Essays on the justification, strategy, and limits of mass protests and political dissent In Protest and Dissent, the latest installment of the NOMOS series, distinguished scholars from the fields of political science, law, and philosophy provide a fresh, interdisciplinary perspective on the potential—and limits—of mass protest and disobedience in today’s age. Featuring ten timely essays, the contributors address a number of contemporary movements, from Black Lives Matter and the Women’s March, to Occupy Wall Street and Standing Rock. Ultimately, this volume challenges us to re-imagine the boundaries between civil and uncivil disagreement, political reform and radical transformation, and democratic ends and means. Protest and Dissent offers thought-provoking insights into a new era of political resistance.
Starting in the early 1900s, many thousands of native Filipinos were conscripted as laborers in American West Coast agricultural fields and Alaska salmon canneries. There, they found themselves confined to exploitative low-wage jobs in racially segregated workplaces as well as subjected to vigilante violence and other forms of ethnic persecution. In time, though, Filipino workers formed political organizations and affiliated with labor unions to represent their interests and to advance their struggles for class, race, and gender-based social justice. Union by Law analyzes the broader social and legal history of Filipino American workers’ rights-based struggles, culminating in the devastating landmark Supreme Court ruling, Wards Cove Packing Co. v. Atonio (1989). Organized chronologically, the book begins with the US invasion of the Philippines and the imposition of colonial rule at the dawn of the twentieth century. The narrative then follows the migration of Filipino workers to the United States, where they mobilized for many decades within and against the injustices of American racial capitalist empire that the Wards Cove majority willfully ignored in rejecting their longstanding claims. This racial innocence in turn rationalized judicial reconstruction of official civil rights law in ways that significantly increased the obstacles for all workers seeking remedies for institutionalized racism and sexism. A reclamation of a long legacy of racial capitalist domination over Filipinos and other low-wage or unpaid migrant workers, Union by Law also tells a story of noble aspirational struggles for human rights over several generations and of the many ways that law was mobilized both to enforce and to challenge race, class, and gender hierarchy at work.
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
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.
Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.
Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero.
Maryse Condé is a Guadeloupean writer and critic whose work has challenged the categories of race, language, gender, and geography that inform contemporary literary and critical debates. In Signs of Dissent, the first full-length study in English on Condé, Dawn Fulton situates this award-winning author's work in the context of current theories of cultural identity in order to foreground Condé's unique contributions to these discussions. Staging a dialogue between Condé's novels and the field of postcolonial studies, Fulton argues that Condé enacts a strategy of "critical incorporations" in her fiction, imitating and transforming many of the prevailing narratives of postcolonial theory so as to explore their theoretical and conceptual limits. By rejecting the facile classification of her work as "Caribbean," "African," or "feminist," Condé has gained a reputation as an iconoclast. But Fulton proposes that behind this public image of provocation lies an incisive reflection on the burdens of representation imposed on the non-Western writer, and that Condé's novels expose the ways in which postcolonial criticism can be complicit in constructing such burdens even as it questions them. Signs of Dissent offers one of the most comprehensive assessments of Condé's literary production to date, illuminating its exceptional role in shaping a dialogue between francophone studies and the English-dominated field of postcolonialism.
"India's constitution protects the right to peaceful expression and its courts have issued numerous decisions that are protective of the right. However governments at both the national and state level persist in using harsh laws, many of them relics of the colonial era, to criminalize peaceful expression and arrest critics. While some prosecutions, in the end, have been dismissed or abandoned, many people who have engaged in nothing more than peaceful criticism have been arrested, held in pre-trial detention, and forced to defend themselves in costly criminal proceedings. Fear of such actions has led others to engage in self-censorship. In 2016 there has been a spike in the number of sedition cases filed nationwide. Human Rights Watch calls on the Indian government to drop all pending charges and investigations against those who are facing prosecution for the exercise of their right to freedom of expression, halt the abuse of the legal process and detain critics, and amend or repeal relevant laws to bring them into line with international human rights standards"--Page [4] of cover.
In this fresh and provocative book, Anthony DiMaggio uses the war in Iraq and the United States confrontations with Iran as his touchstones to probe the sometimes fine line between news and propaganda. Using Antonio Gramsci’s concept of hegemony and drawing upon the seminal works of Noam Chomsky, Edward Herman, and Robert McChesney, DiMaggio combines a rigorousempirical analysis and clear, lucid prose to enlighten readers about issues essential to the struggle for a critical media and a functioning democracy. If, as DiMaggio shows, our newspapers and television news programs play a decisive role in determining what we think, and if, as he demonstrates convincingly, what the media give us is largely propaganda that supports an oppressive and undemocratic status quo, then it is incumbent upon us to make sure that they are responsive to the majority and not just the powerful and privileged few.
