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| Preface | |
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| Acknowledgments | |
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| Introduction: Judicial Defense of Civil Liberties and Civil Rights | |
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| What Courts Do | |
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| How Do We Know What the Constitution Means? | |
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| The Fourteenth Amendment and the "Incorporation" of the Bill of Rights | |
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| The Checkered History of Judicial Defense of Rights and Liberties | |
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| Legislative Protections for Rights and Liberties | |
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| Continuing Controversy: Why So Many Questions? | |
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| References | |
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| The First Amendment and Freedom of Expression | |
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| Introduction | |
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| What is "freedom of speech"? | |
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| How has the Court justified limits on the expression of ideas? | |
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| Shouldn't we ban dangerous ideas? | |
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| May the government punish those who engage in "hate speech"? | |
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| Why must society tolerate obscenity? | |
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| Why does the government permit sexually explicit material to invade our homes over the Internet? | |
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| Why not require that people in public debate tell the truth? | |
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| How is burning the American flag a form of free speech? | |
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| Why should a democratic society tolerate the expression of views that are offensive to the majority? | |
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| References | |
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| Freedom of Religion | |
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| Introduction | |
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| Why can't government help advance the religious values that the majority of Americans share? | |
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| Are there limits on a person's right to practice his or her religion? | |
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| Doesn't banning "voluntary prayer" in public schools interfere with children's freedom of religion? | |
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| If secular groups are allowed access to the schools, shouldn't religious groups have the same rights? | |
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| Doesn't teaching evolution in the schools amount to the establishment of secular religion? | |
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| Is the separation of Church and state breaking down? | |
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| References | |
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| Equality Under the Constitution | |
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| Introduction | |
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| How does the Constitution make us equal? | |
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| If the Constitution commands "equal protection of the laws," why was racial segregation permitted for so long? | |
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| Why did the courts order "forced busing"? | |
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| Isn't "affirmative action" just another form of racial or sexual discrimination? | |
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| Do we still need a new Equal Rights Amendment (ERA) to secure gender equality? | |
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| How do you know if you are a victim of unconstitutional discrimination? | |
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| References | |
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| Privacy and Individual Autonomy | |
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| How much privacy do we have a right to expect? | |
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| How did the "right to privacy" lead to a woman's right to have an abortion? | |
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| Does a fetus's "right to life" ever count more than a woman's right to privacy? | |
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| When may the state regulate private sexual relationships between consenting adults? | |
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| Why doesn't the "right to privacy" include the right to decide to end our lives? | |
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| References | |
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| Contemporary Issue of Equality and Freedom | |
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| Introduction | |
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| What use are rights and liberties if you lack the resources to take advantage of them? | |
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| What use is freedom of speech if no one can hear you? | |
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| Is it possible for the wealthy few to dominate public debate and stifle the "free marketplace of ideas"? | |
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| Does the Constitution protect us from private institutions which interfere with our liberties and rights? | |
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| References | |
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| Conclusion: What Is the Future of Civil Rights and Civil Liberties in America? | |
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| References | |
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| The Constitution of the United States | |
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| Index | |