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The dual protection framework of Articles 19 and 20 of the Constitution is clarified through theoretical consideration of freedom of mind based on legal theory and theory.
Contents
Preface Dual Protection Framework for Freedom Of Mind
1. Restrictions and Protection of Freedom Of Mind in Japan
(1) Jiro Kitamikado and "Oceania"
(2) Range of Article 19 of the Constitution
(3) Dual Protection Framework in the US
2. Structure of this book
Chapter 1. Doctrine of Immunity of Law
1. Development of Sherbert Test
(1) "Constraints" on Freedom of Acts of Religion
(2) Establishment of Sherbert Test
(3) Development of Sherbert Test and Denial by Judge Smith
(3) Development of Sherbert Test and Denial by Judge Smith
(4) "Revival of Sherbert Test" by the Restoration of Religious Freedom Act
(5) Summary
2. Legal Immunity Based on Secular Conscience
(1) Cases of Conscientious Objection to Conscription
(2) Constitutional significance of Seeger Test
(br> (1) Restrictions on Worship due to the COVID-19 Pandemic
(2) Fulton Judgment
5. Conclusion
2. Two Judgments on Coercion of Speech
(1) Barnette Judgment
(2) Wooley Judgment
(3) Range of both Judgments
3. Forced Speech
(1) Freedom not to Speech
(2) "Evaluation by a Reasonable Observer" approach
(3) "Evaluation by a Reasonable Observer" approach
(3) Significance of Freedom of Speech
(1) Anti-Legitimacy Principle and Freedom of Imagination
(2) "Evaluation by a Reasonable Observer" approach
(3) Relevance of Freedom of Speech
(1) Anti-Legitimacy Principle and Freedom of Imagination
(2) "Evaluation by a Reasonable Observer" approach
(3) Relevance of Freedom of Thought
(5) Conclusion
End Chapter
1. Dual Protection Framework
(1) Anti-Legitimacy Principle and Freedom of Imagination
(2) "Evaluation by a Reasonable Observer" approach
Lukumi Moriguchi Kumamoto Gakuen University