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The guarantee of free speech enshrined in the U.S. Bill of Rights draws upon two millennia of Western thought about the value and necessity of free inquiry. Acclaimed legal scholar George Anastaplo traces the philosophical development of the idea of free inquiry from Plato's Apology to Socrates to John Milton's Areopagitica. He describes how these seminal texts and others by such diverse thinkers as St. Paul, Thomas More, and John Stuart Mill influenced the formation and the earliest applications of the First Amendment. Anastaplo also focuses on the critical free speech implications of a dozen Supreme Court cases and shows how First Amendment interpretations have evolved in response to modern events. Reflections on Freedom of Speech and the First Amendment grounds its vision of America's most basic freedoms in the intellectual traditions of Western political philosophy, providing crucial insight into the legal challenges of the future through the lens of the past.

Tabla de contenidos provista por Syndetics

• Preface(p. xi)
• Part 1
• 1 Plato's Apology of Socrates(p. 3)
• 2 The Ministry of St. Paul(p. 9)
• 3 Thomas More and Parliamentary Immunity (1521)(p. 14)
• 4 John Milton's Areopagitica (1644)(p. 20)
• 5 William Blackstone, Patrick Henry, and Edmund Burke on Liberty (1765-1790)(p. 26)
• 6 The Declaration of Independence (1776); the Northwest Ordinance (1787)(p. 36)
• 7 Constitutionalism and the Workings of Freedom of Speech(p. 43)
• 8 The Virginia Statute of Religious Freedom (1786)(p. 49)
• 9 The Emergence of a National Bill of Rights (1789-1791)(p. 57)
• 10 The Organization of the First Amendment(p. 64)
• 11 The Sedition Act of 1798(p. 71)
• 12 John Stuart Mill's On Liberty (1859)(p. 78)
• 13 Freedom of Speech and the Coming of the Civil War(p. 85)
• Part 2
• 1 The Naive Folly of Realists: A Defense of Justice Black (1937-1971)(p. 95)
• 2 Schenck v. United States (1919); Abrams v. United States (1919)(p. 101)
• 3 Debs v. United States (1919); Gitlow v. New York (1925)(p. 108)
• 4 Winston S. Churchill and the Cause of Freedom(p. 116)
• 5 Dennis v. United States (1951); the Rosenberg Case (1950-1953)(p. 123)
• 6 Cohen Y. California (1971); Texas v. Johnson (1989)(p. 133)
• 7 The Pentagon Papers Case (1971)(p. 140)
• 8 Obscenity and the Law(p. 148)
• 9 Private Property and Public Freedom(p. 155)
• 10 Buckley v. Valeo (1976)(p. 162)
• 11 The Regulation of Commercial Speech(p. 170)
• 12 The Universal Declaration of Human Rights (1948)(p. 177)
• 13 The Future of the First Amendment?(p. 183)
• Appendixes
• A The Declaration of Independence (1776)(p. 189)
• B The United States Constitution (1787)(p. 193)
• C The Amendments to the United States Constitution (1791-1992)(p. 205)
• D Thomas More, Petition to Henry VIII on Parliamentary Freedom of Speech (1521)(p. 215)
• E The Virginia Statute of Religious Liberty (1786)(p. 218)
• F Some Stages of the Religion/Speech/Press/Assembly/Petition Provisions in the First Congress (1789)(p. 221)
• G The Sedition Act (1798)(p. 224)
• H The Virginia Resolutions (1798)(p. 226)
• I Report of a House of Delegates Minority on the Virginia Resolutions (1799)(p. 229)
• J Thomas Jefferson, the First Inaugural Address (1801)(p. 236)
• K Schenck v. United States Leaflet (1917)(p. 241)
• L The Universal Declaration of Human Rights (1948)(p. 246)
• M George Anastaplo, On the Alcatraz Imprisonment of a Convicted Soviet Spy (1954)(p. 253)
• N George Anastaplo, An Obscenity-Related Case from Dallas (1989-1990)(p. 269)
• O Cases and Other Materials Drawn On(p. 300)
• Index(p. 305)
• About the Author(p. 321)

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CHOICE Review

In 1954, the US Supreme Court ruled against the author of this volume in a First Amendment case, but he continues to champion his view of the amendment. Anastaplo (law, Loyola of Chicago) constantly cites and quotes his previous writings, and includes tedious sets of memoranda that he submitted involving two fairly obscure cases, along with some notable historical documents in his voluminous appendixes. The author traces free speech from Socrates, Saint Paul, Thomas More, and John Milton through John Stuart Mill. He follows with essays on cases involving the First Amendment. Informed by classical philosophy, Anastaplo exercises the speech he so praises. By distinguishing "free speech" about political and religious matters from "free expression," Anastaplo advocates enforcing obscenity laws against commercial speech to protect public morals. He prides himself in once having advocated shutting down broadcast television because of its vulgarizing influences. He compares America's war in Iraq to Vietnam and thinks it is a shame that Europe's "privileged classes" were unable to shield their sons from death in WW I. Anastaplo thus demonstrates the virtues and vices of a modern Socratic gadfly. Summing Up: Optional. Graduate students and faculty. J. R. Vile Middle Tennessee State University

Notas de autor provistas por Syndetics

George Anastaplo, professor of law at Loyola University in Chicago and lecturer in the liberal arts at the University of Chicago