Free Speech, The People's Darling Privilege: Struggles for Freedom of Expression in American HistoryModern 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. |
From inside the book
Results 1-5 of 36
Page 29
... seditious libel and many of its repressive legal rules survived in the common law courts.18 For critics , the doctrine of seditious libel was tainted by its origin in an oppressive court . Even by the orthodox eighteenth - century view ...
... seditious libel and many of its repressive legal rules survived in the common law courts.18 For critics , the doctrine of seditious libel was tainted by its origin in an oppressive court . Even by the orthodox eighteenth - century view ...
Page 30
... libel cases , however , English law had another device to reduce the influence of the jury . This was the doctrine that in those cases ( basically cases of antigovernment speech ) , the only ... libel and seditious libel [ 30 ] FREE SPEECH.
... libel cases , however , English law had another device to reduce the influence of the jury . This was the doctrine that in those cases ( basically cases of antigovernment speech ) , the only ... libel and seditious libel [ 30 ] FREE SPEECH.
Page 31
... libel and seditious libel was hotly con- tested , with English judges divided on the issue . Lord Mansfield contin- ued to insist that the jury could only decide the issue of publication , while the judge should decide whether the ...
... libel and seditious libel was hotly con- tested , with English judges divided on the issue . Lord Mansfield contin- ued to insist that the jury could only decide the issue of publication , while the judge should decide whether the ...
Page 35
... seditious libel that had been developed to protect the crown's power . While many were apparently pleased with the new status quo , one group of Whigs thought change had not gone far enough . This small group existed from the Glorious ...
... seditious libel that had been developed to protect the crown's power . While many were apparently pleased with the new status quo , one group of Whigs thought change had not gone far enough . This small group existed from the Glorious ...
Page 36
... seditious libel to permit greater press freedom to criticize government , and total with- drawal of government control of religious practice.3 38 James Burgh in his Political Disquisitions , insisted that “ every man has a life , a ...
... seditious libel to permit greater press freedom to criticize government , and total with- drawal of government control of religious practice.3 38 James Burgh in his Political Disquisitions , insisted that “ every man has a life , a ...
Contents
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 |
Other editions - View all
Common terms and phrases
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