Author: Nancy Eleanor Sankey-JonesPublisher:
ISBN:
Category : Freedom of speech
Languages : en
Pages : 32
Book Description
Free Speech in Its Forgotten Years, 1870-1920
Author: David M. RabbanPublisher: Cambridge University Press
ISBN: 9780521655378
Category : History
Languages : en
Pages : 426
Book Description
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.
Constitutional Free Speech Defined and Defended
Author: Theodore SchroederPublisher: The Lawbook Exchange, Ltd.
ISBN: 1584770538
Category : Freedom of religion
Languages : en
Pages : 452
Book Description
The Struggle for Free Speech in the United States, 1872-1915
Author: Janice Ruth WoodPublisher: Routledge
ISBN: 1135896372
Category : History
Languages : en
Pages : 156
Book Description
This book chronicles the struggles of the Drs. Foote, examining not just their efforts to further individual rights and women's health but also the larger issues surrounding free speech and censorship in the Gilded Age of American history.
University of Missouri Bulletin
Author: A Newspaperman's Library
Author: Claire E. GinsburgPublisher:
ISBN:
Category : Journalism
Languages : en
Pages : 136
Book Description
Bulletin
Author: University of MissouriPublisher:
ISBN:
Category : Journalism
Languages : en
Pages : 340
Book Description
Journalism Series
Author: University of MissouriPublisher:
ISBN:
Category : Journalism
Languages : en
Pages : 136
Book Description
Transforming Free Speech
Author: Mark A. GraberPublisher: Univ of California Press
ISBN: 0520913132
Category : Political Science
Languages : en
Pages : 351
Book Description
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.
The Libertarian
Author: The Taming of Free Speech
Author: Laura WeinribPublisher: Harvard University Press
ISBN: 0674545710
Category : History
Languages : en
Pages : 472
Book Description
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.