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Free Expression And Democracy In America

Overview

From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. While efforts by governmental leaders to quiet their citizens seem inconsistent with the vital connection between democracy and free speech, this important book shows a recurring pattern in which two rival traditions in American culture - suppression of speech and dissent as a form of speech - interact. The result is an unparalleled ...
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Overview

From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. While efforts by governmental leaders to quiet their citizens seem inconsistent with the vital connection between democracy and free speech, this important book shows a recurring pattern in which two rival traditions in American culture - suppression of speech and dissent as a form of speech - interact. The result is an unparalleled overview of the law, history, and politics of individual rights in the United States.
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Editorial Reviews

Choice

“Blending together a discussion of how such notions as the public good, virtue, rights, citizenship, and value relativism are rtransformed from one era to another, Feldman subtly explains how constitutional doctrine on free expression evolves both within and across eras. . . . He offers readers a useful place to begin pondering this difficult topic. Highly recommended.”—Choice

Journal of American History

"A valuable addition to the literature of free speech and the most complete historical discussion of the topic."

— L.A. Scott Powe Jr.

Law and Politics Book Review

"Feldman is to be congratulated for his rigorous blending of judicial history, American history, and constitutional jurisprudence, all the while keeping dissent and suppression at the fore."

— Jerome O'Callaghan

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Product Details

  • ISBN-13: 9781459606043
  • Publisher: ReadHowYouWant, LLC
  • Publication date: 5/14/2011
  • Edition description: Large Print
  • Edition number: 16
  • Pages: 620
  • Product dimensions: 7.00 (w) x 10.00 (h) x 1.25 (d)

Meet the Author

Stephen M. Feldman is the Jerry W. Housel/Carl F. Arnold Distinguished Professor of Law and Adjunct Professor of Political Science at the University of Wyoming. He is the author or editor of several books, including Law and Religion: A Critical Anthology.

 

 

 

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Table of Contents

1 Democracy and Free Expression 1

2 Republican Democracy from the Revolution through the Civil War 14

3 Free Expression in the Early Years 46

4 The Sedition Act Controversy 70

5 Free Expression in the Nineteenth Century to 1865 101

6 Republican Democracy from Reconstruction through 1920 153

7 Free Expression, American Society, and the Supreme Court 209

8 Free Expression during the World War I Era 241

9 Transition to Pluralist Democracy 291

10 Pluralist Democracy and Judicial Review 349

11 Free Expression, Pluralist Democracy, and the Supreme Court 383

12 The Traditions of Dissent and Suppression in the Pluralist Democratic Regime 420

13 Open Questions 463

Notes 473

Index 539

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