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Criminal Dissent
In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent. The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition. The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the ...
Press and Speech Under Assault
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. This book discusses the Supreme Court justices before John Marshall and their confrontations with those freedoms. Its conclusions are surprising about their broad understanding of freedoms of press and speech before 1798, and about their split over the constitutionality of the Sedition Act of 1798. The book also summarizes the recognized prosecutions under that law, and then doubles their number by confirming 22 additional prosecutions under the Sedition Act.
The Revolution in Freedoms of Press and Speech
This book discusses the revolutionary broadening of concepts of freedom of press and freedom of speech in Great Britain and in America in the late eighteenth century, in the period that produced state declarations of rights and then the First Amendment and Fox's Libel Act. The conventional view of the history of freedoms of press and speech is that the common law since antiquity defined those freedoms narrowly, and that Sir William Blackstone in 1769, and Lord Chief Justice Mansfield in 1770, faithfully summarized the common law in giving a very narrow definition of those freedoms as mere liberty from prior restraint and not liberty from punishment after something was printed or spoken. This...
Religious Speech and the Quest for Freedoms in the Anglo-American World
In the secular, contemporary world, many people question the relevance of religion. Many also wonder whether religiously-informed speech and beliefs should be tolerated in the public square, and whether religions hinder freedom. In this volume, Wendell Bird reminds us that our basic freedoms are the important legacies of religious speech arising from the Judeo-Christian tradition. Bird demonstrates that religious speech, rather than secular or irreligious speech based on other belief systems, historically made the demands and justifications for at least six critical freedoms: speech and press, rights for the criminally accused, higher education, emancipation from slavery, and freedom from discrimination. Bringing an historically-informed approach to the development of some of the most important freedoms in the Anglo-American world, this volume provides a new framework for our understanding of the origins of crucial freedoms. It also serves as a powerful reminder of an aspect of history that is steadily being forgotten or overlooked-that many of our basic freedoms are the historical legacies of religious speech arising from Judeo-Christian faiths.
The (un)Written Constitution
With the appointment of Justices Gorsuch and Kavanaugh to the Supreme Court, jurists in the mold of Justice Scalia, textualism and originalism are more prominent then ever before. These justices insist that in interpreting the Constitution, they focus on text while other justices neglect the Constitution. In The (Un)Written Constitution, George Thomas reveals that textualists and originalists rely on unwritten understandings that shape their reading of the Constiution's text. Our most pressing debates over how to interpret the Constitution are debates about unwritten ideas, not the text. And these debates have been with us from the creation of the Constitution to the present.
Contentious Curricula
This book compares two challenges made to American public school curricula in the 1980s and 1990s. It identifies striking similarities between proponents of Afrocentrism and creationism, accounts for their differential outcomes, and draws important conclusions for the study of culture, organizations, and social movements. Amy Binder gives a brief history of both movements and then describes how their challenges played out in seven school districts. Despite their very different constituencies--inner-city African American cultural essentialists and predominately white suburban Christian conservatives--Afrocentrists and creationists had much in common. Both made similar arguments about oppressi...
Birds in Wood and Paint
A comprehensive look at American miniature bird carvings and the artists who made them
Constitutional Inquisitors
The evolution of the federal prosecutor's role from a pragmatic necessity to a significant political figure. In the United States, federal prosecutors enjoy a degree of power unmatched elsewhere in the world. They are free to investigate and prosecute—or decline to prosecute—criminal cases without significant oversight. And yet, no statute grants them these powers; their role is not mentioned in the Constitution. How did they obtain this power, and are they truly independent from the political process? In Constitutional Inquisitors, Scott Ingram answers these questions by tracing the origins and development of federal criminal law enforcement. In the first book to examine the development...
The Education of John Adams
This book, a free-standing companion to Bernstein's 2003 biography Thomas Jefferson, responds to the public curiosity about Adams, his life, and his work for those intrigued by popular-culture portrayals of Adams in the Broadway musical 1776 and the HBO television miniseries John Adams. As with Bernstein's other work (e.g., The Founding Fathers: A Very Short Introduction), it is a clear, scholarly, concise, well-written, and well-researched account of Adams's life, career, and thought addressing anyone seeking to learn more about him.
The Production of American Religious Freedom
You, and you, and you: Charles Grandison Finney and democracy -- I'm not myself to-night. I owe money: Louisa May Alcott and salvation -- Sentiment rules the world: William Jennings Bryan and populism -- The helpless white minority: D.W. Griffith and violence -- The fundamental faith of every true American: Al Smith and loyalty -- Do you hate me? Malcolm X and the truth -- Science in a little box: intelligent design and secularity -- The most sacred of all property: corporations and persons -- You, and you, and you
