Rabban, David M. 1949- creator text bibliography nyu New York Cambridge Cambridge University Press 1997 monographic eng

print

xi, 404 p. : ill. ; 24 cm. 1. The Lost Tradition of Libertarian Radicalism. Josiah Warren and Individualist Anarchism. The Comstock Act. The Controversy Over Cupid's Yokes. Lucifer: The Light-Bearer. The Emergence of the Free Speech Language. The Commitment to Free Speech for All Viewpoints. The Work of the Free Speech League -- 2. The IWW Free Speech Fights. An Overview of the Free Speech Fights. The IWW Ideology of Free Speech. Popular Reactions. Official Reactions. Analysis of Free Speech Themes. Regulation of Street Speaking. Defining the Boundaries of Protected Speech. Free Speech and Majority Rule -- 3. The Courts of Free Speech. The Bad Tendency Test. Topical Analysis of Free Speech Issues. The First Amendment and State Action. Postal Regulation. Regulation of Political Campaigns. Libel and Contempt. Regulation of Public Speaking. Labor Injunctions. Ignoring Free Speech Issues. The Judicial Tradition -- 4. Legal Scholarship. Theoretical Sources for Free Speech Views. The Rejection of Blackstone. Limiting the Bad Tendency Test. Alternative standards for Analyzing Free Speech Claims. The Heritage of Prewar Scholarship -- 5. Free Speech in Progressive Social Thought. John Dewey. Herbert Croly. Continuities in Dewey's Criticism of Pacifist Dissent during World War I -- 6. The Espionage Act. The Legislative History of the Espionage Act. Espionage Act Litigation in the Lower Federal Courts. The Selective Draft Law Cases. Supreme Court Briefs in the First Espionage Act Cases. The Supreme Court Decisions. The Origins of Clear and Present Danger -- 7. World War I and the Creation of the Modern Civil Liberties Movement. The New Civil Libertarians of the ACLU and the Demise of the Free Speech League. Zechariah Chafee, Jr.: The Scholars as Advocate. Dewey's Revised Analysis of Free Speech -- 8. Holmes, Brandeis, and the Judicial Transformation of the First Amendment after World War I. Supreme Court Majority Decisions in the 1920s. Holmes's Transformation in Abrams. The Contribution of Brandeis. The Judicial Transformation of the First Amendment -- 9. Epilogue: Current Parallels to Prewar Progressive Thought. David M. Rabban. Includes bibliographical references and index. n-us--- Freedom of speech United States History KF4772 .R33 1997 342.73/0853 RAF 0521620139 97015281 DLC 970416 20160425143204.0 2055805