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Free Speech in its Forgotten Years, 1870-1920 » (1st Edition)

Book cover image of Free Speech in its Forgotten Years, 1870-1920 by David M. Rabban

Authors: David M. Rabban
ISBN-13: 9780521655378, ISBN-10: 0521655374
Format: Paperback
Publisher: Cambridge University Press
Date Published: November 1999
Edition: 1st Edition

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Author Biography: David M. Rabban

Book Synopsis

Controversies and litigation about free speech, often involving sex reformers and labor unions, preceded the Espionage Act of 1917.

Library Journal

Challenging the view that free speech controversies and court cases effectively began during World War I, Rabban (law, Univ. of Texas, Austin) focuses on free speech issues between the Civil War and World War I. Through an impressive marshaling of controversies, cases, and litigants, he persuasively argues that libertarian radicalism and the Free Speech League, more than traditional American liberalism and the American Civil Liberties Union, deserve much of the credit for pushing valuable First Amendment issues to the forefront of American social, political, and legal circles. Of particular note is Rabban's treatment of the tension between libertarian radicalism and American liberalism, especially in the context of the debate over the meaning and application of the free speech provision of the First Amendment. This enlightening work fills a void in First Amendment civil liberties studies. Deserving careful scrutiny by scholars and others alike, it is highly recommended for all libraries.Stephen Kent Shaw, Northwest Nazarene Coll., Nampa, Id.

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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