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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Struggles for Freedom of Expression in American History Michael Kent Curtis. 14 The Struggle for Free Speech in the Civil War : 300 Lincoln and Vallandigham 15 The Free Speech Tradition Confronts the War Power 319 16 A New Birth of ...
Struggles for Freedom of Expression in American History Michael Kent Curtis. 14 The Struggle for Free Speech in the Civil War : 300 Lincoln and Vallandigham 15 The Free Speech Tradition Confronts the War Power 319 16 A New Birth of ...
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Struggles for Freedom of Expression in American History Michael Kent Curtis. Court came to its current protective view of free ... tradition . There was a chasm between the orthodox under- standing of the right many judges would apply and the ...
Struggles for Freedom of Expression in American History Michael Kent Curtis. Court came to its current protective view of free ... tradition . There was a chasm between the orthodox under- standing of the right many judges would apply and the ...
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... free speech tradition . Their ideas , struggles , and their leg- acy are the subject of this book . The free speech tradition was popular in two senses : it grew up outside the courts ( and often contradicted judicial doctrine ) , and ...
... free speech tradition . Their ideas , struggles , and their leg- acy are the subject of this book . The free speech tradition was popular in two senses : it grew up outside the courts ( and often contradicted judicial doctrine ) , and ...
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... tradition had more public support at any given time and place than the tradition of repression is open to question, but it is one beyond our power to answer with certainty. It is clear that it often had substan- tial support. Of course, ...
... tradition had more public support at any given time and place than the tradition of repression is open to question, but it is one beyond our power to answer with certainty. It is clear that it often had substan- tial support. Of course, ...
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... free speech , the Fourteenth Amendment is a crucial contemporary protector of free speech . HISTORY AND FREE SPEECH LAW Understanding these free speech struggles , and the popular free speech tradition they illuminate , is important ...
... free speech , the Fourteenth Amendment is a crucial contemporary protector of free speech . HISTORY AND FREE SPEECH LAW Understanding these free speech struggles , and the popular free speech tradition they illuminate , is important ...
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