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Criminal Dissent
In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent. The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition. The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the ...
The Revolution in Freedoms of Press and Speech
This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This...
Press and Speech Under Assault
The early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment. This book discusses the Supreme Court justices before John Marshall and their confrontations with those freedoms. Its conclusions are surprising about their broad understanding of freedoms of press and speech before 1798, and about their split over the constitutionality of the Sedition Act of 1798. The book also summarizes the recognized prosecutions under that law, and then doubles their number by confirming 22 additional prosecutions under the Sedition Act.
The (un)Written Constitution
"The late Justice Scalia relished pointing to departures from text as departures from the Constitution, but in fact his jurisprudence relied on unwritten ideas. As textualism has become more prominent with the elevation of Justices Gorsuch and Kavanaugh to the Supreme Court-jurists in the mold of Scalia-it is crucial to reveal the unwritten ideas that drive textualist readings of the Constitution. Our deepest debates about America's written Constitution are not about constitutional text, but about the unwritten ideas and understandings that guide our reading of text. This fact is obscured by the public understanding of textualism and originalism as put forward by its most prominent judicial ...
Evolution Vs. Creationism
Presents the scientific evidence for evolution and reasons why it should be taught in schools, provides various religious points of view, and offers insight to the evolution-creationism controversy.
Proceedings, American Philosophical Society (vol. 127, No. 6, 1983)
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Deception by Design
A history of the anti-evolution "Intelligent Design" movement in the US, from the Scopes trial in 1925, through the rise of creation "science" in the 1980's, to the rise of intelligent design "theory" in the 1990's. Appendix includes the Wedge Document, a leaked internal planning paper which spells out the theocratic political goals of the Intelligent Design movement.
Analysis of Creationism in the United States from Scopes (1925) to Kitzmiller (2005) and its Effect on the Nation ́s Science Education System
Creationism is based on a fundamental belief in the inerrancy of the bible and negatively affects science education because creationist proponents insist on the inclusion of supernatural explanations for the appearance of species, in particular the origin of humans. This detrimental effect on education is particularly relevant in the United States, where almost 70% of the population rejects the idea of naturalistic evolution and the majority of American students struggle to meet the college-readiness benchmarks in science and math. This dissertation provides a comprehensive look at the issue from historical, judicial and educational perspectives. Twenty-four legal cases in the United States ...
America’s Religious Wars
How American conflicts about religion have always symbolized our foundational political values When Americans fight about "religion," we are also fighting about our conflicting identities, interests, and commitments. Religion-talk has been a ready vehicle for these conflicts because it is built on enduring contradictions within our core political values. The Constitution treats religion as something to be confined behind a wall, but in public communications, the Framers treated religion as the foundation of the American republic. Ever since, Americans have translated disagreements on many other issues into an endless debate about the role of religion in our public life. Built around a set of compelling narratives--George Washington's battle with Quaker pacifists; the fight of Mormons and Catholics for equality with Protestants; Teddy Roosevelt's concept of land versus the Lakota's concept; the creation-evolution controversy; and the struggle over sexuality--this book shows how religion, throughout American history, has symbolized, but never resolved, our deepest political questions.
The Production of American Religious Freedom
8. The Most Sacred of All Property: Corporations and Persons -- Epilogue: You, and You, and You -- Notes -- Bibliography -- Index -- About the Author
