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James Brewer Stewart - The Constitution, the law, and freedom of expression, 1787-1987

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In recognition of the bicentennial of the Constitution of the United States, former chief justice Warren E. Burger, Justice Antonin Scalia, ACLU president Norman Dorsen, and others delivered papers at the first annual DeWitt Wallace Conference on the Liberal Arts, held at Macalester College, St. Paul. Joining some of the best legal minds in America were novelist John Edgar Wideman, chemist Harry B. Gray, historian Mary Beth Norton, and psychiatrist and social psychologist Robert Jay Lifton. Opening the conference and this book, former chief Justice Burger emphasizes the daring of those who drafted the Constitution. Justice Scalia, noting the great reduction in curbs to freedom of expression since World War I, points out that the proliferation of freedom has forced courts to distinguish between types of expression. Although the views expressed in these essays differ widely, opinion concerning the major issue falls into two definite camps: Burger, Scalia, and Dorsen contend that freedom of expression depends on the legal structure for survival; Wideman, Gray, Lifton, and Norton maintain that social forces determine freedom of expression.

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title The Constitution the Law and Freedom of Expression 1787-1987 - photo 1

title:The Constitution, the Law, and Freedom of Expression, 1787-1987
author:Stewart, James Brewer.
publisher:Southern Illinois University Press
isbn10 | asin:0809314282
print isbn13:9780809314287
ebook isbn13:9780585027371
language:English
subjectFreedom of speech--United States--History--Congresses, Freedom of the press--United States--History--Congresses.
publication date:1987
lcc:KF4770.A75C67 1987eb
ddc:342.73/0853
subject:Freedom of speech--United States--History--Congresses, Freedom of the press--United States--History--Congresses.
Southern Illinois University Press
Carbondale and Edwardsville
The Constitution,
The Law, And
Freedom Of
Expression
17871987
Edited by
James Brewer Stewart
Foreword by
The Honorable
Warren E. Burger
Copyright 1987 by Board of Trustees Southern Illinois University Freedom of - photo 2
Copyright 1987 by Board of Trustees,
Southern Illinois University
"Freedom of Expression as a Gendered
Phenomenon" copyright 1987
by Mary Beth Norton
All rights reserved
Printed in the United States of America
Edited by Curtis L. Clark
Designed by Natalia Nadraga
Library of Congress Cataloging-in-Publication Data
The Constitution, the law, and freedom of expression,
17871987.
Contributions to the 1st Wallace Conference on "the
Constitution, Freedom of Expression, and the Liberal
Arts," held in Sept. 1986 at Macalester College; sponsored
by the college.
1. Freedom of speechUnited StatesHistoryCongresses.
2. Freedom of the pressUnited StatesHistoryCongresses.
I. Stewart, James Brewer.
II. Burger, Warren E., 1907-. III. Wallace
Conference on "the Constitution, Freedom of Expression,
and the Liberal Arts" (1st: 1986: Macalester College)
IV. Macalester College.
KF4770.A75C67 1987 342.73'0853 87-13106
ISBN 0-8093-1428-2 347.302853
The paper used in this publication meets the minimum requirements of American National Standard for
Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z 39.48-1984.
Contents
Preface
Robert M. Gavin, Jr.
vii
Foreword
Warren E. Burger
ix
Introduction
Picture 3
James Brewer Stewart
1
Picture 4
1. A House with Many Mansions:
Categories of Speech Under the First Amendment
Picture 5
Antonin Scalia
9
Picture 6
2. The Need for a New Enlightenment:
Lessons in Liberty from the Eighteenth Century
Picture 7
Norman Dorsen
22
3. Freedom of Expression as a Gendered Phenomenon
Picture 8
Mary Beth Norton
42
4. The New Psychology of Human Survival
Picture 9
Robert Jay Lifton
65
Picture 10
5. The Chemistry Revolution and the Media:
Freedom and Responsibility
Picture 11
Harry B. Gray
82
Picture 12
6. Talking in Tongues:
The Writer and the State
Picture 13
John Edgar Wideman
94
Notes on Contributors
107

Page vii
Preface
The 1986 Wallace Conference on "The Constitution, Freedom of Expression, and the Liberal Arts" exemplifies Macalester College's commitment to free, uninhibited inquiry and expression, within a legal tradition that protects the rights of the individual and provides for the welfare of the greater society. The flourishing of education in this country, from the natural and social sciences to the humanities and fine arts, is due in large part to the support provided by the Constitution and the way of life it makes possible.
It could not have been more appropriate for the first Wallace Conference to be held during the time the nation was beginning its celebration of the bicentennial of the Constitution, the basic document of governance that has provided freedom and democracy to our nation for almost two centuries. No other form of government has been as successful as ours in protecting basic freedoms and no other receives as much critical attention.
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