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The Taming of Free Speech - America's Civil Liberties Compromise (Hardcover)
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The Taming of Free Speech - America's Civil Liberties Compromise (Hardcover)
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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.
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