Gitlow V. New York

Every Idea an Incitement

Author: Marc R. Lendler

Publisher: N.A

ISBN: 9780700618767

Category: History

Page: 173

View: 7380

Covers the landmark First Amendment case involving Benjamin Gitlow, an avowed communist who was tried for sedition under New York's Criminal Anarchy Law. In 1925, by a 7-2 vote, the Supreme Court upheld his conviction, suggesting in effect that Gitlow's threat to national security trumped his right to speak freely.

The Language of Argument

Author: Daniel Lamont McDonald,Larry W. Burton

Publisher: Addison-Wesley Educational Publishers

ISBN: 9780321019370

Category: College readers

Page: 385

View: 4875

This collection of over 100 provocative readings, advertisements, and illustrations emphasizes real-world issues and topics for students to read and use in writing their own argumentative essays. The hotly debated issues are sure to create excitement.

The Espionage and Sedition Acts

World War I and the Image of Civil Liberties

Author: Mitchell Newton-Matza

Publisher: Routledge

ISBN: 1317691296

Category: History

Page: 156

View: 836

The Espionage and Sedition Acts of 1917-1918 mark one of the most controversial moments in American history. Even as President Woodrow Wilson justified US entry into World War I on the grounds that it would "make the world safe for democracy," the act curtailed civil liberties at home by making it illegal to speak out against the US participation in the conflict. Supporters of the Acts argued that these measures were necessary to protect national security and keep in check the perceived threat of radical activities, while opponents considered them an unjustifiable breach of the Bill of Rights. The conflict between government powers and civil liberties concretized by the Acts continues to resonate today. The Espionage and Sedition Acts introduces students to this controversial set of laws, the cultural and political context in which they were passed, and their historical ramifications. In a concise narrative supplemented by primary sources including court cases, newspaper articles, and personal papers, Mitchell C. Newton-Matza gives students of history and politics a nuanced understanding of this key event.

Lochner V. New York

Economic Regulation on Trial

Author: Paul Kens

Publisher: N.A

ISBN: 9780700609192

Category: Law

Page: 216

View: 748

Lochner v. New York (1905), which pitted a conservative activist judiciary against a reform-minded legislature, remains one of the most important and most frequently cited cases in Supreme Court history. In this concise and readable guide, Paul Kens shows us why the case remains such an important marker in the ideological battles between the free market and the regulatory state. The Supreme Court's decision declared unconstitutional a New York State law limiting bakery workers to no more than ten hours per day or sixty hours per week. By evoking its "police power," the state hoped to eliminate the employers' abuse of these workers. But the 5-4 majority opinion, authored by Justice Rufus Peckham and renounced by Justice Oliver Wendell Holmes, cited the state's violation of due process and the "right of contract between employers and employees," which the majority believed was protected by the Fourteenth Amendment. Critics jumped on the decision as an example of conservative juidicial activism promoting laissez-faire capitalism at the expense of progressive reform. As series editors Peter Hoffer and N.E.H. Hull note in their preface, "the case also raised a host of significant questions regarding the impetus of state legislatures to enter the workplace and regulate hours, wages, and working conditions; of the role of courts as monitors of the constitutionality of state regulation of the economy; and of the place of economic and moral theories in judicial thinking." Kens, however, reminds us that these hotly contested ideas and principles emerged from a very real human drama involving workers, owners, legislators, lawyers, and judges. Within the crucible of an industrializing America, their story reflected the fierce competition between two powerful ideologies.

Race, Sex, and the Freedom to Marry

Loving V. Virginia

Author: Peter Wallenstein

Publisher: N.A

ISBN: 9780700619993

Category: Law

Page: 296

View: 5317

The history of the court battle over the right of interracial marriage which overturned discriminatory state laws and the precedent's value in the case for same-sex marriage.

The Oxford Companion to the Supreme Court of the United States

Author: Kermit L. Hall,James W. Ely,Joel B. Grossman

Publisher: Oxford University Press on Demand

ISBN: 0195176618

Category: Law

Page: 1239

View: 3007

The second edition of this authoritative guide on the impact of the Supreme Court's decisions on American society includes updated entries on key cases over the past thirteen years, as well as a fully revised treatment of areas of constitutional law.

Landmark Supreme Court Cases

The Most Influential Decisions of the Supreme Court of the United States

Author: Gary R. Hartman,Roy M. Mersky,Cindy L. Tate

Publisher: Infobase Publishing

ISBN: 1438110367

Category: Law

Page: 609

View: 7990

Through its interpretations of the Constitution and Bill of Rights

The American Political Dictionary

Author: Jack C. Plano

Publisher: Harcourt College Pub

ISBN: N.A

Category: Reference

Page: 702

View: 4934

This is a guide to the field of American politics.

The Pullman case

the clash of labor and capital in industrial America

Author: David Ray Papke

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 118

View: 2909

The 1894 strike by the American Railway Union, eventually broken by federal troops and the courts, set an important precident for judicial involvement in labor disputes. Papke examines the strike, the proceddings in the Illinois courts, and the 1895 Supreme Court decision, in re Debs.

The zoning of America

Euclid v. Ambler

Author: Michael Allan Wolf

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 188

View: 6006

When the Cleveland suburb of Euclid first zoned its land in 1922, the Ambler Realty Company was left with a sizable tract it could no longer sell for industrial use--and so the company sued. What emerged was the seminal zoning case in American history, pitting reformers against private property advocates in the Supreme Court and raising the question of whether a municipality could deny property owners the right to use their land however they chose. Reconstructing the case that made zoning a central element in urban planning for cities and towns throughout America, Michael Allan Wolf provides the first book-length study of the Supreme Court's landmark Euclid v. Ambler decision. Wolf describes how the ordinance, and the defense of it, burst onto the national stage and became the focus of litigation before moving all the way to the nation's highest court. He subsequently reveals how and why Justice George Sutherland broke from the Court's conservative bloc to support the urban reform movement eager to protect residential neighborhoods from disturbances created by rapidly expanding commercial, industrial, or multifamily uses of land. Following that decision, America saw the rapid proliferation of zoning ordinances, which greatly increased the power of local government to control and rationalize urban planning. As Wolf attests, many of today's environmental and land use laws might not have been deemed legal had Euclid v. Ambler been decided differently. But he also points out the potential dangers that emerged from the decision, such as its anticompetitive impact on the real estate market, its catalyzing effect on suburban sprawl, and its establishment of a legal basis for excluding minoritygroups from neighborhoods. Wolf's compelling account makes it clear that Euclid v. Ambler fundamentally altered how we think about the urban landscape, changed the way our cities and suburbs are organized, and left a long shadow over subsequent cases such as the controversial Supreme Court decision in Kelo v. New London (2005).

Religion in American Public Life

Author: James A. Reichley

Publisher: Brookings Institution Press

ISBN: 9780815720553

Category: Political Science

Page: 402

View: 2453

"We are," said Supreme Court Justice William O. Douglas, "a religious people," and his observation is continually borne out in every aspect of American public life. Religious ideals underlay the founding of the colonies and the firming of the new nation; the activities of churches have been closely interwined with politics in the abolition of slavery, the drive for women's suffrage, the prohibition of liquor,and the civil rights movement of the 1960s. The recent revival of arguments over the participation of relgious groups in politics points up the continuing controversey about the separation of church and state. In this study, A. James Reichley places religion and politics within a conceptual framework that considers the values in which both are rooted and examines, in light of that framework, the actual impact of religion and religious groups on American public life. He analyzes the underlying causes and issues involved, their contemporary impact, and their continuing evolution. Finally he discusses how the involvement of religious groups in politics can be carried on within the context of the separation of church and state without threat to civil liberties or seculat politicalization of religion.

When the Nazis came to Skokie

freedom for speech we hate

Author: Philippa Strum

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 172

View: 8922

In the Chicago suburb of Skokie, one out of every six Jewish citizens in the late 1970s was a survivor -- or was directly related to a survivor -- of the Holocaust. These victims of terror had resettled in America expecting to lead peaceful lives free from persecution. But their safe haven was shattered when a neo-Nazi group announced its intention to parade there in 1977. Philippa Strum's dramatic retelling of the events in Skokie (and in the courts) shows why the case ignited such enormous controversy and challenged our understanding of and commitment to First Amendment values. The debate was clear-cut: American Nazis claimed the right of free speech while their Jewish "targets" claimed the right to live without intimidation. The town, arguing that the march would assault the sensibilities of its citizens and spark violence, managed to win a court injunction against the marchers. In response, the American Civil Liberties Union took the case and successfully defended the Nazis' right to free speech. Skokie had all the elements of a difficult case: a clash of absolutes, prior restraint of speech, and heated public sentiment. In recreating it, Strum presents a detailed account and analysis of the legal proceedings as well as finely delineated portraits of the protagonists: Frank Collin, National Socialist Party of America leader and the son of a Jewish Holocaust survivor; Skokie community leader Sol Goldstein, a Holocaust survivor who planned a counter demonstration against the Nazis; Skokie mayor Albert Smith, who wanted only to protect his townspeople; and ACLU attorney David Goldberger, caught in the ironic position of being a Jew defending the rights of Nazis against fellow Jews.While the ACLU did win the case, it was a costly victory -- 30,000 of its members left the organization. And in the end, ironically, the Nazis never did march in Skokie. Forcefully argued, Strum's book shows' that freedom of speech must be defended even when the beneficiaries of that defense are far from admirable individuals. It raises both constitutional and moral issues critical to our understanding of free speech and carries important lessons for current controversies over hate speech on college campuses, inviting readers to think more carefully about what the First Amendment really means.

History of American Political Thought

Author: Bryan-Paul Frost,Jeffrey Sikkenga

Publisher: Lexington Books

ISBN: 9780739106242

Category: Political Science

Page: 834

View: 4709

This book is a collection of secondary essays on America's most important philosophic thinkers—statesmen, judges, writers, educators, and activists—from the colonial period to the present. Each essay is a comprehensive introduction to the thought of a noted American on the fundamental meaning of the American regime.

Prigg V. Pennsylvania

Slavery, the Supreme Court, and the Ambivalent Constitution

Author: H. Robert Baker

Publisher: N.A

ISBN: 9780700618644

Category: History

Page: 202

View: 2725

Examines the case of Prigg v. Pennsylvania, the 1842 Supreme Court case that struck down the free states' personal liberty laws and reaffirmed federal supremacy in determining the procedures for fugitive slave rendition. The first and only book-length treatment of this landmark case that became a pivot point for antebellum politics and law some fifteen years before Dred Scott.

The Woman who Dared to Vote

The Trial of Susan B. Anthony

Author: N. E. H. Hull

Publisher: Landmark Law Cases & American

ISBN: 9780700618484

Category: History

Page: 236

View: 9610

The first book-length account of the most important trial in the history of the movement to secure the vote for women. Provides a concise and readable guide to the origins, proceedings, and significance of the controversial trial of Susan B. Anthony.

The Supreme Court and Tribal Gaming

California V. Cabazon Band of Mission Indians

Author: Ralph A. Rossum

Publisher: N.A

ISBN: 9780700617777

Category: History

Page: 212

View: 4727

Explores the origins, arguments and impact of the landmark 1987 decision that reasserted the sovereignty of American Indian nations, barred states from interfering with tribes' sovereignty and opened the door for a boom in the Indian-gaming industry.

The Taft Court

Justices, Rulings, and Legacy

Author: Peter G. Renstrom

Publisher: ABC-CLIO

ISBN: 1576072800

Category: History

Page: 331

View: 9262

Provides a review of the major decisions of the Taft Court along with discussions of each justice and an analysis of the historical impact of the Court.

Censorship landmarks

Author: Edward De Grazia

Publisher: R. R. Bowker

ISBN: N.A

Category: Law

Page: 657

View: 3823

A People's History of the Supreme Court

The Men and Women Whose Cases and Decisions Have Shaped OurConstitution: Revised Edition

Author: Peter Irons

Publisher: Penguin

ISBN: 9781101503133

Category: Political Science

Page: 576

View: 8844

A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)

Freedom of Expression in the Marketplace of Ideas

Author: Douglas M. Fraleigh,Joseph S. Tuman

Publisher: SAGE

ISBN: 1452236909

Category: Law

Page: 472

View: 2334

A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the "Marketplace of Ideas" metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in "big picture" issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions