...This chapter examines judicial doctrines to assess necessity. The Presumption of Liberty places the burden of establishing the propriety of laws on the government. Taking the First Amendment as a model, when law is used to accomplish a proper purpose by restricting the liberties of the people...

... airwaves, and sports teams' dependence on the public financing of stadiums might provide legal openings for racial realism in these sectors. Since this employment sector is about expression, this chapter also explores possible First Amendment defenses for these employers, and shows that at least one court...

...This chapter extends existing research on tolerance for nonconformity into the 2000s, following up on one of the very first articles based on the General Social Survey. Drawing on Stouffer's (1955) conceptualization, it defines tolerance as the willingness to accord First Amendment-guaranteed...

...This chapter considers efforts to legislate Native American religious freedom in the American Indian Religious Freedom Act (AIRFA, 1978). Where courts and even common sense have seen AIRFA as a religious freedom statute—as an extension of the legal protections of the First Amendment...