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Speaking Freely
Anita Whitney was a child of wealth and privilege who became a vocal leftist early in the twentieth century, supporting radical labor groups such as the Wobblies and helping to organize the Communist Labor Party. In 1919 she was arrested and charged with violating California's recently passed laws banning any speech or activity intended to change the American political and economic systems. The story of the Supreme Court case that grew out of Whitney's conviction, told in full in this book, is also the story of how Americans came to enjoy the most liberal speech laws in the world. In clear and engaging language, noted legal scholar Philippa Strum traces the fateful interactions of Whitney, a...
The Passenger Cases and the Commerce Clause
In 1849 Chief Justice Taney’s Court delivered a 5-4 decision on the legal status of immigrants and free blacks under the federal commerce power. The closely divided decision, further emphasized by the fact there were eight opinions, played a part in the increasingly contested politics over growing immigration, and the controversies about fugitive slaves and the western expansion of slavery that resulted in the Compromise of 1850. In the decades after the Civil War federal regulation of immigration almost entirely displaced the role of the states. Yet, over a century later, Justice Scalia in Arizona v. US appealed to the era when states exercised greater control over who they allowed to cro...
Opposing Lincoln
In a time of great national division, a time of threats of resistance and counterthreats of suppression, a controversial president takes drastic measures to rein in his critics, citing national interest, national security, and his obligations as chief executive. If this seems familiar in our current moment of intense political agitation, that is all the more reason to attend to Thomas Mackey’s gripping, learned, and eminently readable account of the Civil War–era case of Clement L. Vallandigham, an Ohio congressman arrested for campaigning against the war and President Lincoln’s policies. In Mackey’s telling, the story of this prominent “Copperhead,” or Southern sympathizer, illu...
The 9/11 Terror Cases
The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of governme...
Race, Sex, and the Freedom to Marry
In 1958 Mildred Jeter and Richard Loving, two young lovers from Caroline County, Virginia, got married. Soon they were hauled out of their bedroom in the middle of the night and taken to jail. Their crime? Loving was white, Jeter was not, and in Virginia—as in twenty-three other states then—interracial marriage was illegal. Their experience reflected that of countless couples across America since colonial times. And in challenging the laws against their marriage, the Lovings closed the book on that very long chapter in the nation’s history. Race, Sex, and the Freedom to Marry tells the story of this couple and the case that forever changed the law of race and marriage in America. The s...
Discrediting the Red Scare
During the Allies' invasion of Italy in the thick of World War II, American soldier James Kutcher was hit by a German mortar shell and lost both of his legs. Back home, rehabilitated and given a job at the Veterans' Administration, he was soon to learn that his battles were far from over. In 1948, in the throes of the post-war Red Scare, the hysteria over perceived Communist threats that marked the Cold War, the government moved to fire Kutcher because of his membership in a small, left-wing group that had once espoused revolutionary sentiments. Kutcher's eight-year legal odyssey to clear his name and assert his First Amendment rights, described in full for the first time in this book, is at...
