Download PDF by Hon. Warren E. Burger, Professor James Brewer Stewart: The Constitution, the law, and freedom of expression,
By Hon. Warren E. Burger, Professor James Brewer Stewart
In acceptance of the bicentennial of the structure of the us, former leader justice Warren E. Burger, Justice Antonin Scalia, ACLU president Norman Dorsen, and others added papers on the first annual DeWitt Wallace convention at the Liberal Arts, held at Macalester university, St. Paul. Joining the very best felony minds in the USA have been novelist John Edgar Wideman, chemist Harry B. grey, historian Mary Beth Norton, and psychiatrist and social psychologist Robert Jay Lifton. Opening the convention and this publication, former leader Justice Burger emphasizes the bold of these who drafted the structure. Justice Scalia, noting the good aid in curbs to freedom of expression considering international conflict I, issues out that the proliferation of freedom has compelled courts to tell apart among forms of expression. Although the perspectives expressed in those essays range commonly, opinion about the significant factor falls into sure camps: Burger, Scalia, and Dorsen contend that freedom of expression is dependent upon the felony constitution for survival; Wideman, grey, Lifton, and Norton preserve that social forces ensure freedom of expression.
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Additional resources for The Constitution, the law, and freedom of expression, 1787-1987
What I want to focus upon, in particular, is the enormous diversity of expressive conduct with respect to which it must be decided whether First Amendment protection exists, and if it does so, the extent of the protection. " The judge's task in this field is complicated at the outset by the fact that there are few areas of constitutional law in which it is less possible to discern a consistent pattern of decisionor even a consistent analytical approachdating back to the adoption of the Bill of Rights.
490, 501 (1981) (quoting Kovacs v. S. , concurring)). 43. Kovacs, supra. 44. Miami Herald Publishing Co. v. S. 241 (1974). 45. Red Lion Broadcasting Co. v. S. 367 (1969); CBS, Inc. v. S. 367 (1981). 46. Brown v. S. 131 (1966). 47. Tinker v. S. 503 (1969). 48. Stromberg v. S. 359 (1931). 49. United States v. S. 367, 376 (1968). 50. Schad v. S. 61, 6566 (1980). 51. Community for Creative Non-Violence v. C. Cir. 1983) (en banc), rev'd on other grounds sub nom. Clark v. S. 288 (1984). 52. See Teamsters Local 695 v.
The words of the First Amendment are that "Congress shall make no law abridging the freedom of speech, or of the press. " It has been established (though that did not occur until 1925) that the Fourteenth Amendment extends the prohibitions of the First Amendment to the statesso that the text now reads, in effect, "The Government shall make no law abridging the freedom of speech, or of the press. " I want to explore the difficulties bearing upon the two central questions that this text presents: (1) What elements are included within the terms "speech" and ''press"?
The Constitution, the law, and freedom of expression, 1787-1987 by Hon. Warren E. Burger, Professor James Brewer Stewart