Table of Contents

Chapter 1 Foreword Chapter 2 Preface Chapter 3 Acknowledgments Part 4 Constitutional Rights Today—An Overview Chapter 5 On Coming to America, Ivan Is Reminded of Home Chapter 6 Embodying the Spirit—Justice William Brennan Chapter 7 Constitutional Rights Are for Everyone, Every Day Chapter 8 When Will the Government Ever Learn? Chapter 9 Can We Risk a Constitutional Convention? Chapter 10 A Civil Liberties Lawyer on Jury Duty Chapter 11 A Civil Liberties Agenda for the 1990's Part 12 Free Expression Chapter 13 Mother England's Not-So-Free Press Chapter 14 Flagging the Burning Issues: Disrespect and Offense Chapter 15 Writing Letters May Be Hazardous to Your Rights Chapter 16 Charging for Free Speech Chapter 17 Talking Politics Door-to-Door Chapter 18 It's Scandalous What Some Think is Slanderous Chapter 19 Racial Slurs: Free Speech or Discrimination? Chapter 20 How Can You Petition When the Doors Are Closed? Chapter 21 Students Learn from Free Expression and Due Process Part 22 Privacy Chapter 23 Legal Roadblocks to Traffic Roadblocks Chapter 24 Going Too Far: Police Strip Searches Chapter 25 Do We Expect Our Garbage to Be Inspected by Police? Chapter 26 Should We Tolerate "Zero Tolerance?" Chapter 27 Job Tests, Not Urine Tests Chapter 28 What Ever Happened to Probable Cause? Chapter 29 Constitutional Rights Should Apply at Work Chapter 30 The Abortion Debate is Unresolvable and Avoidable Chapter 31 The Right to Die: New Laws are Needed Part 32 Civil Rights and Discrimination Chapter 33 Fight AIDS, Not the People We Fear Have AIDS Chapter 34 Men-Only Clubs: Illegal Discrimination or Protected Association? Chapter 35 Anti-Gay Prejudice Should Not Be Public Policy Chapter 36 Civil Rights Law: If It Ain't Broke, Don't Fix It Chapter 37 Being Sterile Is Not a Job Qualification Chapter 38 We Still Need Affirmative Action Part 39 Poverty and the Right to a Home Chapter 40 Homeless Orators: Begging as Free Speech Chapter 41 Why Homelessness Is a Civil Liberties Concern Chapter 42 Mount Laurel: Government Action for Affordable Homes Part 43 The Criminal Process Chapter 44 Preventive Detention: Which Country Is This Anyway? Chapter 45 Racism at the Gallows Chapter 46 Advocates' Zeal Is Threatened by Court Contempt Power Chapter 47 Overloaded Public Defenders: The Right to Counsel at Risk Chapter 48 Law v. Justice: A Twisted Case Part 49 Freedom of Religion Chapter 50 Of Carols, Creches, and Menorahs Chapter 51 Do Children Need a Moment of Silence in School? Chapter 52 The Free Exercise of Religion: When and How Far? Part 53 Of War, Schools, Youth, and Love Chapter 54 Declaring War on Undeclared Wars Chapter 55 It's Time to Invest in School Finance Equity Chapter 56 Rethinking Juvenile Curfews: Whom Are We Protecting? Chapter 57 Why Can't Love and Justice Coexist? Chapter 58 Conclusion Chapter 59 The Bill of Rights Chapter 60 Notes Chapter 61 Glossary Chapter 62 Index

About the Author

Eric Neisser teaches constitutional law and litigation, criminal procedure, and court administration at Rutgers Law School in Newark, New Jersey. Recently the Legal Director of the American Civil Liberties Union of New Jersey, Professor Neisser has handled civil liberties cases from the New Jersey Municipal Court to the United States Supreme Court. A frequent public speaker, from high schools and legislative committees to the Dick Cavett Show, Neisser has also taught at Stanford Law School and Trinity College in Dublin, Ireland. Formerly director of the central legal staff of the largest federal appeals court in the country—the United States Court of Appeals for the Ninth Circuit in San Francisco—Professor Neisser has written widely on constitutional issues, including a monthly column for the past five years entitled "civil Liberties Today."

Reviews

Recapturing the Spirit is a poignant reminder that the rights American citizens cherish require our attention, protection, and defense. No one will be able to read this book without developing a renewed sense of gratitute for the basic values incorporated and enshrined in the Bill of Rights. This book is a gift to renewed awareness of the meaning of freedom and rights.
*Barbara Jordan, Member of Congress (Texas), 1973-1979*

This is a rare book—about our noblest law for even the humblest. Written by a tireless and unapologetic defender of civil liberties, it brings the Bill of Rights out on the streets and into the workplaces, schools, homes, and gathering places of ordinary people. Professor Neisser admirable succeeds in making us 'rethink the work of James Madison and his colleagues.'"
*Frank M. Coffin, Judge, U.S. Court of Appeals, First Circuit, 1965-*

Professor Neisser is a devoted civil libertarian, and he conveys his humane concerns effectively and often eloquently. This book is a valuable and comprehensive work. His opening essay is a gem.
*Erwin Knoll, Editor, The Progressive*

The task of educating the American people about the thrust and the meaning of the Constitution is unending. . . . That is why this intriguing collection of essays is so urgently important. . . . Professor Neisser has given us a book which is clear, cogent, and compelling.
*Father Robert F. Drinan, Member of Congress (Massachusetts), 1971-1981*

Eric Neisser is a born story-teller, and these stories about life in the ragged front lines of civil liberties will excite anyone who cares about justice and injustice in the United States.
*Norman Dorsen, President of the ACLU, 1976-1991*