Download or read book Zechariah Chafee Jr Defender of Liberty and Law written by Donald L. Smith and published by Harvard University Press. This book was released on 1986 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first biography of this distinguished American, Donald Smith portrays Chafee as temperamentally conservative, only accidentally a defender of radicals and a civil rights advocate. This perceptive intellectual biography brings to life the story of a scholar caught up in the dramatic political events of his time.

Download or read book We Must Not Be Afraid to Be Free written by Ronald K.L. Collins and published by Oxford University Press. This book was released on 2011-02-25 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a stinging dissent to a 1961 Supreme Court decision that allowed the Illinois state bar to deny admission to prospective lawyers if they refused to answer political questions, Justice Hugo Black closed with the memorable line, "We must not be afraid to be free." Black saw the First Amendment as the foundation of American freedom--the guarantor of all other Constitutional rights. Yet since free speech is by nature unruly, people fear it. The impulse to curb or limit it has been a constant danger throughout American history. In We Must Not Be Afraid to Be Free, Ron Collins and Sam Chaltain, two noted free speech scholars and activists, provide authoritative and vivid portraits of free speech in modern America. The authors offer a series of engaging accounts of landmark First Amendment cases, including bitterly contested cases concerning loyalty oaths, hate speech, flag burning, student anti-war protests, and McCarthy-era prosecutions. The book also describes the colorful people involved in each case--the judges, attorneys, and defendants--and the issues at stake. Tracing the development of free speech rights from a more restrictive era--the early twentieth century--through the Warren Court revolution of the 1960s and beyond, Collins and Chaltain not only cover the history of a cherished ideal, but also explain in accessible language how the law surrounding this ideal has changed over time. Essential for anyone interested in this most fundamental of our rights, We Must Not Be Afraid to Be Free provides a definitive and lively account of our First Amendment and the price courageous Americans have paid to secure them.

Download or read book The Day Wall Street Exploded written by Beverly Gage and published by Oxford University Press. This book was released on 2009-01-28 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just after noon on September 16, 1920, as hundreds of workers poured onto Wall Street for their lunchtime break, a horse-drawn cart packed with dynamite exploded in a spray of metal and fire, turning the busiest corner of the financial center into a war zone. Thirty-nine people died and hundreds more lay wounded, making the Wall Street explosion the worst terrorist attack in U.S. history until the Oklahoma City bombing. In The Day Wall Street Exploded, Beverly Gage tells the story of that once infamous but now largely forgotten event. Based on thousands of pages of Bureau of Investigation reports, this historical detective saga traces the four-year hunt for the perpetrators, a worldwide effort that spread as far as Italy and the new Soviet nation. It also gives readers the decades-long but little-known history of homegrown terrorism that helped to shape American society a century ago. The book delves into the lives of victims, suspects, and investigators: world banking power J.P. Morgan, Jr.; labor radical "Big Bill" Haywood; anarchist firebrands Emma Goldman and Luigi Galleani; "America's Sherlock Holmes," William J. Burns; even a young J. Edgar Hoover. It grapples as well with some of the most controversial events of its day, including the rise of the Bureau of Investigation, the federal campaign against immigrant "terrorists," the grassroots effort to define and protect civil liberties, and the establishment of anti-communism as the sine qua non of American politics. Many Americans saw the destruction of the World Trade Center as the first major terrorist attack on American soil, an act of evil without precedent. The Day Wall Street Exploded reminds us that terror, too, has a history. Praise for the hardcover: "Outstanding." --New York Times Book Review "Ms. Gage is a storyteller...she leaves it to her readers to draw their own connections as they digest her engaging narrative." --The New York Times "Brisk, suspenseful and richly documented" --The Chicago Tribune "An uncommonly intelligent, witty and vibrant account. She has performed a real service in presenting such a complicated case in such a fair and balanced way." --San Francisco Chronicle

Download or read book Routledge Revivals Encyclopedia of American Civil Liberties 2006 written by Paul Finkelman and published by Routledge. This book was released on 2018-02-05 with total page 1308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.

Download or read book Cardozo written by Andrew L. Kaufman and published by Harvard University Press. This book was released on 1998 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose contributions to the law remain relevant. This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law. Cardozo was a progressive judge who understood and defended the proposition that judge-made law must be adapted to modern conditions. He also preached and practiced the doctrine that respect for precedent, history, and all branches of government limited what a judge could and should do. Thus, he did not modernize law at every opportunity. In this book, Kaufman interweaves the personal and professional lives of this remarkable man to yield a multidimensional whole. Cardozo's family ties to the Jewish community were a particularly significant factor in shaping his life, as was his father's scandalous career--and ultimate disgrace--as a lawyer and judge. Kaufman concentrates, however, on Cardozo's own distinguished career, including twenty-three years in private practice as a tough-minded and skillful lawyer and his classic lectures and writings on the judicial process. From this biography emerges an estimable figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.

Download or read book Louis D Brandeis written by Melvin I. Urofsky and published by Schocken. This book was released on 2012-09-04 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a young lawyer in the late nineteenth and early twentieth centuries, Louis Brandeis, born into a family of reformers who came to the United States to escape European anti-Semitism, established the way modern law is practiced. He was an early champion of the right to privacy and pioneer the idea of pro bono work by attorneys. Brandeis invented savings bank life insurance in Massachusetts and was a driving force in the development of the Clayton Antitrust Act, the Federal Reserve Act, and the law establishing the Federal Trade Commission. Brandeis witnessed and suffered from the anti-Semitism rampant in the United States in the early twentieth century, and with the outbreak of World War I, became at age fifty-eight the head of the American Zionist movement. During the brutal six-month congressional confirmation battle that ensued when Woodrow Wilson nominated him to the Supreme Court in 1916, Brandeis was described as “a disturbing element in any gentlemen’s club.” But once on the Court, he became one of its most influential members, developing the modern jurisprudence of free speech and the doctrine of a constitutionally protected right to privacy and suggesting what became known as the doctrine of incorporation, by which the Bill of Rights came to apply to the states. In this award-winning biography, Melvin Urofsky gives us a panoramic view of Brandeis’s unprecedented impact on American society and law.

Download or read book Brandeis and the Progressive Constitution written by Edward A. Purcell and published by Yale University Press. This book was released on 2000-02-09 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the twentieth century, and particularly between the 1930s and 1950s, ideas about the nature of constitutional government, the legitimacy of judicial lawmaking, and the proper role of the federal courts evolved and shifted. This book focuses on Supreme Court justice Louis D. Brandeis and his opinion in the 1938 landmark case Erie Railroad Co. v. Tompkins, which resulted in a significant relocation of power from federal to state courts. Distinguished legal historian Edward A. Purcell, Jr., shows how the Erie case provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era. Purcell also offers an in-depth study of Brandeis's constitutional jurisprudence and evolving legal views. Examining the social origins and intended significance of the Erie decision, Purcell concludes that the case was a product of early twentieth-century progressivism. The author explores Brandeis's personal values and political purposes and argues that the justice was an exemplar of neither "judicial restraint" nor "neutral principles," despite his later reputation. In an analysis of the continual reconceptions of both Brandeis and Erie by new generations of judges and scholars in the twentieth century, Purcell also illuminates how individual perspectives and social pressures combined to drive the law's evolution.

Download or read book Civilizing Torture written by W. Fitzhugh Brundage and published by Belknap Press. This book was released on 2020-03-10 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pulitzer Prize Finalist Silver Gavel Award Finalist “A sobering history of how American communities and institutions have relied on torture in various forms since before the United States was founded.” —Los Angeles Times “That Americans as a people and a nation-state are violent is indisputable. That we are also torturers, domestically and internationally, is not so well established. The myth that we are not torturers will persist, but Civilizing Torture will remain a powerful antidote in confronting it.” —Lawrence Wilkerson, former Chief of Staff to Secretary of State Colin Powell “Remarkable...A searing analysis of America’s past that helps make sense of its bewildering present.” —David Garland, author of Peculiar Institution Most Americans believe that a civilized state does not torture, but that belief has repeatedly been challenged in moments of crisis at home and abroad. From the Indian wars to Vietnam, from police interrogation to the War on Terror, US institutions have proven far more amenable to torture than the nation’s commitment to liberty would suggest. Civilizing Torture traces the history of debates about the efficacy of torture and reveals a recurring struggle to decide what limits to impose on the power of the state. At a time of escalating rhetoric aimed at cleansing the nation of the undeserving and an erosion of limits on military power, the debate over torture remains critical and unresolved.

Download or read book The Encyclopedia of Civil Liberties in America written by David Schultz and published by Routledge. This book was released on 2015-04-10 with total page 1234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.

Download or read book War Press Freedom written by Jeffery Alan Smith and published by Oxford University Press. This book was released on 1999 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: War and Press Freedom: The Problem of Prerogative Power is a groundbreaking and provocative study of one of the most perplexing civil liberties issues in American history: What authority does or should the government have to control press coverage and commentary in wartime? First Amendment scholar Jeffery A. Smith shows convincingly that no such extraordinary power exists under the Constitution, and that officials have had to rely on claiming the existence of an autocratic "higher law" of survival. Smith carefully surveys the development of statutory restrictions and military regulations for the news media from the ratification of the Bill of Rights in 1791 through the Gulf War of 1991. He concludes that the armed forces can justify refusal to divulge a narrow range of defense secrets, but that imposing other restrictions is unwise, unnecessary, and unconstitutional. In any event, as electronic communication becomes almost impossible to constrain, soldiers and journalists must learn how to respect each other's obligations in a democratic system.

Download or read book The Secular Revolution written by Christian Smith and published by Univ of California Press. This book was released on 2003-06-04 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents a radical rethinking of the secularization of American public life.

Download or read book Education and Democracy written by Adam R. Nelson and published by Univ of Wisconsin Press. This book was released on 2009-01-09 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive biography of the charismatic Alexander Meiklejohn tracks his turbulent career as an educational innovator at Brown University, Amherst College, and Wisconsin’s “Experimental College” in the early twentieth century and his later work as a civil libertarian in the Joe McCarthy era. The central question Meiklejohn asked throughout his life’s work remains essential today: How can education teach citizens to be free?

Download or read book The Constitution and the New Deal written by G. Edward White and published by Harvard University Press. This book was released on 2000-12-15 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a powerful new narrative, G. Edward White challenges the reigning understanding of twentieth-century Supreme Court decisions, particularly in the New Deal period. He does this by rejecting such misleading characterizations as "liberal," "conservative," and "reactionary," and by reexamining several key topics in constitutional law. Through a close reading of sources and analysis of the minds and sensibilities of a wide array of justices, including Holmes, Brandeis, Sutherland, Butler, Van Devanter, and McReynolds, White rediscovers the world of early-twentieth-century constitutional law and jurisprudence. He provides a counter-story to that of the triumphalist New Dealers. The deep conflicts over constitutional ideas that took place in the first half of the twentieth century are sensitively recovered, and the morality play of good liberals vs. mossbacks is replaced. This is the only thoroughly researched and fully realized history of the constitutional thought and practice of all the Supreme Court justices during the turbulent period that made America modern.

Download or read book Reining in the State written by Katherine A. Scott and published by University Press of Kansas. This book was released on 2013-03-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidents Lyndon Johnson and Richard Nixon dramatically expanded the federal government's domestic security apparatus to cope with social unrest that rocked their administrations. By the mid-1970s, the Justice Department and Army maintained some 400 databanks containing nearly 200 million files on supposedly subversive individuals and organizations. Katherine Scott chronicles the subsequent public response to that government action: a determined citizens' movement to rein in the state. She details the efforts of a group of unheralded heroes who battled to reinvigorate judicial, legislative, and civic oversight of the executive branch in order to curtail and prevent future abuses by government agencies. Working closely with allies in Congress, they challenged state power, instituted open government policies, and protected individual privacy rights. Scott has assembled a cast of characters with compelling stories: Russ Wiggins of the Washington Post, who organized a citizens' campaign for government transparency; Representative John Moss, who called attention to government censorship; ACLU Director Aryeh Neier, who created a legal strategy for judicial oversight of executive branch security measures; Senator Sam Ervin, a civil libertarian who demanded greater oversight of the executive branch; and Morton Halperin, a former NSC staff member, who called attention to the gross constitutional violations of the nation's top security agencies. Rejecting the agendas and methods of both the radical left and the antigovernment right, these progressive reformers sought to bring the American state in line with democratic practice. When Army Captain Christopher Pyle blew the whistle on the U.S. Army's domestic surveillance program, reformers had evidence of illegal domestic spying that they had long suspected but could not confirm. Scott explores how his action united liberals and conservatives to end such abuses. She also assesses how Watergate prompted broad debate in the public sphere about the problems of executive power, the need for greater transparency in domestic security policy, and greater oversight of the activities of the FBI and CIA. These reformers' efforts bore fruit with the passage of a series of major legislative reforms, including the 1974 Freedom of Information Act revisions, the 1974 Privacy Act, the 1976 Government in Sunshine Act, and the 1978 Foreign Intelligence Surveillance Act. Now that government surveillance of citizens has returned to public consciousness in the wake of 9/11, Scott's stirring account reminds us that power still resides with the people.

Download or read book Free Speech and Unfree News written by Sam Lebovic and published by Harvard University Press. This book was released on 2016-03-14 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does America have a free press? Many who answer yes appeal to First Amendment protections that shield the press from government censorship. But in this comprehensive history of American press freedom as it has existed in theory, law, and practice, Sam Lebovic shows that, on its own, the right of free speech has been insufficient to guarantee a free press. Lebovic recovers a vision of press freedom, prevalent in the mid-twentieth century, based on the idea of unfettered public access to accurate information. This “right to the news” responded to persistent worries about the quality and diversity of the information circulating in the nation’s news. Yet as the meaning of press freedom was contested in various arenas—Supreme Court cases on government censorship, efforts to regulate the corporate newspaper industry, the drafting of state secrecy and freedom of information laws, the unionization of journalists, and the rise of the New Journalism—Americans chose to define freedom of the press as nothing more than the right to publish without government censorship. The idea of a public right to all the news and information was abandoned, and is today largely forgotten. Free Speech and Unfree News compels us to reexamine assumptions about what freedom of the press means in a democratic society—and helps us make better sense of the crises that beset the press in an age of aggressive corporate consolidation in media industries, an increasingly secretive national security state, and the daily newspaper’s continued decline.

Download or read book Transforming Free Speech written by Mark A. Graber and published by Univ of California Press. This book was released on 2023-11-10 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.

Download or read book Justice Brennan written by Seth Stern and published by University Press of Kansas. This book was released on 2013-02-27 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sweeping and revealing insider study, Seth Stern and Stephen Wermiel shine a bright light on the life, career, and thought of William Brennan (1906-1997), widely considered the Supreme Court's most influential twentieth-century justice, as well as its greatest liberal and preeminent strategist. Stern and Wermiel make available for the first time a striking new view of Brennan based on what Jeffrey Toobin has called "a coveted set of documents"—Justice Brennan's very personal case histories of the major battles that confronted the Supreme Court during the past half century. Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy are among the many controversial and hotly-contested big-picture issues covered in the Brennan annals. But they also provide more intimate glimpses of Brennan's surprising refusal to hire female clerks, even as he wrote groundbreaking opinions relating to women's rights; the complex tension between his commitment to law and his Catholic beliefs; and new details on his unprecedented working relationship with Chief Justice Earl Warren. Drawing upon Wermiel's rare access to the Brennan case histories, half of which will not be released to the public until 2017, and his more than sixty hours of one-on-one interviews with Justice Brennan himself, the authors have crafted a compelling portrait of a judicial giant, filled with details and insights that will further cement Brennan's reputation as an epic playmaker during the Court's most liberal era.