This volume, an updated collection of essays presented by leading scholars at a Hofstra University conference on group defamation, provides a cross-disciplinary examination of hate speech. Beginning with the decision of the U.S. Supreme Court in R.A.V. v. St. Paul, the volume analyzes the problem from historical, anthropological, comparative-legal, and American constitutional law perspectives. Among the topics examined are the role of hate speech in the persecutions of Jews and Asians during World War II, in the subordination of Blacks, Native Americans, and women, and the pros and cons of the legal controls on hate speech adopted in such countries as Australia, Canada, and Israel. The section on American constitutional law features several proposed statutes outlawing hate speech, along with model court opinions supporting and attacking their constitutionality. The volume will be of great interest to scholars and students in the areas of intergroup relations and constitutional law as well as policy makers.

"This is an engaging book and an important addition to the literature on judicial decision-making, constitutional law, and individual rights and protections."
-- "The Law and Politics Book Review"

"Freedman's approach is refreshingly different. He has greatly expanded our knowledge about three critical events in the development of habeas corpus doctrine....quite extraordinary."
--"H-Net Book Review"

"An original and important document for historians and advocates alike."
--"The Historian"

"Freedman's lively prose and careful analysis of early debates and research into the politics, passions and history of the times give us a new picture of the background to habeas corpus as we know it now."
--"New York Law Journal"

"Habeas Corpus is a trustworthy account by a distinguished legal historian. It serves both scholars who wish to revisit the underpinnings of habeas corpus as well as beginners seeking to understand what this process has meant to our system."
--"Legal Times"

"Legal analysis at its best."
--Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College

Habeas Corpus is the process by which state prisoners--particularly those on death row--appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system has always been hotly contested, especially in the wake of 1996 legislation curtailing the ability of prisoners to appeal their sentences.

In this timely volume, Eric M. Freedman reexamines four of the Supreme Court's most important habeas corpus rulings: one by Chief Justice John Marshall in 1807 concerning Aaron Burr's conspiracy, two arising from thetraumatic national events of the 1915 Leo Frank case and the 1923 cases growing out of murderous race riots in Elaine County, Arkansas, and one case from 1953 that dramatized some of the ugliest features of the Southern justice of the period. In each instance, Freeman uncovers new original sources and tells the stories of the cases through such documents as the Justices' draft opinions and the memos of law clerk William H. Rehnquist. In bracing and accessible language, Freedman then presents an interpretation that rewrites the conventional view.

Building on these results, he challenges legalistic limits on habeas corpus and demonstrates how a vigorous writ is central to implementing the fundamental conceptions of individual liberty and constrained government power that underlie the Constitution.

A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual's imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today's most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence. Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in "the case of the headless baby") because their cases did not bear the label "habeas corpus." The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.