Search Results for "press-and-speech-under-assault-the-early-supreme-court-justices-the-sedition-act-of-1798-and-the-campaign-against-dissent"

Press and Speech Under Assault

Press and Speech Under Assault

The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign against Dissent

  • Author: Wendell Bird
  • Publisher: Oxford University Press
  • ISBN: 0190461640
  • Category: History
  • Page: 432
  • View: 389
DOWNLOAD NOW »
The early Supreme Court justices wrestled with how much press and speech is protected by freedoms of press and speech, before and under the First Amendment, and with whether the Sedition Act of 1798 violated those freedoms. This book discusses the twelve Supreme Court justices before John Marshall, their views of liberties of press and speech, and the Sedition Act prosecutions over which some of them presided. The book begins with the views of the pre-Marshall justices about freedoms of press and speech, before the struggle over the Sedition Act. It finds that their understanding was strikingly more expansive than the narrow definition of Sir William Blackstone, which is usually assumed to have dominated the period. Not one justice of the Supreme Court adopted that narrow definition before 1798, and all expressed strong commitments to those freedoms. The book then discusses the views of the early Supreme Court justices about freedoms of press and speech during the national controversy over the Sedition Act of 1798 and its constitutionality. It finds that, though several of the justices presided over Sedition Act trials, the early justices divided almost evenly over that issue with an unrecognized half opposing its constitutionality, rather than unanimously supporting the Act as is generally assumed. The book similarly reassesses the Federalist party itself, and finds that an unrecognized minority also challenged the constitutionality of the Sedition Act and the narrow Blackstone approach during 1798-1801, and that an unrecognized minority of the other states did as well in considering the Virginia and Kentucky Resolutions. The book summarizes the recognized fourteen prosecutions of newspaper editors and other opposition members under the Sedition Act of 1798. It sheds new light on the recognized cases by identifying and confirming twenty-two additional Sedition Act prosecutions. At each of these steps, this book challenges conventional views in existing histories of the early republic and of the early Supreme Court justices.

Press and Speech Under Assault

Press and Speech Under Assault

The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign Against Dissent

  • Author: Wendell Bird
  • Publisher: Oxford University Press
  • ISBN: 0190461624
  • Category: Alien and Sedition laws, 1798
  • Page: 568
  • View: 1867
DOWNLOAD NOW »
Based on author's thesis (doctoral - Oxford University, 2012) issued under title: Freedoms of press and speech in the first decade of the U.S. Supreme Court.

The Soul of the First Amendment

The Soul of the First Amendment

Why Freedom of Speech Matters

  • Author: Floyd Abrams
  • Publisher: Yale University Press
  • ISBN: 0300190883
  • Category: Law
  • Page: 176
  • View: 7880
DOWNLOAD NOW »
A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.

The Great Dissent

The Great Dissent

How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America

  • Author: Thomas Healy
  • Publisher: Macmillan
  • ISBN: 0805094563
  • Category: Biography & Autobiography
  • Page: 322
  • View: 2435
DOWNLOAD NOW »
Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero. (This book was previously featured in Forecast.)

The War On Our Freedoms

The War On Our Freedoms

Civil Liberties In An Age Of Terrorism

  • Author: Richard C. Leone,Gregory Anrig
  • Publisher: PublicAffairs
  • ISBN: 0786725540
  • Category: History
  • Page: 352
  • View: 8786
DOWNLOAD NOW »
In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror "-and, in the end, just as dangerous.

John Marshall and the Cases That United the States of America

John Marshall and the Cases That United the States of America

Beveridge's Abridged Life of John Marshall

  • Author: Ronald D. Rotunda
  • Publisher: N.A
  • ISBN: 9781946074140
  • Category: History
  • Page: 642
  • View: 2322
DOWNLOAD NOW »
"Albert Beveridge's classic, highly sympathetic biography of John Marshall long dominated Americans' understanding of the great Chief Justice. For generations, this winner of a 1920 Pulitzer Prize was the starting point for both popular and scholarly interpretations of Marshall, and it was second to the justice's opinions in shaping accounts of American constitutional history. Contemporary readers put off by the length of Senator Beveridge's four-volume work have Ronald Rotunda to thank for this judicious abridgment, which will make the book accessible to a new generation." --

Perilous Times

Perilous Times

Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism

  • Author: Geoffrey R. Stone
  • Publisher: W. W. Norton & Company
  • ISBN: 9780393058802
  • Category: History
  • Page: 730
  • View: 4645
DOWNLOAD NOW »
An investigation into how free speech and other civil liberties have been compromised in America by war in six historical periods describes how presidents, Supreme Court justices, and resistors contributed to the administration of civil freedoms, in an account complemented by rare photographs, posters, and historical illustrations. 20,000 first printing.

Suffrage Reconstructed

Suffrage Reconstructed

Gender, Race, and Voting Rights in the Civil War Era

  • Author: Laura E. Free
  • Publisher: Cornell University Press
  • ISBN: 1501701088
  • Category: History
  • Page: 248
  • View: 4558
DOWNLOAD NOW »
The Fourteenth Amendment, ratified on July 9, 1868, identified all legitimate voters as "male." In so doing, it added gender-specific language to the U.S. Constitution for the first time. Suffrage Reconstructed is the first book to consider how and why the amendment's authors made this decision. Vividly detailing congressional floor bickering and activist campaigning, Laura E. Free takes readers into the pre- and postwar fights over precisely who should have the right to vote. Free demonstrates that all men, black and white, were the ultimate victors of these fights, as gender became the single most important marker of voting rights during Reconstruction. Free argues that the Fourteenth Amendment's language was shaped by three key groups: African American activists who used ideas about manhood to claim black men's right to the ballot, postwar congressmen who sought to justify enfranchising southern black men, and women’s rights advocates who began to petition Congress for the ballot for the first time as the Amendment was being drafted. To prevent women’s inadvertent enfranchisement, and to incorporate formerly disfranchised black men into the voting polity, the Fourteenth Amendment’s congressional authors turned to gender to define the new American voter. Faced with this exclusion some woman suffragists, most notably Elizabeth Cady Stanton, turned to rhetorical racism in order to mount a campaign against sex as a determinant of one’s capacity to vote. Stanton’s actions caused a rift with Frederick Douglass and a schism in the fledgling woman suffrage movement. By integrating gender analysis and political history, Suffrage Reconstructed offers a new interpretation of the Civil War–era remaking of American democracy, placing African American activists and women’s rights advocates at the heart of nineteenth-century American conversations about public policy, civil rights, and the franchise.

On Liberty

On Liberty

  • Author: John Stuart Mill
  • Publisher: N.A
  • ISBN: N.A
  • Category: Civil rights
  • Page: 223
  • View: 8057
DOWNLOAD NOW »

In Search of Jefferson's Moose

In Search of Jefferson's Moose

Notes on the State of Cyberspace

  • Author: David G. Post
  • Publisher: Oxford University Press
  • ISBN: 9780199743988
  • Category: Law
  • Page: 264
  • View: 449
DOWNLOAD NOW »
In 1787, Thomas Jefferson, then the American Minister to France, had the "complete skeleton, skin & horns" of an American moose shipped to him in Paris and mounted in the lobby of his residence as a symbol of the vast possibilities contained in the strange and largely unexplored New World. Taking a cue from Jefferson's efforts, David Post, one of the nation's leading Internet scholars, here presents a pithy, colorful exploration of the still mostly undiscovered territory of cyberspace--what it is, how it works, and how it should be governed. What law should the Internet have, and who should make it? What are we to do, and how are we to think, about online filesharing and copyright law, about Internet pornography and free speech, about controlling spam, and online gambling, and cyberterrorism, and the use of anonymous remailers, or the practice of telemedicine, or the online collection and dissemination of personal information? How can they be controlled? Should they be controlled? And by whom? Post presents the Jeffersonian ideal--small self-governing units, loosely linked together as peers in groups of larger and larger size--as a model for the Internet and for cyberspace community self-governance. Deftly drawing on Jefferson's writings on the New World in Notes on the State of Virginia, Post draws out the many similarities (and differences) between the two terrains, vividly describing how the Internet actually functions from a technological, legal, and social perspective as he uniquely applies Jefferson's views on natural history, law, and governance in the New World to illuminate the complexities of cyberspace. In Search of Jefferson's Moose is a lively, accessible, and remarkably original overview of the Internet and what it holds for the future.

The Alien and Sedition Acts of 1798

The Alien and Sedition Acts of 1798

Testing the Constitution

  • Author: Terri Diane Halperin
  • Publisher: JHU Press
  • ISBN: 142141970X
  • Category: History
  • Page: 168
  • View: 9408
DOWNLOAD NOW »
In May 1798, after Congress released the XYZ Affair dispatches to the public, a raucous crowd took to the streets of Philadelphia. Some gathered to pledge their support for the government of President John Adams, others to express their disdain for his policies. Violence, both physical and political, threatened the safety of the city and the Union itself. To combat the chaos and protect the nation from both external and internal threats, the Federalists swiftly enacted the Alien and Sedition Acts. Oppressive pieces of legislation aimed at separating so-called genuine patriots from objects of suspicion, these acts sought to restrict political speech, whether spoken or written, soberly planned or drunkenly off-the-cuff. Little more than twenty years after Americans declared independence and less than ten since they ratified both a new constitution and a bill of rights, the acts gravely limited some of the very rights those bold documents had promised to protect. In The Alien and Sedition Acts of 1798, Terri Diane Halperin discusses the passage of these laws and the furor over them, as well as the difficulties of enforcement. She describes in vivid detail the heated debates and tempestuous altercations that erupted between partisan opponents: one man pulled a gun on a supporter of the act in a churchyard; congressmen were threatened with arrest for expressing their opinions; and printers were viciously beaten for distributing suspect material. She also introduces readers to the fraught political divisions of the late 1790s, explores the effect of immigration on the new republic, and reveals the dangers of partisan excess throughout history. Touching on the major sedition trials while expanding the discussion beyond the usual focus on freedom of speech and the press to include the treatment of immigrants, Halperin’s book provides a window through which readers can explore the meaning of freedom of speech, immigration, citizenship, the public sphere, the Constitution, and the Union.

Indelible Ink: The Trials of John Peter Zenger and the Birth of Americas Free Press

Indelible Ink: The Trials of John Peter Zenger and the Birth of Americas Free Press

  • Author: Richard Kluger
  • Publisher: W. W. Norton & Company
  • ISBN: 0393245470
  • Category: History
  • Page: 352
  • View: 331
DOWNLOAD NOW »
“Vivid storytelling built on exacting research.”—Bill Keller, New York Times Book Review The liberty of expression has been fixed in the firmament of our social values since our nation’s beginning—the United States was the first government to legalize free speech and a free press as fundamental rights. But when the British began colonizing the New World, any words, true or false, thought to disparage the government were judged as criminally subversive. So when in 1733 a small newspaper, the New-York Weekly Journal, printed scathing articles assailing the new British governor, William Cosby, as corrupt and abusive, colonial New York was scandalized. The paper’s publisher, John Peter Zenger — only a front man for Cosby’s adversaries, New York Supreme Court Chief Justice Lewis Morris and the shrewd attorney James Alexander — became the endeavor’s courageous fall guy when Cosby brought the full force of his high office down upon it. Zenger faced a jury on August 4, 1735, in a proceeding matched in importance during the colonial period only by the Salem Witch Trials. In Indelible Ink, acclaimed social historian Richard Kluger re-creates in rich detail this dramatic clash of powerful antagonists that marked the beginning of press freedom in America. Here is an enduring lesson that resounds to this day on the vital importance of free public expression as the underpinning of democracy.

Habeas Corpus in Wartime

Habeas Corpus in Wartime

From the Tower of London to Guantanamo Bay

  • Author: Amanda L. Tyler
  • Publisher: Oxford University Press
  • ISBN: 0199856664
  • Category: Law
  • Page: 448
  • View: 2059
DOWNLOAD NOW »
Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.

Freedom of Speech in War Time

Freedom of Speech in War Time

  • Author: Zechariah Chafee
  • Publisher: N.A
  • ISBN: N.A
  • Category: Freedom of speech
  • Page: 41
  • View: 2621
DOWNLOAD NOW »

Democracy of Sound

Democracy of Sound

Music Piracy and the Remaking of American Copyright in the Twentieth Century

  • Author: Alex Sayf Cummings
  • Publisher: Oxford University Press
  • ISBN: 019067511X
  • Category:
  • Page: 274
  • View: 819
DOWNLOAD NOW »
It was a time when music fans copied and traded recordings without permission. An outraged music industry pushed Congress to pass anti-piracy legislation. Yes, that time is now; it was also the era of Napster in the 1990s, of cassette tapes in the 1970s, of reel-to-reel tapes in the 1950s, even the phonograph epoch of the 1930s. Piracy, it turns out, is as old as recorded music itself. In Democracy of Sound, Alex Sayf Cummings uncovers the little-known history of music piracy and its sweeping effects on the definition of copyright in the United States. When copyright emerged, only visual material such as books and maps were thought to deserve protection; even musical compositions were not included until 1831. Once a performance could be captured on a wax cylinder or vinyl disc, profound questions arose over the meaning of intellectual property. Is only a written composition defined as a piece of art? If a singer performs a different interpretation of a song, is it a new and distinct work? Such questions have only grown more pressing with the rise of sampling and other forms of musical pastiche. Indeed, music has become the prime battleground between piracy and copyright. It is compact, making it easy to copy. And it is highly social, shared or traded through social networks--often networks that arise around music itself. But such networks also pose a counter-argument: as channels for copying and sharing sounds, they were instrumental in nourishing hip-hop and other new forms of music central to American culture today. Piracy is not always a bad thing. An insightful and often entertaining look at the history of music piracy, Democracy of Sound offers invaluable background to one of the hot-button issues involving creativity and the law.

Dangerous Neighbors

Dangerous Neighbors

Making the Haitian Revolution in Early America

  • Author: James Alexander Dun
  • Publisher: University of Pennsylvania Press
  • ISBN: 0812248317
  • Category: History
  • Page: 384
  • View: 9737
DOWNLOAD NOW »
Dangerous Neighbors shows how the Haitian Revolution permeated early American print culture and had a profound impact on the young nation's domestic politics. Focusing on Philadelphia as both a representative and an influential vantage point, it follows contemporary American reactions to the events through which the French colony of Saint Domingue was destroyed and the independent nation of Haiti emerged. Philadelphians made sense of the news from Saint Domingue with local and national political developments in mind and with the French Revolution and British abolition debates ringing in their ears. In witnessing a French colony experience a revolution of African slaves, they made the colony serve as powerful and persuasive evidence in domestic discussions over the meaning of citizenship, equality of rights, and the fate of slavery. Through extensive use of manuscript sources, newspapers, and printed literature, Dun uncovers the wide range of opinion and debate about events in Saint Domingue in the early republic. By focusing on both the meanings Americans gave to those events and the uses they put them to, he reveals a fluid understanding of the American Revolution and the polity it had produced, one in which various groups were making sense of their new nation in relation to both its own past and a revolution unfolding before them. Zeroing in on Philadelphia—a revolutionary center and an enclave of antislavery activity—Dun collapses the supposed geographic and political boundaries that separated the American republic from the West Indies and Europe.

Free Speech On Trial

Free Speech On Trial

Communication Perspectives on Landmark Supreme Court Decisions

  • Author: Richard A. Parker
  • Publisher: University of Alabama Press
  • ISBN: 081735025X
  • Category: Language Arts & Disciplines
  • Page: 344
  • View: 5291
DOWNLOAD NOW »
Essays by twenty legal communication scholars consider the eligibility of free speech and the issues associated with its protection, in a collection that considers such topics as unregulated speech and the free market, the concept of obscenity as expression, symbolic language, and the consequences of pre-publication restraint. Simultaneous. (Politics & Government)

Freedom Under Fire

Freedom Under Fire

U.S. Civil Liberties in Times of War

  • Author: Michael Linfield
  • Publisher: South End Press
  • ISBN: 9780896083745
  • Category: Law
  • Page: 282
  • View: 1691
DOWNLOAD NOW »
“The great wars we have fought for the sake of liberty have been accompanied, without exception, by the most draconian assaults on individual rights. This is the theme of Michael Linfield's Freedom Under Fire, and he documents it with examples from every war since the American Revolution.”—The Progressive “Linfield demonstrates conclusively, starting with the American Revolution and coming right up to the invasion of Panama, that the Bill of Rights is set aside by the government again and again, for reasons of 'national security.' He performs an important service, reminding us that liberty cannot be entrusted to the Bill of Rights or to the three branches of government, but only can be safeguarded by our own vigilance.”—Howard Zinn

Only Words

Only Words

  • Author: Catharine A. MacKinnon
  • Publisher: Harvard University Press
  • ISBN: 0674504054
  • Category: Social Science
  • Page: N.A
  • View: 4407
DOWNLOAD NOW »
MacKinnon contends that pornography, racial and sexual harassment, and racial hate speech are acts of intimidation, subordination, terrorism, and discrimination, and should be legally treated as such.

When the United States Spoke French

When the United States Spoke French

Five Refugees Who Shaped a Nation

  • Author: Francois Furstenberg
  • Publisher: Penguin
  • ISBN: 0143127454
  • Category: History
  • Page: 512
  • View: 8220
DOWNLOAD NOW »
"In 1789, as the French Revolution shook Europe to the core, the new United States was struggling for survival in the face of financial insolvency and bitter political and regional divisions. When the United States Spoke French explores the republic's formative years from the viewpoint of a distinguished circle of five Frenchmen taking refuge in America. When the French Revolution broke out, these men had been among its leaders. They were liberal aristocrats and ardent Anglophiles, convinced of the superiority of the British system of monarchy and constitution. They also idealized the new American republic, which seemed to them an embodiment of the Enlightenment ideals they celebrated. But soon the Revolutionary movement got ahead of them, and they found themselves chased across the Atlantic. François Furstenberg follows these five men -- Charles-Maurice de Talleyrand-Périgord, Napoleon's future foreign minister; theorist/reformer Rochefoucauld, the duc de Liancourt; Louis-Marie Vicomte de Noailles; Moreau de Saint-Méry; and Constantin-François Chasseboeuf, Comte Volney -- as they left their homes and families in France, crossed the Atlantic, and landed in Philadelphia -- then America's capital, its principal port, and by far its most cosmopolitan city and the home of the wealthiest merchants and financiers. The book vividly reconstructs their American adventures, following along as they integrated themselves into the city and its elite social networks, began speculating on backcountry lands, and eventually became enmeshed in Franco-American diplomacy. Through their stories, we see some of the most famous events of early American history in a new light, from the diplomatic struggles of the 1790s to the Haitian Revolution to the Louisiana Purchase in 1803. By the end of this period, the United States was on its way to becoming a major global power. Through this small circle of men, we find new ways to understand the connections between U.S. and world history, and gain fresh insight into American history's most critical era. Beautifully written and brilliantly argued, When the United States Spoke French offers a fresh perspective on the tumultuous years of the young nation, when the first great republican experiments were put to the test"--