Justice Reed and the First Amendment: The Religion Clauses

By F. William O'Brien | Go to book overview

Index
Academic freedom, religion in schools, 139-141, 162
Adler, Philip, "establishment of re- ligion," 187 n
Administrative Agencies, Reed's opinions on, 227-229
Advisory opinions, Reed's criticism of, 166-168
Aid to religion. SeeChurches; Reli- gion; State-church co-operation
Allegiance, oath of, 51-54
Amendments to Constitution, pro- posals by original states, 133-137
America, quoted, 180 n
American Bar Association, Reed's address to ( 1950), 234
American Railway Express Company, Reed lawyer for, 208
Ames, Fisher, comments on Madison and First Amendment, 133
Articles of Confederation, religious freedom, 24
Atheism, court opinion quoted on, 163-164
Autocracy, protection against by separation of powers, 213
Banks, Nathaniel, "Blaine Amend- ment," 116
Bash family, parental rights, 173-174
Benjamin, Abp., 185-193 passim
Bible
distribution in schools, 159-160, 183
"no-comment" rule and academic freedom, 162 n
Bill of Rights
national government restricted by, 3-4, 112-116
relation to states, 4-8, 112-121, 152-153
Billboard regulation, 63 n
Black, Hugo L.
Adamson dissent, 113 n, 121 n, 132 n, 203 n
antipicketing laws, 225 n
Bill of Rights and states, 113 n, 121 n, 190 n
Bread dissent, 8489 n
civil liberties, 104, 197-201, 208
conscientious objecttors, 51, 104
defines religious activity, 74 n
"establishment of religion," 107-110
Everson opinion, 107-109, 124 130-131
fourteenth Amendment, 113 n, 121 n, 190
Hatch Act, 216
"incorporation" theory, 113 n, 121 n, 132 n, 190 n, 203
juries and Dennis case, 239-240
Kovacs dissent, 62, 62 n, 66 n, 67, 71 n
La Ronde case, 227 n
McCollum released-time opinion, 110, 124, 150 n, 151-152
Marsh opinion on private towns, 36-38
private homes and soliciting, 40, 42, 84-85, 151
public parks and free speech, 95, 238
Toth case and Congress, 230
voting record as a liberal, 198-201
Zorach released-time dissent, 174, 177
"Blaine Amendment," 116-117
Boston Pilot, "sacrilegious" case, 180 n
Brandeis, Louis D.
billboard regulation, 63 n

-257-

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Justice Reed and the First Amendment: The Religion Clauses
Table of contents

Table of contents

  • Title Page iii
  • Acknowledgments vii
  • Contents ix
  • Introduction 3
  • Part I- The "Free Exercise" Clause 11
  • I- Reed''s Position Undefined 13
  • II- Patterns of Division 20
  • III- Modest Victories 45
  • IV- Doubts Plague the Court 69
  • V- Emerging Leadership 80
  • Part II- The "Establishment" Clause 105
  • VI- The New Doctrine 107
  • VII- Reed and Incorporation 111
  • IX- An Evaluation of Reed''s Dissent 145
  • X- Life with Mccollum 154
  • Part III- Constitutional Principles of Justice Reed 195
  • XII- The Critics and Reed''s Liberalism 197
  • XIII- Reed and Pluralistic Democracy 208
  • XIV- Federalism and the Separation of Powers 221
  • XV- Reed and Judicial Restraint 232
  • Bibliography 243
  • Index 257
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