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Speech, Conduct, and the First Amendment

ISBN-10: 0820452955
ISBN-13: 9780820452951
Edition: 2003
List price: $38.95
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Book details

List price: $38.95
Copyright year: 2003
Publisher: Peter Lang
Publication date: 2/21/2003
Binding: Paperback
Pages: 421
Size: 6.30" wide x 9.06" long x 1.00" tall
Weight: 1.298
Language: English

Howard Schweber is associate professor of political science at the University of Wisconsin, Madison. He is the author of The Creation of American Common Law, 1850-1880 and Speech, Conduct, and the First Amendment, as well as book chapters and articles in journals such as Law and History Review, Law and Society Review, and Studies in American Political Development.

Acknowledgments
Introduction
"Congress Shall Make No Law..."
Preferred Liberties
Historical Background to the First Amendment
The Search for a Unified Reading
Some Useful Terms
"...Abridging the Freedom of Speech": From Clear and Present Danger to the Categorical Approach
Libel and the Meaning of Sedition
The Focus on Circumstances: The "Clear and Present Danger" Test, 1919-1969
The Categorical Approach: Fighting Words, Obscenity, and Libel
General Principles
Regulation of Speech in a Public Forum
Limited Forums
The Categorical Approach Revisited: Libel, Obscenity and Indecency, Sexual Harassment, and Hate Speech
Libel
Obscenity and Privacy
Defining Obscenity
Protecting Privacy
Special Protections for Children
Indecency and Public Spaces
Sexual Harassment
Hate Speech: Reconsidering the Categorical Approach
Commercial Speech
Campaign Contributions and Expenditures
Speech-Plus and Expressive Conduct; Compelled Speech and the Right of Association
Speech-Plus and Expressive Conduct
Compelled Speech and the Right of Association
Compelled Speech
Association and Compelled Association
"Congress Shall Make No Law Respecting an Establishment of Religion..."
Subsidies for Religious Activities
Endorsement
Public Prayers
Public Displays
Revisiting the Question of Legislative Intent: Endorsement and School Curricula
The Establishment Clause and the Problem of Accommodation
"...Or Prohibiting the Free Exercise Thereof"
What is a "Religion"?
What is a "Law Prohibiting the Free Exercise" of Religion?
Government as Speaker; Access Cases
Government as Speaker
Access to Public Facilities
Access to Public Support
Freedom of the Press
Prior Restraints
Libel and Invasion of Privacy
Limits on Newsgathering
Reporter's Privilege
The Special Case of Broadcast Media: The Rise and Fall of the Equal Time Doctrine
Rights of Assembly and Petition
Assembly
Petition
Three Views of the First Amendment; the First Amendment and the Problem of Equality; the Future of the First Amendment
Approaches to Understanding the First Amendment
The Affirmative Approach
The Negative Approach
Test Cases: Access and Association
Another View: The Activist Approach
The First Amendment and the Problem of Equality
The Future of the First Amendment
Table of Cases
Sources
Index

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