Suchergebnisse

Frontmatter -- Contents -- Foreword -- Acknowledgments -- Introduction -- Chapter 1 From the Revolution to the Bill of Rights and Beyond -- Chapter 2 The Historical Background of the Fourteenth Amendment -- Chapter 3 The Framing of the Fourteenth Amendment -- Chapter 4 In Which Some Arguments Against Application of the Bill of Rights to the States Are Analyzed -- Chapter 5 The Amendment Before the States -- Chapter 6 Congressional Interpretation -- Chapter 7 The Amendment Before the Courts (Part One) -- Chapter 8 The Amendment Before the Courts (Part Two) -- Conclusion -- Notes -- Index

Freedom of speech, press, assembly, and petition have long been
celebrated as crucial to democratic government. (I will often
refer to these rights collectively as 'freedom of
expression' or as 'freedom of speech'.) United States
Supreme Court decisions have, quite rightly, justified strong
protection of these freedoms because of their crucial role in the
functioning of American democracy. (Of course, there are other
justifications as well, but I will not discuss them in this paper.)

v. 1. An introduction to American Constitutional Law -- National power : Article I and the powers and limits of Congress -- Limits on federal power : the federal structure, the 10th Amendment, and state sovereign immunity -- Powers and limits of the federal courts -- The role of the President -- Limits on state power : preemption, the Dormant Commerce Clause, and the Privileges and Immunities Clause -- The incorporation of the Bill of Rights -- Substantive due process -- v. 2. Procedural due process -- Freedom of speech and press. pt. I. Overview : a graphic review of the 1st Amendment ; pt. II. The 1st Amendment and government control of the content of expression ; pt. III. The 1st Amendment : restrictions on time, place, and manner of expression--regulating governmental property ; pt. IV. The 1st Amendment and limits on political campaigns -- Freedom of religion -- Equal protection -- Governmental actors, private actors, and the scope of the 13th and 14th Amendments