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“Much Dispute And Wonderful Contentions”: Modern First Amendment Values In The Book Of Mormon, Edward L. Carter
“Much Dispute And Wonderful Contentions”: Modern First Amendment Values In The Book Of Mormon, Edward L. Carter
Faculty Publications
The First Amendment’s free speech clause, like the religious exercise clause, is profoundly counter-majoritarian. So the fact that a religious point of view is unpopular or out of step with a majority of society is not justification to suppress its expression. Rather, the unpopularity of religious views is the very reason why religious expression should be protected from government or private censorship. Free speech, including religious expression, strengthens and stabilizes society, enables the search for truth, provides a check on government power, facilitates self-governance and fosters autonomy. The Book of Mormon teaches Mormons to respect the contributions of free expression …
Newspaper Vs. Non-Newspaper Litigants In The U.S. Supreme Court, 1964-2001, Edward L. Carter, James C. Phillips
Newspaper Vs. Non-Newspaper Litigants In The U.S. Supreme Court, 1964-2001, Edward L. Carter, James C. Phillips
Faculty Publications
Newspapers have been involved as litigants in some of the most significant First Amendment cases to come before the U.S. Supreme Court. Particularly since the groundbreaking case New York Times Co. v. Sullivan in 1964, newspapers have played a prominent role in Supreme Court cases that have defined many important points of First Amendment doctrine and have tested the nation's commitment to freedom of expression. Newspapers have successfully challenged, among other regulations, strict liability for defamation, a mandatory right of reply for political candidates, prior restraint of publication and a courtroom closure order in a high-profile state murder trial. But …