Pierce V. Society of Sisters (1925), Gitlow V. New York (1925). PDF Download

Author: Philip B. Kurland
Publisher:
ISBN:
Category :
Languages : en
Pages : 761

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Author: United States. Supreme Court
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 761

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Author: Gerald Gunther
Publisher:
ISBN:
Category :
Languages : en
Pages : 761

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Author: Milton Konvitz
Publisher: Routledge
ISBN: 1351518313
Category : Law
Languages : en
Pages : 278

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Book Description
One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of

Author: Paul Finkelman
Publisher: Routledge
ISBN: 113594704X
Category : Law
Languages : en
Pages : 2076

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Book Description
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.

Author: Joseph Francis Menez
Publisher: Rowman & Littlefield
ISBN: 9780742532779
Category : Law
Languages : en
Pages : 660

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Book Description
First published in 1954, Summaries of Leading Cases on the Constitution quickly became the gold standard for concise summaries of important U.S. Supreme Court cases on constitutional law. Covering decisions from the establishment of the Court to the present, the book incorporates every facet of constitutional law, including the powers and privileges of the three branches of the national government, federalism, war powers, and extensive briefs on civil rights and liberties. The fourteenth edition has been thoroughly reorganized to make it easier to use and to correspond more closely to the outline of the U.S. Constitution. In addition, it includes information on important concurring and dissenting opinions, the complete text of the Constitution, a readily useable index and dictionary, and information about Supreme Court justices. Updated through the end of the 2003 term, the fiftieth anniversary edition of Summaries of Leading Cases on the Constitution is an essential resource for law students, lawyers, and everyone interested in our nation's Constitution.

Author: Elizabeth B. Hindman
Publisher: Bloomsbury Publishing USA
ISBN: 0313031800
Category : Law
Languages : en
Pages : 201

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In the past 65 years, the United States Supreme Court has outlined, through its decisions, its conceptions of the roles and responsibilities of the U.S. media. Analyzing every Supreme Court media case from 1931 to 1996, this book explores the changes in how the Court has conceived of the media's freedom. Hindman focuses on the educational and political functions of the media, the ethical principles of truth telling, and the conflict between collectivist and individualist interpretations of the First Amendment. The author challenges accepted views in the field, arguing that despite the justices' rhetoric, the Court has treated media freedom as a social goal rather than a right.

Author: Mitchell Newton-Matza
Publisher: Routledge
ISBN: 1317691296
Category : History
Languages : en
Pages : 279

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Book Description
The Espionage and Sedition Acts of 1917-1918 mark one of the most controversial moments in American history. Even as President Woodrow Wilson justified US entry into World War I on the grounds that it would "make the world safe for democracy," the act curtailed civil liberties at home by making it illegal to speak out against the US participation in the conflict. Supporters of the Acts argued that these measures were necessary to protect national security and keep in check the perceived threat of radical activities, while opponents considered them an unjustifiable breach of the Bill of Rights. The conflict between government powers and civil liberties concretized by the Acts continues to resonate today. The Espionage and Sedition Acts introduces students to this controversial set of laws, the cultural and political context in which they were passed, and their historical ramifications. In a concise narrative supplemented by primary sources including court cases, newspaper articles, and personal papers, Mitchell C. Newton-Matza gives students of history and politics a nuanced understanding of this key event.

Author: Michael C. LeMay
Publisher: Bloomsbury Publishing USA
ISBN:
Category : Political Science
Languages : en
Pages : 297

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Book Description
First Amendment Freedoms: A Reference Handbook offers a comprehensive examination of the discourse on First Amendment freedom issues in an objective and unbiased manner and provides valuable data and documents to guide readers to further research on the subject. First Amendment Freedoms: A Reference Handbook provides a comprehensive, objective, and accessible source of critically important information on the First Amendment freedoms of religion, speech, and assembly, and the post-Civil War Fourteenth Amendment. Geared for high school and college readers, it covers relevant historical events from the adoption of the Constitution and the Bill of Rights to the array of Supreme Court cases that further defined the scope and limits of First Amendment freedoms. Composed of seven chapters, plus a glossary and index, the volume will present the background and history of the First Amendment; problems, controversies, and solutions; a perspectives chapter with nine original essay contributions; profiles of the leading actors and organizations involved in First Amendment politics; governmental data and excerpts of primary documents on the topic; and a resources chapter comprising an annotated list of the key books, scholarly journals, and nonprint sources on the topic. It closes with a detailed chronology of major events concerning First Amendment freedoms.

Author: Paul Finkelman
Publisher: Bloomsbury Publishing USA
ISBN: 1610693957
Category : Political Science
Languages : en
Pages : 1418

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Book Description
An insightful, chronological—by chief justice—examination of the Supreme Court that enables students and readers to understand and appreciate the constitutional role the Court plays in American government and society. American citizens need to understand the importance of the Supreme Court in determining how our government and society operates, regardless of whether or not they agree with the Court's opinions. Unfortunately, the role and powers of the third branch of government are not well understood by the American public. After an introduction and overview to the history of the Supreme Court from 1789 to 2013, this book examines the Court's decisions chronologically by Chief Justice, allowing readers to grasp how the role and powers of the Court have developed and shifted over time. The chapters depict the Court as the essential agent of review and an integrated part of the government, regardless of the majority/minority balance on the Court, and of which political party is in the White House or controlling the House or Senate.