Download or read book Repressive Jurisprudence in the Early American Republic written by Phillip I. Blumberg and published by Cambridge University Press. This book was released on 2010-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume seeks to explain how American society, which had been capable of noble aspirations such as those in the Declaration of Independence and the Constitution, was capable of adopting one of the most widely deplored statutes of our history, the Sedition Act of 1798. It examines how the political ideals of the American Revolution were undermined by the adoption of repressive doctrines of the English monarchial system - the criminalization of criticism against the king, the Parliament, the judiciary, and Christianity. Freedom of speech was dramatically confined, and this law remained unchallenged until well into the twentieth century. This book will be of keen interest to all concerned with the early Republic, freedom of speech, and evolution of American constitutional jurisprudence. Because it addresses the much-criticized Sedition Act of 1798, one of the most dramatic illustrations of this repressive jurisprudence, the book will also be of interest to Americans concerned about preserving free speech in wartime.

Download or read book The Education of John Adams written by R. B. Bernstein and published by Oxford University Press. This book was released on 2020-04-21 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Education of John Adams is the first biography of John Adams by a biographer with legal training. It examines his origins in colonial Massachusetts, his education, and his struggle to choose a career and define a place for himself in colonial society. It explores the flowering of his legal career and the impact that law had on him and his understanding of himself; his growing involvement with the American Revolution as polemicist, as lawyer, as congressional delegate, and as diplomat; and his commitment to defining and expounding ideas about constitutionalism and how it should work as the body of ideas shaping the new United States. The book traces his part in launching the government of the United States under the U.S. Constitution; his service as the nation's first vice president and second president; and his retirement years, during which he was first a vexed and rejected ex-president and then became the revered Sage of Braintree. It describes the relationships that sustained him - with his wife, the brilliant and eloquent Abigail Adams; with his children; with such allies and supporters as Benjamin Rush and John Marshall; with such sometime friends and sometime adversaries as Benjamin Franklin, George Washington, and Thomas Jefferson; and with such foes as Alexander Hamilton and Timothy Pickering. Bernstein establishes Adams as a key figure in the evolution of American constitutional theory and practice. This is the first biography to examine Adams's conflicted and hesitant ideas about slavery and race in the American context, raising serious questions about his mythic status as a friend of human equality and a foe of slavery. This book's foundation is the record left by Adams himself-- in diaries, letters, essays, pamphlets, and books. The Education of John Adams concludes by re-examining the often-debated question of the relevance of Adams's thought to our own time.

Download or read book Revolutionary Dissent written by Stephen D. Solomon and published by St. Martin's Press. This book was released on 2016-04-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When members of the founding generation protested against British authority, debated separation, and then ratified the Constitution, they formed the American political character we know today-raucous, intemperate, and often mean-spirited. Revolutionary Dissent brings alive a world of colorful and stormy protests that included effigies, pamphlets, songs, sermons, cartoons, letters and liberty trees. Solomon explores through a series of chronological narratives how Americans of the Revolutionary period employed robust speech against the British and against each other. Uninhibited dissent provided a distinctly American meaning to the First Amendment's guarantees of freedom of speech and press at a time when the legal doctrine inherited from England allowed prosecutions of those who criticized government. Solomon discovers the wellspring in our revolutionary past for today's satirists like Jon Stewart and Stephen Colbert, pundits like Rush Limbaugh and Keith Olbermann, and protests like flag burning and street demonstrations. From the inflammatory engravings of Paul Revere, the political theater of Alexander McDougall, the liberty tree protests of Ebenezer McIntosh and the oratory of Patrick Henry, Solomon shares the stories of the dissenters who created the American idea of the liberty of thought. This is truly a revelatory work on the history of free expression in America.

Download or read book Press and Speech Under Assault written by Wendell Bird and published by Oxford University Press. This book was released on 2016 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Village Atheists written by Leigh Eric Schmidt and published by Princeton University Press. This book was released on 2018-12-18 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling history of atheism in American public life A much-maligned minority throughout American history, atheists have been cast as a threat to the nation’s moral fabric, barred from holding public office, and branded as irreligious misfits in a nation chosen by God. Yet village atheists—as these godless freethinkers came to be known by the close of the nineteenth century—were also hailed for their gutsy dissent from stultifying pieties and for posing a necessary secularist challenge to the entanglements of church and state. In Village Atheists, Leigh Eric Schmidt explores the complex cultural terrain that unbelievers have long had to navigate in their fight to secure equal rights and liberties in American public life. He rebuilds the history of American secularism from the ground up, giving flesh and blood to these outspoken infidels. Village Atheists demonstrates that the secularist vision for the United States proved to be anything but triumphant in a country where faith and citizenship were—and still are—closely interwoven.

Download or read book Treason and Rebellion in the British Atlantic 1685 1800 written by Peter Rushton and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines internal political conflicts in the British Empire within the legal framework of treason and sedition. The threat of treason and rebellion pervaded the British Atlantic in the 17th and 18th centuries; Britain's control of its territories was continually threatened by rebellion and war, both at home and in North America. Even after American independence, Britain and its former colony continued to be fearful that opposition and revolution might follow the French example, and both took legal measures to control both speech and political action. This study places these conflicts within a political and legal framework of the laws of treason and sedition as they developed in the British Atlantic. The treason laws originated in the reign of Edward III, and were adapted and modified in the 16th and 17th centuries. They were exported to the colonies, where they underwent both adaptation and elaboration in application in the slave societies as well as those dominated by free settlers. Relationships with natives and European rivals in the Americas affected the definitions of treason in practice, and the divided loyalties of the American revolutionary war added further problems of defining loyalty and treachery. Treason and Rebellion in the British Atlantic, 1685-1800 offers a new study of treason and sedition in the period by placing them in a truly transatlantic perspective, making it a valuable study for those interested in the legal and political of Britain's empire and 18th-century revolutions.

Download or read book The Problem of Democracy written by Nancy Isenberg and published by Penguin. This book was released on 2020-04-14 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Told with authority and style. . . Crisply summarizing the Adamses' legacy, the authors stress principle over partisanship."--The Wall Street Journal How the father and son presidents foresaw the rise of the cult of personality and fought those who sought to abuse the weaknesses inherent in our democracy. Until now, no one has properly dissected the intertwined lives of the second and sixth (father and son) presidents. John and John Quincy Adams were brilliant, prickly politicians and arguably the most independently minded among leaders of the founding generation. Distrustful of blind allegiance to a political party, they brought a healthy skepticism of a brand-new system of government to the country's first 50 years. They were unpopular for their fears of the potential for demagoguery lurking in democracy, and--in a twist that predicted the turn of twenty-first century politics--they warned against, but were unable to stop, the seductive appeal of political celebrities Thomas Jefferson and Andrew Jackson. In a bold recasting of the Adamses' historical roles, The Problem of Democracy is a major critique of the ways in which their prophetic warnings have been systematically ignored over the centuries. It's also an intimate family drama that brings out the torment and personal hurt caused by the gritty conduct of early American politics. Burstein and Isenberg make sense of the presidents' somewhat iconoclastic, highly creative engagement with America's political and social realities. By taking the temperature of American democracy, from its heated origins through multiple upheavals, the authors reveal the dangers and weaknesses that have been present since the beginning. They provide a clear-eyed look at a decoy democracy that masks the reality of elite rule while remaining open, since the days of George Washington, to a very undemocratic result in the formation of a cult surrounding the person of an elected leader.

Download or read book Republic of Wrath written by James. A. Morone and published by Basic Books. This book was released on 2020-09-08 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prize-winning political scientist untangles the deep roots of tribalism in America. American politics seems to be in an unprecedented uproar. But in this revelatory work of political history, James A. Morone shows that today's rancor isn't what's new -- the clarity of the battle lines is. Past eras were full of discord, but the most contentious question in American society -- Who are we? -- never split along party lines. Instead, each party reached out to different groups on the margins of power: immigrants, African Americans, and women. But, as the United States underwent profound societal transformations from the Civil War to the populist explosion to the Great Migration to civil rights to the latest era of immigration, the party alignment shifted. African Americans conquered the old segregationist party and Democrats slowly evolved into the party of civil rights, immigration, and gender rights. Republicans turned whiter and more nativist. The unprecedented party lineup now injects tribal intensity into every policy difference. Republic of Wrath tells the story of America as we've never heard it before, explaining the origins of our fractious times and suggesting how we might build a more robust republic.

Download or read book Contents of Commercial Contracts written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.

Download or read book The Blessings of Liberty written by Michael Les Benedict and published by Rowman & Littlefield. This book was released on 2016-09-30 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This third edition is updated to include the election of 2000, the Tea Party and the rise of popular constitutionalism, and the rise of judicial supremacy as seen in cases such as Citizens United, the Affordable Care Act, and gay marriage.

Download or read book The Free Press Crisis of 1800 written by Peter Charles Hoffer and published by University Press of Kansas. This book was released on 2011-02-22 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The far-reaching Sedition Act of 1798 was introduced by Federalists to suppress Republican support of French revolutionaries and imposed fines and imprisonment "if any person shall write, print, utter or publish . . . scandalous and malicious writing or writings against the government of the United States." Such a broadly and loosely defined offense challenged the freedom of the American press and gave the government the power to drag offending newspaper editors into court. The trial of Thomas Cooper in particular became an important showcase for debating the dangers and limits of the new law, one with great implications for both the new republic and federal constitutional law. Cooper's trial has now been rescued from long neglect and illuminated by Peter Charles Hoffer, one our nation's preeminent legal historians. While most modern students of the Sedition Act regard it as an extreme measure motivated by partisan malice, Hoffer offers a much more nuanced view that weighs all the arguments and fairly considers the position of each side in historical and legal context. Hoffer sets the stage by revisiting both the much better known 1735 trial of Peter Zenger and the subsequent fashioning of the First Amendment during the first meeting of the U.S. Congress.. He then describes the rise of political factions in the early republic, congressional debate over the Sedition Act, and Thomas Jefferson's and James Madison's Kentucky and Virginia Resolves. After a close reading of Cooper's allegedly seditious writings, Hoffer brings the trial record to life, capturing prosecution and defense strategies, including Cooper's attempt to subpoena President Adams and Federalist trial judge Samuel Chase's management of the prosecution from the bench. Long after the Federalists had departed the scene, echoes of the free-press crisis continued to roil American politics-reappearing in the debates over antislavery petitions, the suppression of dissent during the Civil War and two world wars, and most recently in the trials of suspected terrorists. Hoffer's book is an authoritative review of this landmark case and a vital touchstone for anyone concerned about the role of government and the place of dissent in times of national emergency.

Download or read book Frog Hollow written by Susan Campbell and published by Wesleyan University Press. This book was released on 2019-01-15 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Portraits of a gritty New England neighborhood and its people, with accompanying photos, reflecting waves of immigrants and tides of American history. Frog Hollow: Stories from an American Neighborhood is a collection of colorful historical vignettes of an ethnically diverse neighborhood just west of the Connecticut State Capitol in Hartford. Its 1850s row houses have been home to a wide variety of immigrants. During the Revolutionary War, Frog Hollow was a progressive hub, and later, in the mid-late nineteenth century, it was a hotbed of industry. Reporter Susan Campbell tells the true stories of Frog Hollow with a primary focus on the nineteenth and early twentieth centuries: the inventors, entrepreneurs and workers, as well as the impact of African American migration to Hartford, the impact of the Civil Rights movement and the continuing fight for housing. Frog Hollow was also one of the first neighborhoods in the country to experiment with successful urban planning models, including public parks and free education. From European colonists to Irish and Haitian immigrants to Puerto Ricans, these stories of Frog Hollow show the multiple realities that make up a dynamic urban neighborhood. At the same time, they reflect the changing faces of American cities. “Goes into great detail about the misfortunes, the corporate decisions and the governmental missteps that contributed to bringing Frog Hollow low. But despite a sometimes sorrowful tone, the book ends on a hopeful note.” —Hartford Courant

Download or read book Criminal Dissent written by Wendell Bird and published by Harvard University Press. This book was released on 2020-01-07 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent. The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition. The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record. The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.

Download or read book Protest in the Long Eighteenth Century written by Yvonne Fuentes and published by Routledge. This book was released on 2021-05-18 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection of essays focuses on the topic of protest during the Enlightenment of the long eighteenth century (roughly 1670-1833). Resistance in the eighteenth century was extensive, and the act of protest to foment meaningful societal change took on many forms from the circulation of ballads, swearing of oaths, to riots and work stoppages, or the composition of essays, novels, posters, caricatures, political cartoons, as well as theater and opera. The contributors to this volume examine the causes of protest as well as the broad ways in which common artifacts such as poles, trees, drums, conchs, and songs acted as flashpoints for conflict and vehicles of protest. Rather than approaching the topic with strict geographical, temporal, and structural limitations, this book focuses on the time period from an international perspective and an interdisciplinary scope. Because of its wide scope, this book is an important contribution to the subject that will be of interest to both faculty and students of the history of protest, resistance and the changes that these forces bring as it also reminds us that the protests of today are rooted in historical resistances of the past.

Download or read book James Madison the South and the Trans Appalachian West 1783 1803 written by Jeffrey Allen Zemler and published by Lexington Books. This book was released on 2013-12-05 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The strong relationship that historians have described between the South and the trans-Appalachian West in the early nineteenth century had its origins in the twenty-year period after the American Revolution when a group of far-sighted southerners, with James Madison in the forefront, worked to form a political bond between the two regions. While many historians have taken this close relationship for granted or have dismissed it as a natural product of cultural similarities, strong family bonds and slavery being just two, it was built deliberately by a handful of forward-looking southerners with hard work and dedication. Jeffrey A. Zemler carefully analyzes the development of this bond and the history of these two regions during this twenty-year period, which is far more complicated than historians have imagined or described.

Download or read book The Routledge Research Companion to Law and Humanities in Nineteenth Century America written by Nan Goodman and published by Routledge. This book was released on 2017-05-12 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nineteenth-century America witnessed some of the most important and fruitful areas of intersection between the law and humanities, as people began to realize that the law, formerly confined to courts and lawyers, might also find expression in a variety of ostensibly non-legal areas such as painting, poetry, fiction, and sculpture. Bringing together leading researchers from law schools and humanities departments, this Companion touches on regulatory, statutory, and common law in nineteenth-century America and encompasses judges, lawyers, legislators, litigants, and the institutions they inhabited (courts, firms, prisons). It will serve as a reference for specific information on a variety of law- and humanities-related topics as well as a guide to understanding how the two disciplines developed in tandem in the long nineteenth century.

Download or read book Liberal Democracy Law and the Citizen Speaker written by Ian Cram and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delivers an original, theoretically informed analysis of the legal regulation of online speech. Rejecting the narrow pluralism of elitist and deliberative accounts of the citizen's role in political discourse, the book defends a participatory account of speech in non-deliberative settings. The latter account of political pluralism best captures the republican democratic aspiration for popular, on-going authorship of the laws and the centrality of freedom to dissent in democratic theory. The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon. In the digital world, anyone with access to the internet can be a speaker. Speech on public platforms has become democratised. At the same time, aspects of online speech are plainly problematic. Concerns exist about disinformation, 'fake news', 'deep fakes', 'weaponised speech' and 'trolls'. Offensive speech and the polarising effects of robustly expressed political opinion are also troublesome. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. Public debate is distorted and coarsened and the electorate are misled. How ought the liberal democratic state respond to these challenges? The discussion is intended to be read by academics and researchers with interests in democratic theory, digital communications and freedom of expression. It offers a stimulating and distinctive contribution to debates about online speech.