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World War I, given all the rousing "Over-There" songs and
in-the-trenches films it inspired, was, at its outset, surprisingly
unpopular with the American public. As opposition increased,
Woodrow Wilson's presidential administration became intent on
stifling antiwar dissent. In his absorbing new book, Eric Chester
reveals that out of this turmoil came a heated public discussion on
the theory of civil liberties-the basic freedoms that are,
theoretically, untouchable by any of the three branches of the U.S.
government. The famous "clear and present danger" argument of
Supreme Court Justice Oliver Wendell Holmes, and the "balance of
conflicting interest" theory of law professor Zechariah Chafee, for
example, evolved to provide a rationale for courts to act as a
limited restraint on autocratic actions of the government. But
Chester goes further, to examine an alternative theory: civil
liberties exist as absolute rights, rather than being dependent on
the specific circumstances of each case. Over the years, the debate
about the right to dissent has intensified and become more
necessary. This fascinating book explains why, a century after the
First World War-and in the era of Trump-we need to know about this.
World War I, given all the rousing "Over-There" songs and
in-the-trenches films it inspired, was, at its outset, surprisingly
unpopular with the American public. As opposition increased,
Woodrow Wilson's presidential administration became intent on
stifling antiwar dissent. In his absorbing new book, Eric Chester
reveals that out of this turmoil came a heated public discussion on
the theory of civil liberties-the basic freedoms that are,
theoretically, untouchable by any of the three branches of the U.S.
government. The famous "clear and present danger" argument of
Supreme Court Justice Oliver Wendell Holmes, and the "balance of
conflicting interest" theory of law professor Zechariah Chafee, for
example, evolved to provide a rationale for courts to act as a
limited restraint on autocratic actions of the government. But
Chester goes further, to examine an alternative theory: civil
liberties exist as absolute rights, rather than being dependent on
the specific circumstances of each case. Over the years, the debate
about the right to dissent has intensified and become more
necessary. This fascinating book explains why, a century after the
First World War-and in the era of Trump-we need to know about this.
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