religious liberty essays on first amendment law

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Religious Liberty

Author : Daniel N. Robinson
ISBN : 9781107147607
Genre : Law
File Size : 55. 27 MB
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These essays focus on the intellectual and philosophical roots of religious liberty and the confrontations with the authority of secular law. The book is aimed at researchers, graduate students and undergraduates in constitutional law, political science, government, constitutional religion and public affairs courses, as well as courses on the First Amendment.

The Right To Speak Out

Author : David C. King
ISBN : 0761300635
Genre : Juvenile Nonfiction
File Size : 83. 42 MB
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Focuses on freedom of speech and of the press while discussing freedom of expression as guaranteed by the Bill of Rights.

No Establishment Of Religion

Author : T. Jeremy Gunn
ISBN : 9780199860395
Genre : History
File Size : 73. 87 MB
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This book shows how America's ongoing battles over religion and education, immigration, polygamy, religious funding, religious exemptions, and more have made the original and evolving understanding of disestablishment of religion a source of perennial cultural and constitutional controversy. The authors of the essays in the volume stake out strong and sometimes competing positions on what ''no establishment of religion'' meant to the American founders and what it can and should mean for America today.

Religious Freedom And The Constitution

Author : Christopher L. Eisgruber
ISBN : 9780674034457
Genre : Political Science
File Size : 45. 46 MB
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Religion has become a charged token in a politics of division. Religious Freedom and the Constitution offers practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. It calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.

Debating Religious Liberty And Discrimination

Author : John Corvino
ISBN : 9780190603090
Genre : Political Science
File Size : 73. 63 MB
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Virtually everyone supports religious liberty, and virtually everyone opposes discrimination. But how do we handle the hard questions that arise when exercises of religious liberty seem to discriminate unjustly? How do we promote the common good while respecting conscience in a diverse society? This point-counterpoint book brings together leading voices in the culture wars to debate such questions: John Corvino, a longtime LGBT-rights advocate, opposite Ryan T. Anderson and Sherif Girgis, prominent young social conservatives. Many such questions have arisen in response to same-sex marriage: How should we treat county clerks who do not wish to authorize such marriages, for example; or bakers, florists, and photographers who do not wish to provide same-sex wedding services? But the conflicts extend well beyond the LGBT rights arena. How should we treat hospitals, schools, and adoption agencies that can't in conscience follow antidiscrimination laws, healthcare mandates, and other regulations? Should corporations ever get exemptions? Should public officials? Should we keep controversial laws like the Religious Freedom Restoration Act, or pass new ones like the First Amendment Defense Act? Should the law give religion and conscience special protection at all, and if so, why? What counts as discrimination, and when is it unjust? What kinds of material and dignitary harms should the law try to fight-and what is dignitary harm, anyway? Beyond the law, how should we treat religious beliefs and practices we find mistaken or even oppressive? Should we tolerate them or actively discourage them? In point-counterpoint format, Corvino, Anderson and Girgis explore these questions and more. Although their differences run deep, they tackle them with civility, clarity, and flair. Their debate is an essential contribution to contemporary discussions about why religious liberty matters and what respecting it requires.

Same Sex Marriage And Religious Liberty

Author : Douglas Laycock
ISBN : 0742565645
Genre : Religion
File Size : 55. 33 MB
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Same-Sex Marriage and Religious Liberty explores the religious freedom implications of defining marriage to include same-sex couples. It represents the only comprehensive, scholarly appraisal to date of the church-state conflicts virtually certain to arise from the legal recognition of same-sex marriage. It explores two principal questions. First, exactly what kind of religious freedom conflicts are likely to emerge if society embraces same-sex marriage? A redefinition of marriage would impact a host of laws where marital status affects legal rights_in housing, employment, health-care, education, public accommodations, and property, in addition to family law. These laws, in turn, regulate a host of religious institutions_schools, hospitals, and social service providers, to name a few_that often embrace a different definition of marriage. As a result, church-state conflicts will follow. This volume anticipates where and how these manifold disputes will arise. Second, how might these conflicts be resolved? If the disputes spark litigation under the Free Speech, Free Exercise, or Establishment Clauses of the First Amendment, who will prevail and why? When, if ever, should claims of religious liberty prevail over claims of sexual liberty? Drawing on experience in analogous areas of law, the volume explores whether it is possible to avoid these constitutional conflicts by statutory accommodation, or by separating religious marriage from civil marriage.

The Soul Of The First Amendment

Author : Floyd Abrams
ISBN : 9780300190885
Genre : Law
File Size : 80. 50 MB
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A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

First Freedoms

Author : Charles C. Haynes
ISBN : 0195157508
Genre : History
File Size : 32. 56 MB
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Uses thirty-seven documents from the Charter of Rhode Island and Providence Plantations in 1663 to the Patriot Act of 2001 to explore the origins and attacks on the First Amendment.

The Federalist Papers

Author : Alexander Hamilton
ISBN : 9781775454991
Genre : Political Science
File Size : 49. 18 MB
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Perhaps the most essential distillation of the Founders' vision of America, The Federalist Papers consist of a series of 85 essays in favor of the ratification of the U.S. Constitution. Attributed to Alexander Hamilton, John Jay, and James Madison, the essays tackle an array of topics that are just as relevant today as they were more than 200 years ago, including human rights, republican governance, the proper scope and jurisdiction of a federal government, and much more.

Freedom From Religion

Author : Amos N. Guiora
ISBN : 9780190454326
Genre : Law
File Size : 30. 98 MB
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Although many books on terrorism and religious extremism have been published in the years since 9/11, none of them written by Western authors call for the curtailment of religious freedom and freedom of expression for the sake of greater security. Issues like torture, domestic surveillance, and unlawful detentions have dominated the literature in this area, but few, if any, major scholars have questioned the vast allowances made by Western nations for the freedoms of religion and speech. Freedom from Religion challenges the almost sacrosanct inviolability of these two civil liberties. By drawing the connection between politically-correct tolerance of extremist speech and the rise of terrorist activity, this book sets the context for its unique proposal that governments should introduce new limits on religious practice within their borders. To demonstrate the wisdom of this course, the author presents the disparate policies and security circumstances of five countries: the U.S., the UK, the Netherlands, Turkey, and Israel. The book benefits not just from the author's own counter-terrorism experience in Israel and the U.S. but also from an international advisory group of leading scholars from all five of the countries under review. This second edition includes significant new material analyzing the trial of Warren Jeffs, self-censorship in the face of religious sensitivity, religious extremism and violence in Israel, and the complicated tension in the Netherlands between speech and religion. In it, Guiora responds to public discussion and criticism provoked by the proposal presented in the first edition that governments impose limits on religious extremist practices and speech within their borders. In doing so, Guiora sheds new light on the existential and practical predicaments confronting civil democratic society: how much intolerance should the nation-state tolerate and to whom does government owe a duty.

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