Free Speech In Its Forgotten Years 1870 1920
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Author | : David M. Rabban |
Publisher | : Cambridge University Press |
Total Pages | : 426 |
Release | : 1997 |
Genre | : History |
ISBN | : 9780521655378 |
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.
Author | : Michael Kent Curtis |
Publisher | : Duke University Press |
Total Pages | : 544 |
Release | : 2000-11-17 |
Genre | : History |
ISBN | : 9780822325291 |
A review chapter is also included to bring the story up-to-date."--Jacket.
Author | : Mark A. Graber |
Publisher | : Univ of California Press |
Total Pages | : 351 |
Release | : 2023-11-10 |
Genre | : Political Science |
ISBN | : 0520913132 |
Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.
Author | : Roy Rosenzweig |
Publisher | : Cambridge University Press |
Total Pages | : 324 |
Release | : 1983 |
Genre | : History |
ISBN | : 9780521313971 |
Focusing on the city of Worcester, Massachusetts the author takes the reader to the saloons, the amusement parks, and the movie houses where American industrial workers spent their leisure hours, to explore the nature of working-class culture and class relations during this era.
Author | : David M. Rabban |
Publisher | : Cambridge University Press |
Total Pages | : 585 |
Release | : 2013 |
Genre | : History |
ISBN | : 0521761913 |
This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.
Author | : Charles R. Epp |
Publisher | : University of Chicago Press |
Total Pages | : 348 |
Release | : 1998-10-15 |
Genre | : Law |
ISBN | : 9780226211626 |
List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Author | : William W. Van Alstyne |
Publisher | : |
Total Pages | : 180 |
Release | : 2006-08-10 |
Genre | : Law |
ISBN | : |
This supplement is a compilation containing updated cases relating to First Amendment law. Subjects covered include First Amendment issues concerning social advocacy, nonpolitical speech, the Church-State clauses, and cases defining Religion.
Author | : David M. Kennedy |
Publisher | : Oxford University Press |
Total Pages | : 452 |
Release | : 2004-09-16 |
Genre | : History |
ISBN | : 9780195173994 |
With a new Afterword, Pulitzer Prize-winning author Kennedy reveals how the First World War's legacy of Wilsonian idealism is reflected today in President George W. Bush's National Security Strategy.
Author | : David F. Forte |
Publisher | : Regnery Publishing |
Total Pages | : 642 |
Release | : 2014-09-15 |
Genre | : Political Science |
ISBN | : 1621572684 |
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.
Author | : Eric B. Easton |
Publisher | : University of Wisconsin Pres |
Total Pages | : 282 |
Release | : 2018-01-09 |
Genre | : Biography & Autobiography |
ISBN | : 0299314006 |
"As muckrakers, feminists, pacifists, anarchists, socialists, and communists were arrested or censored for their outspoken views, many of them turned to a Manhattan lawyer named Gilbert Roe to keep them in business and out of jail. In articulating and upholding Americans' fundamental right to free expression against charges of obscenity, libel, espionage, sedition, or conspiracy during turbulent times, Roe was rarely successful in the courts. His greatest victory was the influential 1917 decision by Judge Learned Hand in 'The Masses Publishing Co. v. Patten'. Roe's battles illuminate the evolution of free speech doctrine and practice in an era when it was under heavy assault."--Back cover.