Perilous Times
Perilous Times

Author: Geoffrey R. Stone

Publisher: W. W. Norton & Company

Published: 2004

Total Pages: 758

ISBN-13: 9780393058802

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Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.

Free Speech in Its Forgotten Years, 1870-1920
Free Speech in Its Forgotten Years, 1870-1920

Author: David M. Rabban

Publisher: Cambridge University Press

Published: 1997

Total Pages: 426

ISBN-13: 9780521655378

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Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.

Free Expression and Democracy in America
Free Expression and Democracy in America

Author: Stephen M. Feldman

Publisher: University of Chicago Press

Published: 2009-05-15

Total Pages: 596

ISBN-13: 0226240746

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From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. If the connection between democracy and the freedom of speech is such a vital one, why would so many governmental leaders seek to quiet their citizens? Free Expression and Democracy in America traces two rival traditions in American culture—suppression of speech and dissent as a form of speech—to provide an unparalleled overview of the law, history, and politics of individual rights in the United States. Charting the course of free expression alongside the nation’s political evolution, from the birth of the Constitution to the quagmire of the Vietnam War, Stephen M. Feldman argues that our level of freedom is determined not only by the Supreme Court, but also by cultural, social, and economic forces. Along the way, he pinpoints the struggles of excluded groups—women, African Americans, and laborers—to participate in democratic government as pivotal to the development of free expression. In an age when our freedom of speech is once again at risk, this momentous book will be essential reading for legal historians, political scientists, and history buffs alike.

All the Laws but One
All the Laws but One

Author: William H. Rehnquist

Publisher: Vintage

Published: 2007-12-18

Total Pages: 289

ISBN-13: 0307424693

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William H. Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. "A highly original account of the proper role of the Supreme Court, a role that makes most sense in times of war, but that has its attractions whenever the Court is embroiled in great social controversies." --The New Republic Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.

The Free Speech Century
The Free Speech Century

Author: Lee C. Bollinger

Publisher:

Published: 2019

Total Pages: 377

ISBN-13: 0190841370

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The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.

Freedom for the Thought That We Hate
Freedom for the Thought That We Hate

Author: Anthony Lewis

Publisher: ReadHowYouWant.com

Published: 2010

Total Pages: 262

ISBN-13: 1458758389

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More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.

Free Speech and the Suppression of Dissent During World War I
Free Speech and the Suppression of Dissent During World War I

Author: Eric T. Chester

Publisher: Monthly Review Press

Published: 2020-08-24

Total Pages: 504

ISBN-13: 1583678689

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World War I, given all the rousing “Over-There” songs and in-the-trenches films it inspired, was, at its outset, surprisingly unpopular with the American public. As opposition increased, Woodrow Wilson’s presidential administration became intent on stifling antiwar dissent. Wilson effectively silenced the National Civil Liberties Bureau, forerunner of the American Civil Liberties Union. Presidential candidate Eugene Debs was jailed, and Deb’s Socialist Party became a prime target of surveillance operations, both covert and overt. Drastic as these measures were, more draconian measures were to come. In his absorbing new book, Free Speech and the Suppression of Dissent During World War I, Eric Chester reveals that out of this turmoil came a heated public discussion on the theory of civil liberties – the basic freedoms that are, theoretically, untouchable by any of the three branches of the U.S. government. The famous “clear and present danger” argument of Supreme Court Justice Oliver Wendell Holmes, and the “balance of conflicting interest” theory of law professor Zechariah Chafee, for example, evolved to provide a rationale for courts to act as a limited restraint on autocratic actions of the government. But Chester goes further, to examine an alternative theory: civil liberties exist as absolute rights, rather than being dependent on the specific circumstances of each case. Over the years, the debate about the right to dissent has intensified and become more necessary. This fascinating book explains why, a century after the First World War – and in the era of Trump – we need to know about this.

Revolutionary Dissent
Revolutionary Dissent

Author: Stephen D. Solomon

Publisher: St. Martin's Press

Published: 2016-04-26

Total Pages: 368

ISBN-13: 1466879394

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When members of the founding generation protested against British authority, debated separation, and then ratified the Constitution, they formed the American political character we know today-raucous, intemperate, and often mean-spirited. Revolutionary Dissent brings alive a world of colorful and stormy protests that included effigies, pamphlets, songs, sermons, cartoons, letters and liberty trees. Solomon explores through a series of chronological narratives how Americans of the Revolutionary period employed robust speech against the British and against each other. Uninhibited dissent provided a distinctly American meaning to the First Amendment's guarantees of freedom of speech and press at a time when the legal doctrine inherited from England allowed prosecutions of those who criticized government. Solomon discovers the wellspring in our revolutionary past for today's satirists like Jon Stewart and Stephen Colbert, pundits like Rush Limbaugh and Keith Olbermann, and protests like flag burning and street demonstrations. From the inflammatory engravings of Paul Revere, the political theater of Alexander McDougall, the liberty tree protests of Ebenezer McIntosh and the oratory of Patrick Henry, Solomon shares the stories of the dissenters who created the American idea of the liberty of thought. This is truly a revelatory work on the history of free expression in America.

The Taming of Free Speech
The Taming of Free Speech

Author: Laura Weinrib

Publisher: Harvard University Press

Published: 2016-10-10

Total Pages: 472

ISBN-13: 0674545710

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In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

Gag Rule
Gag Rule

Author: Lewis Lapham

Publisher: Penguin

Published: 2005-06-28

Total Pages: 196

ISBN-13: 1101190752

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From one of America’s most important voices of protest, an urgent polemic about the strangling of meaningful dissent—the lifeblood of our democracy—at the hands of a government and media increasingly beholden to the wealthy few. Dissent is democracy. Democracy is in trouble. Never before, Lewis Lapham argues, had voices of protest been so locked out of the mainstream conversation, so marginalized and muted by a government that recklessly disregards civil liberties, and by an ever more concentrated and profit-driven media in which the safe and the selling sweep all uncomfortable truths from view. In the midst of the “war on terror”—which made the hunt for communists in the 1950s look, in its clarity of aim and purpose, like the Normandy landings on D-Day—we faced a crisis of democracy as serious as any in our history. The Bush administration made no secret of its contempt for a cowed and largely silenced electorate, and without bothering to conceal its purpose the government coordinates, “not the defense of the American citizenry against a foreign enemy, but the protection of the American oligarchy from the American democracy.” Gag Rule is a rousing and necessary call to action in defense of one of our most important liberties, the right to raise our voices in dissent and have those voices heard.