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Press and Speech Under Assault - The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign against Dissent (Hardcover)
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Press and Speech Under Assault - The Early Supreme Court Justices, the Sedition Act of 1798, and the Campaign against Dissent (Hardcover)
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The early Supreme Court justices wrestled with how much press and
speech is protected by freedoms of press and speech, before and
under the First Amendment, and with whether the Sedition Act of
1798 violated those freedoms. This book discusses the twelve
Supreme Court justices before John Marshall, their views of
liberties of press and speech, and the Sedition Act prosecutions
over which some of them presided. The book begins with the views of
the pre-Marshall justices about freedoms of press and speech,
before the struggle over the Sedition Act. It finds that their
understanding was strikingly more expansive than the narrow
definition of Sir William Blackstone, which is usually assumed to
have dominated the period. Not one justice of the Supreme Court
adopted that narrow definition before 1798, and all expressed
strong commitments to those freedoms. The book then discusses the
views of the early Supreme Court justices about freedoms of press
and speech during the national controversy over the Sedition Act of
1798 and its constitutionality. It finds that, though several of
the justices presided over Sedition Act trials, the early justices
divided almost evenly over that issue with an unrecognized half
opposing its constitutionality, rather than unanimously supporting
the Act as is generally assumed. The book similarly reassesses the
Federalist party itself, and finds that an unrecognized minority
also challenged the constitutionality of the Sedition Act and the
narrow Blackstone approach during 1798-1801, and that an
unrecognized minority of the other states did as well in
considering the Virginia and Kentucky Resolutions. The book
summarizes the recognized fourteen prosecutions of newspaper
editors and other opposition members under the Sedition Act of
1798. It sheds new light on the recognized cases by identifying and
confirming twenty-two additional Sedition Act prosecutions. At each
of these steps, this book challenges conventional views in existing
histories of the early republic and of the early Supreme Court
justices.
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