Free Speech, The People's Darling Privilege: Struggles for Freedom of Expression in American HistoryDuke University Press, 17.11.2000 - 533 Seiten Modern ideas about the protection of free speech in the United States did not originate in twentieth-century Supreme Court cases, as many have thought. Free Speech, “The People’s Darling Privilege” refutes this misconception by examining popular struggles for free speech that stretch back through American history. Michael Kent Curtis focuses on struggles in which ordinary and extraordinary people, men and women, black and white, demanded and fought for freedom of speech during the period from 1791—when the Bill of Rights and its First Amendment bound only the federal government to protect free expression—to 1868, when the Fourteenth Amendment sought to extend this mandate to the states. A review chapter is also included to bring the story up to date. Curtis analyzes three crucial political struggles: the controversy that surrounded the 1798 Sedition Act, which raised the question of whether criticism of elected officials would be protected speech; the battle against slavery, which raised the question of whether Americans would be free to criticize a great moral, social, and political evil; and the controversy over anti-war speech during the Civil War. Many speech issues raised by these controversies were ultimately decided outside the judicial arena—in Congress, in state legislatures, and, perhaps most importantly, in public discussion and debate. Curtis maintains that modern proposals for changing free speech doctrine can usefully be examined in the light of this often ignored history. This broader history shows the crucial effect that politicians, activists, ordinary citizens—and later the courts—have had on the American understanding of free speech. Filling a gap in legal history, this enlightening, richly researched historical investigation will be valuable for students and scholars of law, U.S. history, and political science, as well as for general readers interested in civil liberties and free speech. |
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Seite 7
... abridge the privileges or immunities of citizens of the United States ; nor shall any state de- prive any person of life , liberty , or property without due process of law . " ) Since the states have frequently suppressed free speech ...
... abridge the privileges or immunities of citizens of the United States ; nor shall any state de- prive any person of life , liberty , or property without due process of law . " ) Since the states have frequently suppressed free speech ...
Seite 9
... abridge freedom of speech or of the press , state governments should be able to punish any political or reli- gious speech if their constitutions and laws permitted . Today , the courts typically protect free speech in all these ...
... abridge freedom of speech or of the press , state governments should be able to punish any political or reli- gious speech if their constitutions and laws permitted . Today , the courts typically protect free speech in all these ...
Seite 13
... guarantee en- shrined in the federal Constitution before ratification of the Fourteenth Amendment in 1868 and long before 1925 when the United States Su- preme Court finally assumed that states could not abridge the [ 13 ] INTRODUCTION.
... guarantee en- shrined in the federal Constitution before ratification of the Fourteenth Amendment in 1868 and long before 1925 when the United States Su- preme Court finally assumed that states could not abridge the [ 13 ] INTRODUCTION.
Seite 14
... abridge the national free speech right protected by the First and Fourteenth Amendments . Opponents of slavery and leaders of Lincoln's Republican Party sought freedom for criticism of slavery , even in the South . Some worked out a ...
... abridge the national free speech right protected by the First and Fourteenth Amendments . Opponents of slavery and leaders of Lincoln's Republican Party sought freedom for criticism of slavery , even in the South . Some worked out a ...
Seite 19
... abridge , would include the right to free speech , press , religion , and the right to petition , the United States Supreme Court essentially read the privileges - or - immunities clause out of the Constitution.56 Not until 1925 did the ...
... abridge , would include the right to free speech , press , religion , and the right to petition , the United States Supreme Court essentially read the privileges - or - immunities clause out of the Constitution.56 Not until 1925 did the ...
Inhalt
1 | |
23 | |
2 The Debate over the Sedition Act of 1798 | 52 |
Enforcement and Its Aftermath | 80 |
Reflections and Transitions | 105 |
5 The Declaration the Constitution Slavery and Abolition | 117 |
6 Shall Abolitionists Be Silenced? | 131 |
The Post Office and Petitions | 155 |
Transformations | 246 |
12 The Free Speech Battle over Helpers Impending Crisis | 271 |
The Struggle for Free Speech in NorthCarolina on the Eve of the Civil War | 289 |
Lincoln and Vallandigham | 300 |
15 The Free Speech Tradition Confronts the War Power | 319 |
16 A New Birth of Freedom? The Fourteenth Amendment and the First Amendment | 357 |
17 Where Are They Now? A Very Quick Review of Suppression Theories in the Twentieth Century | 384 |
Conclusion | 414 |
8 The Demand for Northern Legal Action Against Abolitionists | 182 |
9 Legal Theories of Suppression and the Defense of Free Speech | 194 |
Mobs Free Speech and the Privileges of American Citizens | 216 |
Notes | 438 |
Index | 513 |
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Häufige Begriffe und Wortgruppen
1st Sess abolition abolitionists Abraham Lincoln abridge Adams advocated American American Anti-Slavery Society antislavery speech argument arrest bad tendency Bill of Rights Boston Calhoun Cato's Letters Cincinnati citizens Civil clause Congress Constitution criticism debate defense democracy Democrats Detroit Free Press dissent Emancipator expression federal Federalists Fourteenth Amendment free speech tradition freedom of speech Globe guarantees Helper's book hereafter ideas immunities incendiary insisted issue James Jefferson John judges jury Justice legislature liberty limited Lincoln Lovejoy Lovejoy's Madison Massachusetts meeting ment newspaper North Carolina Northern Ohio opinion opponents papers party petition political popular Post president prior restraint privileges prosecutions protection punish rejected Republicans resolutions right of free Sedition Act seditious libel Senator slave slaveholders slavery South Southern speech and press statute suggested suppression supra note Supreme Court tion treason trial truth United Vallandigham violation violence Virginia Whig William William Ellery Channing York