All Posts Tagged With: "First Amendment"

Academic Freedom on Religious Campuses

James Otteson teaches in the department of philosophy at the University of Alabama. In a free society adults should be able to associate, establish institutions, and order their lives without interference, provided that in doing so they initiate no violence against others. That indeed is the definition of an open, peaceful society. One thing in [...]

1Aug1999 | | 1 comment | Continued

How War Amplified Federal Power in the Twentieth Century

After surveying the Western world in the past six centuries, Bruce Porter concluded: “a government at war is a juggernaut of centralization determined to crush any internal opposition that impedes the mobilization of militarily vital resources. This centralizing tendency of war has made the rise of the state throughout much of history a disaster for [...]

1Jul1999 | | 1 comment | Continued

Guardians of the Constitution or Watching Out for Their Own?

Mr. Pilla is a tax litigation consultant and author of nine books on successful methods of dealing with and preventing IRS abuse. By the very terms of the Constitution, all judicial officers, as well as others in government service, “shall be bound by Oath or Affirmation” to support the Constitution. Article VI also sets forth [...]

1Sep1997 | | 2 comments | Continued

The Libertarian Reader: Classic and Contemporary Writings From Lao-Tzu to Milton Friedman edited by David Boaz

Free Press • 1997 • 476 pages • $27.50 Dr. Peterson, an adjunct scholar at the Heritage Foundation, is Distinguished Lundy Professor Emeritus of Business Philosophy at Campbell University in North Carolina. Asked Shakespeare’s Juliet: What’s in a name? Yesterday conservatism was in as the name of what could be called the free-society movement. Today, [...]

1Jul1997 | | 0 comments | Continued

American Labor Law–Bad and Still Getting Worse

One of the great blunders of American history was the New Deal decision to institute a legal framework for labor relations that did away with the older common law rules of contract, property, and tort that applied equally to all parties, replacing them with a highly coercive, asymmetrical scheme intended to help labor union leaders [...]

1May1997 | | 3 comments | Continued

Obscenity: The Case for a Free Market in Free Speech

Mr. Harris, tfharris@HiWAAY.net, is the news librarian for a major daily newspaper in Alabama. Despite the unambiguous language of the First Amendment, speech—of all kinds—has been regulated by government—at all levels—throughout the history of the United States. The first federal attempt to circumvent the First Amendment’s prohibition of laws “abridging the freedom of speech, or [...]

1Sep1996 | | 1 comment | Continued

Is the Public Served by the Public Interest Standard?

Mr. Thierer is the Alex C. Walker Fellow in Economic Policy at The Heritage Foundation. The so-called “public interest standard” has governed communications policy decision-making at the Federal Communications Commission (FCC) for more than 70 years. It is time to question whether this “standard” does indeed serve the public, or if it has instead served [...]

1Sep1996 | | 2 comments | Continued

Individual Liberty and the Media

The task in this issue of The Freeman has been to bring together some good discussions of the relationship between individual liberty and the nature and conduct of the media. It was tempting to go beyond this rather narrow focus because of the media’s many dimensions. Poor reporting vis-a-vis science, religion, and politics is legion [...]

1Sep1996 | | 5 comments | Continued

Speaking Freely: The Public Interest in Unfettered Speech

Mr. Carolan is executive editor of National Review. Speaking Freely, written from a conservative-libertarian point of view, contains five medium-length essays about relatively contemporary First Amendment controversies: television violence (written by John Corry), indecency legislation (Doug Bandow), mandated children’s television time (Adam Thierer), limits on commercial speech (Daniel Troy), and the so-called Fairness Doctrine (E. [...]

1Jun1996 | | 0 comments | Continued

Speaking Freely

To be a moral agent, wrote Milton in his Areopagitica, a person must be free to choose; and to make moral choices persons must be free to express their opinions. Milton held, writes Calvin Massey in this anthology, “that by tolerating abhorrent and hateful speech, we are able to see more clearly our societal biases [...]

1Sep1995 | | 0 comments | Continued

A Nation Under Lawyers: How the Crisis in the Legal Profession Is Transforming American Society; and Recapturing the Constitution: Race, Religion, and Abortion Reconsidered

The second part of the twentieth century has witnessed a marked decline in the rule of law. The legal profession appears to be out of control as society becomes ever more litigious and the guarantees of the Constitution are ignored. What happened to the United States Tocqueville visited where “that numerous and turbulent multitude does [...]

1Aug1995 | | 0 comments | Continued
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