In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy.
The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain.
America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.
Octavius Valentine Catto was an orator who shared stages with Frederick Douglass, a second baseman on Philadelphia’s best black baseball team, a teacher at the city’s finest black school and an activist who fought in the state capital and on the streets for equal rights. With his racially-charged murder, the nation lost a civil rights pioneer—one who risked his life a century before Selma and Birmingham.
In Tasting Freedom Murray Dubin and Pulitzer Prize winner Dan Biddle painstakingly chronicle the life of this charismatic black leader—a “free” black whose freedom was in name only. Born in the American south, where slavery permeated everyday life, he moved north where he joined the fight to be truly free—free to vote, go to school, ride on streetcars, play baseball and even participate in July 4th celebrations.
Catto electrified a biracial audience in 1864 when he proclaimed, “There must come a change,” calling on free men and women to act and educate the newly freed slaves. With a group of other African Americans who called themselves a “band of brothers,” they challenged one injustice after another. Tasting Freedom presents the little-known stories of Catto and the men and women who struggled to change America.
Contributors. Ludmilla Alexeyeva, Edward A. Allworth, Mübeyyin Batu Altan, Nermin Eren, Alan W. Fisher, Riza Gülüm, Seyit Ahmet Kirimca, Edward Lazzerini, Peter Reddaway, Ayshe Seytmuratova, Andrew Wilson
The imposition of modern American colonial rule has defined U.S.–indigenous relations since the time of the American Civil War. In resistance, Kevin Bruyneel asserts, indigenous political actors work across American spatial and temporal boundaries, demanding rights and resources from the government while also challenging the imposition of colonial rule over their lives. This resistance engenders what he calls a “third space of sovereignty,” which resides neither inside nor outside the U.S. political system but rather exists on its boundaries, exposing both the practices and limitations of American colonial rule.
The Third Space of Sovereignty offers fresh insights on such topics as the crucial importance of the formal end of treaty-making in 1871, indigenous responses to the prospect of U.S. citizenship in the 1920s, native politics during the tumultuous civil rights era of the 1960s, the question of indigenousness in the special election of California’s governor in 2003, and the current issues surrounding gaming and casinos.
In this engaging and provocative work, Bruyneel shows how native political actors have effectively contested the narrow limits that the United States has imposed on indigenous people’s ability to define their identity and to develop economically and politically on their own terms.
Kevin Bruyneel is assistant professor of politics at Babson College.
Elmer Gertz has defended famous people—including Henry Miller, Nathan Leopold, and Jack Ruby—and he has become famous in his own right through his struggle for civil liberties and personal rights.
Gertz has taken on a lengthy list of cases and causes over the six decades of his legal career. He fought successfully against the censorship of Henry Miller’s book Tropic of Cancer,which had been banned in Chicago for obscenity. He got Nathan Leopold released from prison after Leopold had served 34 years for his part in the death of 14-year-old Bobby Franks. An ardent foe of the death penalty, Gertz labored for years as part of a national team of lawyers that was finally able to overturn Jack Ruby’s death sentence for the murder of Lee Harvey Oswald. Gertz’s cases have helped make libel law in the nation.
For this edition, Gertz adds an afterword that covers the 15 years since the book’s first publication. Gertz talks of Henry Miller’s last days and his travels to the USSR on behalf of the Refuseniks.
The story of the Civil Rights Movement typically begins with the Montgomery bus boycott of 1955 and culminates with the 1965 voting rights struggle in Selma. But as Martha Biondi shows, a grassroots struggle for racial equality in the urban North began a full ten years before the rise of the movement in the South. This story is an essential first chapter, not only to the southern movement that followed, but to the riots that erupted in northern and western cities just as the Civil Rights Movement was achieving major victories.
Biondi tells the story of African Americans who mobilized to make the war against fascism a launching pad for a postwar struggle against white supremacy at home. Rather than seeking integration in the abstract, Black New Yorkers demanded first-class citizenship—jobs for all, affordable housing, protection from police violence, access to higher education, and political representation. This powerful local push for economic and political equality met broad resistance, yet managed to win several landmark laws barring discrimination and segregation.
To Stand and Fight demonstrates how Black New Yorkers launched the modern civil rights struggle and left a rich legacy.
"Federal Indian law . . . is a loosely related collection of past and present acts of Congress, treaties and agreements, executive orders, administrative rulings, and judicial opinions, connected only by the fact that law in some form has been applied haphazardly to American Indians over the course of several centuries. . . . Indians in their tribal relation and Indian tribes in their relation to the federal government hang suspended in a legal wonderland."
In this book, two prominent scholars of American Indian law and politics undertake a full historical examination of the relationship between Indians and the United States Constitution that explains the present state of confusion and inconsistent application in U.S. Indian law. The authors examine all sections of the Constitution that explicitly and implicitly apply to Indians and discuss how they have been interpreted and applied from the early republic up to the present. They convincingly argue that the Constitution does not provide any legal rights for American Indians and that the treaty-making process should govern relations between Indian nations and the federal government.
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