front cover of An Indispensable Liberty
An Indispensable Liberty
The Fight for Free Speech in Nineteenth-Century America
Edited by Mary M. Cronin
Southern Illinois University Press, 2016
Most Americans today view freedom of speech as a bedrock of all other liberties, a defining feature of American citizenship. During the nineteenth century, the popular concept of American freedom of speech was still being formed. In An Indispensable Liberty: The Fight for Free Speech in Nineteenth-Century America, contributors examine attempts to restrict freedom of speech and the press during and after the Civil War.
 
The eleven essays that make up this collection show how, despite judicial, political, and public proclamations of support for freedom of expression, factors like tradition, gender stereotypes, religion, and fear of social unrest often led to narrow judicial and political protection for freedom of expression by people whose views upset the status quo. These views, expressed by abolitionists, suffragists, and labor leaders, challenged rigid cultural mores of the day, and many political and cultural leaders feared that extending freedom of expression to agitators would undermine society. The Civil War intensified questions about the duties and privileges of citizenship. After the war, key conflicts over freedom of expression were triggered by Reconstruction, suffrage, the Comstock Act, and questions about libel.
 
The volume’s contributors blend social, cultural, and intellectual history to untangle the complicated strands of nineteenth-century legal thought. By chronicling the development of modern-day notions of free speech, this timely collection offers both a valuable exploration of the First Amendment in nineteenth-century America and a useful perspective on the challenges we face today.
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front cover of Workers against the City
Workers against the City
The Fight for Free Speech in Hague v. CIO
Donald W. Rogers
University of Illinois Press, 2020
The 1939 Supreme Court decision Hague v. CIO was a constitutional milestone that strengthened the right of Americans, including labor organizers, to assemble and speak in public places. Donald W. Rogers eschews the prevailing view of the case as a morality play pitting Jersey City, New Jersey, political boss Frank Hague against the Committee for Industrial Organization (CIO) and allied civil libertarian groups. Instead, he draws on a wide range of archives and evidence to re-evaluate Hague v. CIO from the ground up. Rogers's review of the case from district court to the Supreme Court illuminates the trial proceedings and provides perspectives from both sides. As he shows, the economic, political, and legal restructuring of the 1930s refined constitutional rights as much as the court case did. The final decision also revealed that assembly and speech rights change according to how judges and lawmakers act within the circumstances of a given moment.
 
Clear-eyed and comprehensive, Workers against the City revises the view of a milestone case that continues to impact Americans' constitutional rights today.
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