Patrick M. Garry

Liberty Through Limits: The Bill of Rights as Limited Government Provisions

Under the modern view, individual autonomy has become the primary, if not exclusive, focus of the Bill of Rights. But the Bill of Rights came about not because of a desire to preserve individual autonomy or to insulate the individual from the democratic community. The impetus for the Bill of Rights arose from the same set of concerns that motivated the original Constitution. These concerns involved creating the appropriate structures so as to keep the new central government in check. The Bill of Rights sought to further ensure that the federal government would have limited power and operate in a limited role. Not only does this limited government model coincide with the original intent underlying the Bill of Rights, but it also provides for a more objective and manageable application. Under an individual autonomy view of the Bill of Rights, courts must define the ingredients necessary for such autonomy. However, this endeavor is fraught with ambiguity, and courts must constantly pit the individual against democratic society. But under the limited government model, the judicial role is more objective. Instead of trying to define an ambiguous individual autonomy, courts simply need to focus on whether a particular right is needed so as to maintain limited government. In addition, the limited government model does not put the Bill of Rights in conflict with democratic society. Instead, it just uses the Bill of Rights to maintain a check on government, just as the original Constitution seeks to do.

Churches and the Courts: The First Amendment Protection from Clergy Lawsuits

Religious organizations play an active role in the American economy. They have traditionally been involved in service industries such as health care and education. More recently, certain religious organizations have also become involved in such diverse activities as psychological counseling and economic development. Moreover, the large-scale hierarchial nature of certain churches make them an employer of thousands. Consequently, the risk of entanglement in civil litigation has greatly increased for religious organizations. Even though the first amendment has typically shielded religious organizations, the growing tendancy of courts to grant wider judicial access to plaintiffs with claims of first impression poses a threat to the litigation exposure of religious organizations.

The Press and the Dilemma of the Fourth Estate@@@The Tolerant Society: Freedom of Speech and Extremist Speech in America@@@The Power of the Press: The Birth of American Political Reporting@@@Protecting the Best Men: An Interpretive History of the Law of Libel@@@Suing the Press: Libel, the Media and Power@@@A Question of Sedition: The Federal Government's Investigation of the Black Press during World War II

This article discusses 5 books, all published in 1986, that explore important questions regarding the relationship of the press and the First Amendment. Four of the books discuss the relationship of the press and its First Amendment issues with the public, while the fifth one discusses the relationship of the press with the government.