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The Logic of Persecution - Free Expression and the McCarthy Era (Paperback, New edition)
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The Logic of Persecution - Free Expression and the McCarthy Era (Paperback, New edition)
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This book demonstrates that neither the current liberal nor
conservative position on the McCarthy era provides the basis for an
appropriate normative perspective. Adding the perspective of the
theory of free expression, it becomes apparent that both sides have
ignored a vitally important point. While recently declassified
documents demonstrate widespread participation by American
Communists in conducting or facilitating espionage, much of the
negative treatment received by American Communists had little or
nothing to do with such activity. From the perspective of the First
Amendment right of free speech, there exists a significant
difference between speech that advocates conduct, on the one hand,
and speech that itself is part of a nonspeech criminal act, such as
espionage, on the other. By helping to separate protected speech
from unprotected "speech-acts," First Amendment theory can do much
to distinguish between the legitimate governmental responses to
American Communism and those that contravened basic notions of
communicative freedom protected by the Constitution. At the same
time, by focusing the First Amendment inquiry on the McCarthy era,
one should be able to glean insights about the broader implications
of free speech protection.
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