When the Nazis came to Skokie

freedom for speech we hate

Author: Philippa Strum

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 172

View: 3278

In the Chicago suburb of Skokie, one out of every six Jewish citizens in the late 1970s was a survivor -- or was directly related to a survivor -- of the Holocaust. These victims of terror had resettled in America expecting to lead peaceful lives free from persecution. But their safe haven was shattered when a neo-Nazi group announced its intention to parade there in 1977. Philippa Strum's dramatic retelling of the events in Skokie (and in the courts) shows why the case ignited such enormous controversy and challenged our understanding of and commitment to First Amendment values. The debate was clear-cut: American Nazis claimed the right of free speech while their Jewish "targets" claimed the right to live without intimidation. The town, arguing that the march would assault the sensibilities of its citizens and spark violence, managed to win a court injunction against the marchers. In response, the American Civil Liberties Union took the case and successfully defended the Nazis' right to free speech. Skokie had all the elements of a difficult case: a clash of absolutes, prior restraint of speech, and heated public sentiment. In recreating it, Strum presents a detailed account and analysis of the legal proceedings as well as finely delineated portraits of the protagonists: Frank Collin, National Socialist Party of America leader and the son of a Jewish Holocaust survivor; Skokie community leader Sol Goldstein, a Holocaust survivor who planned a counter demonstration against the Nazis; Skokie mayor Albert Smith, who wanted only to protect his townspeople; and ACLU attorney David Goldberger, caught in the ironic position of being a Jew defending the rights of Nazis against fellow Jews.While the ACLU did win the case, it was a costly victory -- 30,000 of its members left the organization. And in the end, ironically, the Nazis never did march in Skokie. Forcefully argued, Strum's book shows' that freedom of speech must be defended even when the beneficiaries of that defense are far from admirable individuals. It raises both constitutional and moral issues critical to our understanding of free speech and carries important lessons for current controversies over hate speech on college campuses, inviting readers to think more carefully about what the First Amendment really means.

America, History and Life

Author: Eric H. Boehm

Publisher: N.A

ISBN: N.A

Category: United States

Page: N.A

View: 8727

Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.

The Insular cases and the emergence of American empire

Author: Bartholomew H. Sparrow

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 300

View: 7232

When the United States took control of Cuba, Puerto Rico, the Philippines, and Guam following the Spanish-American War, it was unclear to what degree these islands were actually part of the U.S. and, in particular, whether the Constitution applied fully, or even in part, to their citizens. By looking closely at what became known as the Insular Cases, Bartholomew Sparrow reveals how America resolved to govern these territories. Sparrow follows the Insular Cases from the controversial Downes v. Bidwell in 1901, which concerned tariffs on oranges shipped to New York from Puerto Rico and which introduced the distinction between incorporated and unincorporated territories, to Balzac v. Puerto Rico in 1922, in which the Court decided that Puerto Ricans, although officially U.S. citizens, could be denied trial by jury because Puerto Rico was "unincorporated." There were 35 Insular Cases in all, cases stretching across two decades, cases in which the Court ruled on matters as diverse as tariffs, double jeopardy, and the very meaning of U.S. citizenship as it applied to the inhabitants of the offshore territories. Providing a new look at the history and politics of U.S. expansion at the turn of the twentieth century, Sparrow's book also examines the effect the Court's decisions had on the creation of an American empire. It highlights crucial features surrounding the cases--the influence of racism on the justices, the need for naval stations to protect new international trade, and dramatic changes in tariff policy. It also tells how the Court sanctioned the emergence of two kinds of American empire: formal territories whose inhabitants could be U.S. citizens but still be denied full politicalrights, and an informal empire based on trade, cooperative foreign governments, and U.S. military bases rather than on territorial acquisitions. The Insular Cases and the Emergence of American Empire reveals how the United States handled its first major episode of globalization and how the Supreme Court, in these cases, crucially redirected the course of American history.

Slave law in the American South

State v. Mann in history and literature

Author: Mark V. Tushnet

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 150

View: 6636

Slavery in the American South could not have existed without the authority of law defining slaves as the property of their masters. But the fact that slaves were also human beings placed limits on this harsh reality. When the rigor of the law and the complex bonds of sentiment linking master and slave came into conflict, masters looked to the courts. In one such case, "State v. Mann, North Carolina Supreme Court justice Thomas Ruffin ruled that masters could not be prosecuted for assaulting their slaves. In articulating the legal basis for his decision, Justice Ruffin also revealed his own view of the "logic of slavery," in which he sanctioned the owner's rights even as he expressed his own horror at the mistreatment of the slave. Mark Tushnet, one of the foremost living authorities on antebellum slave law, now shows how studying such a simple case can illuminate an entire society. For those who detested slavery, the case represented all that was intolerable about that institution; for those who defended it, it raised vexing and persistent issues that could not be wished away. As further testament to the importance of "State V. Mann, Harriett Beecher Stowe even made it central to her second antislavery novel, "Dred. Tushnet discusses the opinion's place in the novel--in which she quoted liberally from Ruffin's decision--and evaluates other historians' interpretations of both the opinion and Stowe's provocative novel. Tushnet provides a finely detailed analysis of Ruffin's opinion, portraying the judge as a man compelled by law to uphold the slaveowner's right while moved as a Christian by the slave's maltreatment and ever hopeful that communal morality and a deep-seated sense of honorwould moderate the excesses of slave owners. As Tushnet shows, however, slave law was a means for maintaining the ideological hegemony of the Southern master class. "Slave Law in the American South paints a broad picture of a

Recent Acquisitions

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law libraries

Page: N.A

View: 9278

AHA Perspectives

Newsletter of the American Historical Association Including EIB Notices

Author: N.A

Publisher: N.A

ISBN: N.A

Category: History

Page: N.A

View: 5774

Nazi Saboteurs on Trial

A Military Tribunal and American Law

Author: Louis Fisher

Publisher: N.A

ISBN: N.A

Category: Law

Page: 183

View: 8524

The 9/11 attacks were not the first operations by foreign terrorists on American soil. In 1942, during World War II, eight Germans landed on our shores bent on sabotage. Caught before they could carry out their missions, under FDR's presidential proclamation they were hauled before a secret military tribunal and found guilty. After the Supreme Court's emergency session upheld the tribunal's authority, six of the men were executed. Louis Fisher chronicles the capture, trial, and punishment of the Nazi saboteurs in order to examine the extent to which procedural rights are suspended in time of war. One of America's leading constitutional scholars, Fisher analyzes the political, legal, and administrative context of the Supreme Court decision Ex parte Quirin (1942), reconstructing a rush to judgment that has striking relevance to current events. Fisher contends that the Germans' constitutional right to a civil trial was hijacked by an ill-conceived concentration of power within the presidency, overriding essential checks from the Supreme Court, Congress, and the office of the Judge Advocate General. He reveals that the trials were conducted in secret not to preserve national security but rather to shield the government's chief investigators and sentencing decisions from public scrutiny and criticism. Thus, the FBI's bogus claim to have nabbed the saboteurs entirely on their own was allowed to stand, while the saboteurs' death sentences were initially kept hidden from public view. Fisher also takes issue with the Bush administration's mistaken citing of Ex parte Quirin as an "apt precedent" for trying suspected al Qaeda terrorists. Concisely designed for students and general readers, this newly abridged and updated edition provides a cautionary tale as our nation struggles to balance individual rights and national security, as seen most clearly in the recent Supreme Court decisions relating to Yaser Esam Hamdi, Jose Padilla, and the "detainees" at Guantanamo.

OAH Newsletter

Author: N.A

Publisher: N.A

ISBN: N.A

Category: United States

Page: N.A

View: 6652

The Confederacy on trial

the piracy and sequestration cases of 1861

Author: Mark A. Weitz

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 219

View: 9192

In the annals of Civil War history: one overarching dispute remains unsettled: was the United States waging war against another nation or putting down an internal rebellion? In October 1861 three legal battles put this question to the test. As Mark Weitz reveals, these proceedings were instrumental in debating and ultimately shaping the Confederacy's very identity. Weitz takes readers to courtrooms in Philadelphia and New York, where Confederate sailors caught raiding Union vessels were tried for the capital crime of piracy. Their defense argued that they were not pirates at all but privateers acting on behalf of a sovereign nation, and thus were entitle to protection under international laws governing prisoners of war and could not be executed. Meanwhile, in South Carolina, a number of Charleston lawyers challenged the Confederacy's Sequestration Act. This law authorized government seizure of the property of "enemy aliens"-an action viewed by Southerners as a threat to civil liberties and state's rights by,a central government that had assumed excessive powers. By attempting to preserve long-standing Southern traditions regarding private property and due process, the lawyers high-lighted the conflict between the kind of nation the Confederacy wanted to become and the nation it was compelled to be in wartime. Weitz masterfully interweaves these stories, highlighting the extraordinary tensions between legal professionalism and the public clamor for patriotism. He shows that while the Confederacy struggled to balance its commitment to civil rights and state sovereignty with the need to wage war, the United States walked an equally fine line between officially sanctioning the newConfederacy and utilizing war powers normally directed at enemy nations. Ultimately, both sides discovered that war created irreconcilable contradictions that could not be easily resolved. "The Confederacy on Trial provides an unprec

The Yoder Case

Religious Freedom, Education, and Parental Rights

Author: Shawn Francis Peters

Publisher: N.A

ISBN: 9780700612734

Category: Law

Page: 199

View: 6623

Compulsory education has always been in the best interest of the state, as it fosters good citizenship and self-sufficiency. But what if a segment of society considers state education detrimental to its own values? In the late 1960s, one Wisconsin Amish community held that view and removed its children from public schools. When the state claimed truancy and took Jonas Yoder and two other parents to court, a legal battle of landmark proportions followed. Prize-winning historian Shawn Peters now offers a complete and compelling account of the Yoder case and of the tortured decision of simple Amish folk to break tradition and "go to law." He examines the breadth of First Amendment protections, the validity of compulsory school attendance, and the fundamental rights of parents and children. He also takes readers deep into the world of the Old Order Amish to show how their beliefs were often at variance with the very measures being undertaken to protect them. While most accounts of Wisconsin v. Yoder have focused on its origins and implications, Peters lays out all the facts of the case to reveal their intrinsic importance. He draws on trial transcripts and in-depth interviews with participants to fully explore the backgrounds, motivations, and strategies of the people who shaped the case-particularly the National Committee for Amish Religious Freedom and its attorney William Ball. He then describes in riveting prose how the trial unfolded, explains the impact of First Amendment jurisprudence on ordinary citizens involved, and shows how a relatively obscure dispute became a conflict of national importance. When the U.S. Supreme Court in 1972 ruled in favor of the Amish, its decision was hailed by many as a victory for religious freedom but was also criticized for conferring special protection on one faith. Yoder was subsequently cited in fundamentalist Christian efforts to excuse children from public schooling, but faith-based exemption to law was ultimately defeated in other tests. Peters traces the progress of such cases into the 1990s to show how Yoder in some ways marked the beginning of the end of an era for religious liberty jurisprudence. In exploring the meaning and legacy of Yoder, Peters reveals not only the human element of a landmark case but also its continuing relevance for our times.

The Battle for the Black Ballot

Smith V. Allwright and the Defeat of the Texas All-white Primary

Author: Charles L. Zelden

Publisher: N.A

ISBN: N.A

Category: Law

Page: 156

View: 2152

The history of voting rights in America is a checkerboard marked by dogged progress against persistent prejudice toward an expanding inclusiveness. The Supreme Court decision in Smith v. Allwright is a crucial chapter in that broader story and marked a major turning point for the modern civil rights movement. Charles Zelden's concise and thoughtful retelling of this episode reveals why. Denied membership in the Texas Democratic Party by popular consensus, party rules, and, from 1923 to 1927, state statutes, Texas blacks were routinely turned away from voting in the Democratic primary in the first decades of the twentieth century. Given that Texas was a one-party state and that the primary effectively determined who held office, this meant the total exclusion of Texas blacks from the political process. This practice went unchecked until 1940, when Lonnie Smith, a black dentist from Houston, fought his exclusion by election judge S. E. Allwright in the 1940 Democratic Primary. Defeated in the lowercourts, Smith finally found justice in the U.S. Supreme Court, which ruled 8-1 that the Democratic Party and its primary were not "private and voluntary" and, thus, were duly bound by constitutional protections governing the electoral process and the rights of all citizens. The real meaning of Smith's challenge to the Texas all-white primary lies at the heart of the entire civil rights revolution. One of the first significant victories for the NAACP's newly formed Legal Defense Fund against Jim Crow segregation, it provided the conceptual foundation which underlay Thurgood Marshall's successful arguments in Brown v. Board of Education. It was also viewed by Marshall as one of his most importantpersonal victories. As Zelden shows, the Smith decision attacked the intractable heart of segregation, as it redrew the boundary between public and private action in constitutional law and laid the groundwork for many civil

Religious freedom and Indian rights

the case of Oregon v. Smith

Author: Carolyn Nestor Long

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Political Science

Page: 317

View: 476

American Government and Politics Today, No Separate Policy Chapters Version, 2013-2014

Author: Steffen Schmidt,Mack Shelley,Barbara Bardes,Lynne Ford

Publisher: Cengage Learning

ISBN: 113395605X

Category: Political Science

Page: 576

View: 6362

AMERICAN GOVERNMENT AND POLITICS TODAY is known nationwide for its balanced, unbiased, and up-to-date coverage of constitutional, governmental, political, social, and economic structures and their processes. It encourages students to experience the excitement that comes with being an active, engaged, and informed citizen and provides them with the tools they need to get involved. This latest edition includes a variety of updates including in-depth coverage of the 2012 elections. This version of the text does not include the policy chapters. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

American Government and Politics Today, 2013-2014 Edition

Author: Steffen Schmidt,Mack Shelley,Barbara Bardes,Lynne Ford

Publisher: Cengage Learning

ISBN: 1133602134

Category: Political Science

Page: 704

View: 8234

AMERICAN GOVERNMENT AND POLITICS TODAY is known nationwide for its balanced, unbiased, and up-to-date coverage of constitutional, governmental, political, social, and economic structures and their processes. It encourages readers to experience the excitement that comes with being an active, engaged, and informed citizen and provides them with the tools they need to get involved. This latest edition includes a variety of updates including in-depth coverage of the 2012 elections. This text is also available without policy chapters. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Freedom of Speech

Importing European and US Constitutional Models in Transitional Democracies

Author: Uladzislau Belavusau

Publisher: Routledge

ISBN: 1135071985

Category: Law

Page: 304

View: 6559

This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.

Speaking Freely

Whitney V. California and American Speech Law

Author: Philippa Strum

Publisher: N.A

ISBN: 9780700621347

Category: History

Page: 208

View: 1662

Anita Whitney was a child of wealth and privilege who became a vocal leftist, early in the twentieth century, became a vocal leftist, 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 descendant of Mayflower Pilgrims; Supreme Court Justice Louis D. Brandeis, a brilliant son of immigrants; the teeming immigrant neighborhoods and left wing labor politics of the early twentieth century; and the lessons some Harvard Law School professors took from World War I-era restrictions on speech. Though the Supreme Court upheld Whitney's conviction, it included an opinion by Justice Brandeis—joined by Justice Oliver Wendell Holmes, Jr.—that led to a decisive change in the way the Court understood First Amendment free speech protections. Speaking Freely takes us into the discussions behind this dramatic change, as Holmes, Brandeis, Judge Learned Hand, and Harvard Law professors Zechariah Chafee and Felix Frankfurter debate the extent of the First Amendment and the important role of free speech in a democratic society. In Brandeis’s opinion, we see this debate distilled in a statement of the value of free speech and the harm that its suppression does to a democracy, along with reflections on the importance of freedom from government control for the founders and the drafters of the First Amendment. Through Whitney v. California and its legacy, Speaking Freely shows how the American approach to speech, differing as it does that of every other country, reflects the nation's unique history. Nothing less than a primer in the history of free speech rights in the US, the book offers a sobering and timely lesson as fear once more raises the specter of repression.

Cold Killing

Victor 6 - Thriller

Author: Tom Wood

Publisher: Goldmann Verlag

ISBN: 3641176069

Category: Fiction

Page: 416

View: 9536

Victor ist Profikiller. Sein wahrer Name und seine Herkunft: unbekannt. Sein Perfektionismus: unerreicht. Für seine Auftraggeber beim britischen Geheimdienst ist Victor unersetzlich. Doch obwohl er bei der Arbeit keine moralischen Skrupel kennt, geht es Victor nicht immer um Geld. Manchmal geht es darum, das Böse zu eliminieren – Menschen wie Milan Rados. Der ehemalige Befehlshaber der serbischen Armee entkam dem Kriegsverbrechertribunal und errichtete in Belgrad ein kriminelles Imperium. Nun soll Victor auf seine Art für Recht sorgen ...