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In a stinging dissent to a 1961 Supreme Court decision that allowed the Illinois state bar to deny admission to prospective lawyers if they refused to answer political questions, Justice Hugo Black closed with the memorable line, "We must not be afraid to be free." Black saw the First Amendment as the foundation of American freedom - the guarantor of all other Constitutional rights. Yet since free speech is by nature unruly, people fear it. Consequently, the impulse to curb or limit it has been a constant danger throughout American history. In We Must Not Be Afraid to Be Free, two of America's leading free speech scholar-activists, Ron Collins and Sam Chaltain, provide an authoritative history of free speech in modern America. Each chapter is an engaging narrative account of a landmark First Amendment case that foregrounds the colorful people involved-judges, plaintiffs, attorneys, defendants-and the issue at stake. Cumulatively, the chapters provide a definitive account of how the First Amendment evolved over the course of a century. Tracing the development of free speech rights from a more restrictive era-the early twentieth century-through the Warren Court revolution of the 1960s and up to the current post 9/11 era of heightened security concerns, Collins and Chaltain not only cover the history of an ideal, but explain in accessible language how the law surrounding the ideal transformed. Essential for anyone interested in this most essential of rights, We Must Not Be Afraid to Be Free will be a standard work on free speech for years to come.
The Difficult Art of Giving rethinks standard economic histories of the literary marketplace. Traditionally, American literary histories maintain that the post-Civil War period marked the transition from a system of elite patronage and genteel amateurism to what is described as the free literary market and an era of self-supporting professionalism. These histories assert that the market helped to democratize literary production and consumption, enabling writers to sustain themselves without the need for private sponsorship. By contrast, Francesca Sawaya demonstrates the continuing importance of patronage and the new significance of corporate-based philanthropy for cultural production in the United States in the postbellum and modern periods. Focusing on Henry James, William Dean Howells, Mark Twain, Charles Chesnutt, and Theodore Dreiser, Sawaya explores the notions of a free market in cultural goods and the autonomy of the author. Building on debates in the history of the emotions, the history and sociology of philanthropy, feminist theory, and the new economic criticism, Sawaya examines these major writers' careers as well as their rich and complex representations of the economic world. Their work, she argues, demonstrates that patronage and corporate-based philanthropy helped construct the putatively free market in literature. The book thereby highlights the social and economic interventions that shape markets, challenging old and contemporary forms of free market fundamentalism.