The Free Press Crisis Of 1800
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The Free Press Crisis Of 1800
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Author : Peter Charles Hoffer
language : en
Publisher:
Release Date : 2011
The Free Press Crisis Of 1800 written by Peter Charles Hoffer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Freedom of the press categories.
Examines the trial of journalist Thomas Cooper, which was the first major constitutional challenge to the Sedition Act of 1798 and an important showcase for debating the role of government and the place of dissent in times of national emergency.
The Free Press Crisis Of 1800
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Author : Peter Charles Hoffer
language : en
Publisher: University Press of Kansas
Release Date : 2011-02-22
The Free Press Crisis Of 1800 written by Peter Charles Hoffer and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-22 with Law categories.
The far-reaching Sedition Act of 1798 was introduced by Federalists to suppress Republican support of French revolutionaries and imposed fines and imprisonment "if any person shall write, print, utter or publish . . . scandalous and malicious writing or writings against the government of the United States." Such a broadly and loosely defined offense challenged the freedom of the American press and gave the government the power to drag offending newspaper editors into court. The trial of Thomas Cooper in particular became an important showcase for debating the dangers and limits of the new law, one with great implications for both the new republic and federal constitutional law. Cooper's trial has now been rescued from long neglect and illuminated by Peter Charles Hoffer, one our nation's preeminent legal historians. While most modern students of the Sedition Act regard it as an extreme measure motivated by partisan malice, Hoffer offers a much more nuanced view that weighs all the arguments and fairly considers the position of each side in historical and legal context. Hoffer sets the stage by revisiting both the much better known 1735 trial of Peter Zenger and the subsequent fashioning of the First Amendment during the first meeting of the U.S. Congress.. He then describes the rise of political factions in the early republic, congressional debate over the Sedition Act, and Thomas Jefferson's and James Madison's Kentucky and Virginia Resolves. After a close reading of Cooper's allegedly seditious writings, Hoffer brings the trial record to life, capturing prosecution and defense strategies, including Cooper's attempt to subpoena President Adams and Federalist trial judge Samuel Chase's management of the prosecution from the bench. Long after the Federalists had departed the scene, echoes of the free-press crisis continued to roil American politics-reappearing in the debates over antislavery petitions, the suppression of dissent during the Civil War and two world wars, and most recently in the trials of suspected terrorists. Hoffer's book is an authoritative review of this landmark case and a vital touchstone for anyone concerned about the role of government and the place of dissent in times of national emergency.
Free Speech And Unfree News
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Author : Sam Lebovic
language : en
Publisher: Harvard University Press
Release Date : 2016-03-07
Free Speech And Unfree News written by Sam Lebovic and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-07 with History categories.
Does America have a free press? Many who say yes appeal to First Amendment protections against censorship. Sam Lebovic shows that free speech, on its own, is not sufficient to produce a free press and helps us understand the crises that beset the press amid media consolidation, a secretive national security state, and the daily newspaper’s decline.
Constitutional Law For A Changing America
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Author : Lee Epstein
language : en
Publisher: CQ Press
Release Date : 2021-08-04
Constitutional Law For A Changing America written by Lee Epstein and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-04 with Political Science categories.
Political factors influence judicial decisions. Arguments and input from lawyers and interest groups, shifting public opinion, and the ideological and behavioral inclinations of the justices collectively influence the development of constitutional doctrine. In Constitutional Law for a Changing America, bestselling authors Lee Epstein, Kevin T. McGuire, and Thomas G. Walker draw on both political science and legal studies to analyze and excerpt cases, accounting for recent landmark court decisions, including key opinions handed down through the 2020 term. Updated with additional material such as recent court rulings, more than 500 supplemental cases, and greater coverage of freedom of expression, this Eleventh Edition will develop students’ understanding of how the U.S. Constitution protects civil rights and liberties. Included with this text The online resources for your text are available via the password-protected Instructor Resource Site.
Press And Speech Under Assault
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Author : Wendell Bird
language : en
Publisher: Oxford University Press
Release Date : 2016-01-07
Press And Speech Under Assault written by Wendell Bird and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-07 with History categories.
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.
Constitutional Law Rights Liberties And Justice 8th Edition
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Author : Lee Epstein
language : en
Publisher: SAGE
Release Date : 2013
Constitutional Law Rights Liberties And Justice 8th Edition written by Lee Epstein and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Education categories.
Judicial decisions never occur in a vacuum û they are influenced by a myriad of political factors. From lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices, Epstein and Walker show how all these dynamics play an integral part in the overall development of constitutional doctrine. Drawing deeply from the spheres of political science and legal studies, the exceperted case material is skillfully analyzed and presented for todayÆs students. Known for fastidious revising and streamlining, the authors account for the latest scholarship in the field and offer rock-solid analysis of recent landmark cases, including as all the important opinions handed down through 2011. Building on the successes of the 7th edition, the bookÆs clean layout and design clearly distinguishes between commentary and opinion excerpts. Not only does the design make the book an easier read for students, it effectively showcases photos, justice biographies, and the ôAftermathö and ôGlobal Perspectiveö sidebars. And based on positive user feedback, the authors have added even more Aftermath boxes in this new edition. New cases in the 8th edition: Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission (2012) Snyder v. Phelps (2011) Brown v. Entertainment Merchants Association (2011) United States v. Jones (2012) Citizens United v. Federal Election Commission
A Sovereign People
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Author : Carol Berkin
language : en
Publisher: Basic Books
Release Date : 2017-05-02
A Sovereign People written by Carol Berkin and has been published by Basic Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-02 with History categories.
How George Washington, Alexander Hamilton, and John Adams navigated the nation through four major crises and caused the first stirrings of American nationalism Today the United States is the dominant power in world affairs, and that status seems assured. Yet in the decade following the ratification of the Constitution, the republic's existence was contingent and fragile, challenged by domestic rebellions, foreign interference, and the always-present danger of collapse into mob rule. Carol Berkin reveals that the nation survived almost entirely due to the actions of the Federalist leadership-George Washington, Alexander Hamilton, and John Adams. Reacting to successive crises, they extended the power of the federal government and fended off foreign attempts to subvert American sovereignty. As Berkin argues, the result was a spike in nationalism, as ordinary citizens began to identify with their nation first, their home states second. While the Revolution freed the states and the Constitution linked them as never before, this landmark work shows that it was the Federalists who transformed the states into an enduring nation.
Lincoln S First Crisis
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Author : William Bruce Johnson
language : en
Publisher: Rowman & Littlefield
Release Date : 2020-07-21
Lincoln S First Crisis written by William Bruce Johnson and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-21 with History categories.
Lincoln’s First Crisis concerns five of the most consequential months in American history: December 1860 through April 1861. When Abraham Lincoln swore his oath as president, the United States was disintegrating. Seven states had seceded, and as many as eight seemed poised to join them, depending upon how the new president handled the secession crisis and its flashpoint: Fort Sumter in South Carolina, the heart of the rebellion. The fate of the republic hung in the balance. The Sumter crisis has been hotly debated and deeply researched for more than 150 years. In this thoughtful reassessment, William Bruce Johnson combines thorough research and the latest historiography with a litigator’s methodical analysis and a storyteller’s eye for meaningful detail. Shortly after taking office, Lincoln decided upon a plan to avoid war with the seceded states while keeping his inaugural promise to maintain a Union military presence in the South. Because he chose not to reveal his plan to anyone, rumors soon spread that he was simply afraid to act. One source of such rumors was Lincoln’s secretary of state, William Henry Seward. Resentful that Lincoln had deprived him of the Republican nomination and convinced that Lincoln lacked the political sophistication necessary to deal with the secession crisis, Seward decided to negotiate with the Confederacy on his own and in secret. General Winfield Scott, meanwhile, the Union’s most senior military officer, had for a decade depended upon Seward for political advice, and now considered himself under orders from Seward, not the president. Johnson traces how Seward and Scott sabotaged Lincoln’s plan. From this account, from his examination of various personalities (such as that of Fort Sumter’s commander, Major Robert Anderson), and from his granular research into aspects of the Order of Battle in Charleston, Johnson has here constructed a new narrative of this crucial period, culminating in a new theory of how and why the Civil War began as it did, and how and why, if the new president’s orders had been properly carried out by Seward and Scott, it might have been averted.
Criminal Dissent
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Author : Wendell Bird
language : en
Publisher: Harvard University Press
Release Date : 2020-01-07
Criminal Dissent written by Wendell Bird and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-07 with History categories.
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 federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record. The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.
The Free And Open Press
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Author : Robert W. T. Martin
language : en
Publisher: NYU Press
Release Date : 2001-08-01
The Free And Open Press written by Robert W. T. Martin and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-01 with Law categories.
The current, heated debates over hate speech and pornography were preceded by the equally contentious debates over the "free and open press" in the seventeenth and eighteenth centuries. Thus far little scholarly attention has been focused on the development of the concept of political press freedom even though it is a form of civil liberty that was pioneered in the United States. But the establishment of press liberty had implications that reached far beyond mere free speech. In this groundbreaking work, Robert Martin demonstrates that the history of the "free and open press" is in many ways the story of the emergence and first real expansions of the early American public sphere and civil society itself. Through a careful analysis of early libel law, the state and federal constitutions, and the Sedition Act crisis Martin shows how the development of constitutionalism and civil liberties were bound up in the discussion of the "free and open press." Finally, this book is a study of early American political thought and democratic theory, as seen through the revealing window provided by press liberty discourse. It speaks to broad audiences concerned with the public square, the history of the book, free press history, contemporary free expression controversies, legal history, and conceptual history.