Free Speech in its Forgotten Years, 1870-1920 / Edition 1

Free Speech in its Forgotten Years, 1870-1920 / Edition 1

by David M. Rabban
     
 

Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, this text reveals that important free speech controversies and legal cases, often involving sex reformers and labor unions, preceded the Espionage Act of 1917. See more details below

Overview

Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, this text reveals that important free speech controversies and legal cases, often involving sex reformers and labor unions, preceded the Espionage Act of 1917.

Product Details

ISBN-13:
9780521655378
Publisher:
Cambridge University Press
Publication date:
11/13/1999
Series:
Cambridge Historical Studies in American Law and Society Series
Edition description:
New Edition
Pages:
422
Product dimensions:
5.98(w) x 8.98(h) x 0.94(d)

Table of Contents

Acknowledgments
Introduction1
1The Lost Tradition of Libertarian Radicalism23
Josiah Warren and Individualist Anarchism26
The Comstock Act27
The Controversy Over Cupid's Yokes32
Lucifer: The Light-Bearer41
The Emergence of the Free Speech Language44
The Commitment to Free Speech for All Viewpoints57
The Work of the Free Speech League64
2The IWW Free Speech Fights77
An Overview of the Free Speech Fights78
The IWW Ideology of Free Speech83
Popular Reactions88
Official Reactions100
Analysis of Free Speech Themes109
Regulation of Street Speaking110
Defining the Boundaries of Protected Speech116
Free Speech and Majority Rule126
3The Courts of Free Speech129
The Bad Tendency Test132
Topical Analysis of Free Speech Issues146
The First Amendment and State Action147
Postal Regulation149
Regulation of Political Campaigns152
Libel and Contempt155
Regulation of Public Speaking165
Labor Injunctions169
Ignoring Free Speech Issues173
The Judicial Tradition175
4Legal Scholarship177
Theoretical Sources for Free Speech Views179
The Rejection of Blackstone189
Limiting the Bad Tendency Test193
Alternative standards for Analyzing Free Speech Claims200
The Heritage of Prewar Scholarship210
5Free Speech in Progressive Social Thought211
John Dewey217
Herbert Croly232
Continuities in Dewey's Criticism of Pacifist Dissent during World War I243
6The Espionage Act248
The Legislative History of the Espionage Act249
Espionage Act Litigation in the Lower Federal Courts255
The Selective Draft Law Cases270
Supreme Court Briefs in the First Espionage Act Cases272
The Supreme Court Decisions279
The Origins of Clear and Present Danger285
7World War I and the Creation of the Modern Civil Liberties Movement299
The New Civil Libertarians of the ACLU and the Demise of the Free Speech League304
Zechariah Chafee, Jr.: The Scholars as Advocate316
Dewey's Revised Analysis of Free Speech335
8Holmes, Brandeis, and the Judicial Transformation of the First Amendment after World War I342
Supreme Court Majority Decisions in the 1920s344
Holmes's Transformation in Abrams346
The Contribution of Brandeis355
The Judicial Transformation of the First Amendment371
9Epilogue: Current Parallels to Prewar Progressive Thought381
Index395

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