those areas. Professor Werhan entered the practice of law in Washington, D.C., first with a private law firm and later with the U.S. Department of Justice.

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