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Troubled by the herd instinct and repression unleashed by World War I, Justice Oliver Wendell Holmes insisted that the right of any American to be heard depended on the right of all Americans to speak, regardless of how obnoxious their views. This ideal, which was to become a defining aspect of the nation's political culture, was put to the test during World War II by the hate-filled rhetoric of Bundists, Christian fundamentalists, Black nationalists, and others. Idealism faltered as citizens, including erstwhile civil libertarians, demanded a new realistic definition of free speech. This book tells the story of the brave, not always successful, efforts of a few officials to sustain the libertarian ideal in the face of military defeat, rumours of Fifth Columnist intrigue and demands that the appearance of national unity be sustained by government repression. This is a unique examination of how civil libertarian ideals, developed by the courts and legal scholars, were applied by government in crisis times.
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.
Troubled by the 'herd' instinct and repression unleashed by World War I, Justice Oliver Wendell Holmes insisted that the right of any American to be heard depended on the right of all Americans to speak regardless of how obnoxious their views. This ideal, which was to become a defining aspect of the nation's political culture, was put to the test during World War II by the hate-filled rhetoric of Bundists, Christian fundamentalists, Black nationalists, and others. Idealism faltered as citizens, including erstwhile civil libertarians, demanded a new 'realistic' definition of free speech. This book tells the story of the brave, not always successful, efforts of a few officials to sustain the libertarian ideal in the face of military defeat, rumours of Fifth Columnist intrigue and demands that the appearance of national unity be sustained by government repression. This is a unique examination of how civil libertarian ideals, developed by the courts and legal scholars, were applied by government in crisis times. It therefore suggests, as few other works do, the viability and practicality of free speech orthodoxy.
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.
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.
Assembling a diverse group of commentators, activists and academics, this book answers the following questions: who gets to exercise free speech and who does not? What happens when powerful voices think they have been silenced? Why do some issues become sites of free speech battles and what are the consequences of this? How do the spaces and structures of 'speech' - mass media, the internet, the lecture theatre, the public event, the political rally - shape this debate?Ultimately, the book argues that free speech is invoked by actors right across the political spectrum, but that in reality very few of the debates have a clear or coherent idea of what is meant by the concept of 'free speech'.
From Kim Strassel-one of the preeminent political columnists writing today and member of the Wall Street Journal editorial board-comes an insightful, alarming look at how the Left, once the champion of civil liberties, is today orchestrating a coordinated campaign to bully Americans out of free speech. For nearly 40 years, Washington and much of the American public have held up disclosure and campaign finance laws as ideals, and the path to cleaner and freer elections. This book will show, through first-hand accounts, how both have been hijacked by the Left as weapons against free speech and free association, becoming the most powerful tools of those intent on silencing their political opposition. The Intimidation Game provides a chilling expose of political scare tactics and overreach, including: How Citizens United set off a wave of liberal harassment against conservative politicians The targeting of Tea Party groups by the IRS How Wisconsin prosecutors, state AGs, and a Democratic Congress shut down political activists and businesses The politicization by the Obama administration of a host of government agencies including the FEC, FCC and the SEC The Intimidation Game will shine a much-needed light on how liberal governance and the Democratic machine bullies the political process.
Among these sometimes unlikely defenders of free speech are Rick Nuccio, a diplomat who disclosed secret information about the torture of Jennifer Harbury's husband and related government misconduct in Guatemala; Daisy Sanchez, a Puerto Rican journalist who risked going to prison to protect her sources; Penny Culliton, a high school teacher who was fired for discussing gays and lesbians in literature; Michael Willhoite, author of the children's book Daddy's Roommate, which was the most banned book in the country for two years running; Steve Johnson, a fireman who fought for his right to read Playboy at work; and Annie Sprinkle, a former porn star who defended her performance piece, Post-Porn Modernist, as art."--Jacket.
“A historical demonstration of the indispensability of the First Amendment [and] … an earnest and timely argument for [its] enduring value.” —Kirkus Reviews "Great storytelling about the history and importance of the First Amendment, from someone who has spent his life defending — and using — it." —Mary Beth Tinker Free speech is not an obstacle to change: it is the way change happens Uncovering vivid and engaging stories about First Amendment pioneers, How Free Speech Saved Democracy shows how their struggle made possible the surging protests that aim to expand democracy today. How Free Speech Saved Democracy is a revealing reminder that First Amendment rights have often been curtailed in efforts to block progress, and that current measures to reduce hurtful language and to end hate speech could backfire on those who promote them. To those who see free speech as a threat to democracy, Finan offers engaging evidence from a long and sometimes challenging history of free speech in America to show how free speech has been essential to expanding democracy. From the beginning of American history, free speech has been used to advocate for change. In the 19th century, abolitionists, advocates for women’s rights, and leaders of the labor movement had to fight for free speech. In the 20th century, the civil rights and anti-war movements expanded free speech, creating a shield for every protest movement we see today. Written by a historian who became a full-time defender of civil liberties and has spent four decades advocating for the rights of victims of censorship, this book grew out of Finan’s desire to address the declining support for free speech that is occurring as our country becomes increasingly polarized. Through his evocative storytelling Finan demonstrates how the most effective antidote for the growth of hate speech and violence is support for and cultivation of the robust alternative of free speech.