Perilous Times PA

Hailed as "a masterpiece of constitutional history" by Dean Elena Kagan of the Harvard Law School, Perilous Times investigates how the U.S. government has suppressed civil liberties during major periods of war from the Sedition Act of 1798 to the present. Full of fresh legal and historical insight, Perilous Times is "an important, indeed necessary book on the ... tension in American history between liberty and security" (Michiko Kakutani, New York Times). Book jacket.

Geoffrey R. Stone, the Harry Kalven Jr. Distinguished Service Professor at the University of Chicago Law School

List of Illustrations

xv

Acknowledgments

xix

Introduction: War Fever

3

(2)

``Congress Shall Make No Law...''

5

(7)

The Lessons of History

12

(3)

The ``Half War'' with France: The First First Amendment

15

(64)

The Lyon of Vermont

17

(4)

On War Footing

21

(4)

``A Mere Bugbear''?

25

(4)

The Alien Acts: ``All Is Darkness, Silence, Mystery, and Suspicion''

29

(4)

The Sedition Act of 1798: ``Fraught with the Most Serious Mischiefs''

33

(11)

``The Reign of Witches''

44

(4)

The Trial of Matthew Lyon

48

(6)

The Trial of Thomas Cooper

54

(7)

The Trial of James Callender

61

(2)

``Persecutions and Personal Indignities''

63

(4)

``We Are All Republicans--We Are All Federalists''

67

(6)

``There Is No Such Thing as a False Idea''

73

(4)

Spadre Bluffs

77

(2)

The Civil War: Mr. Lincon's First Amendment

79

(56)

``Spotty Lincoln''

81

(1)

``Abraham Africanus the First''

82

(12)

Clement Vallandigham and General Order No. 38

94

(14)

Abraham Lincoln and the Freedom of Speech

108

(12)

``Please Spare Me the Trouble''

120

(6)

Despot, Liar, Usurper, Thief, Monster, Perjurer, Ignoramus, Swindler, Tyrant, Fiend, Butcher, and Pirate

126

(7)

``Even at the Darkest Moments''

133

(2)

World War I: ``Clear and Present Danger''?

135

(100)

A Mere ``Slip of a Girl''

138

(2)

War Opponents: Jane Addams, Eugene V. Debs, and Emma Goldman

140

(6)

The Espionage Act of 1917

146

(7)

``A Divided, Fearful, and Intolerant Nation''

153

(5)

The Legal Context

158

(2)

Judges Bourquin, Amidon, and Hand

160

(10)

The Triumph of ``Bad Tendency''

170

(4)

The Death of Free Speech: ``What Is an Attempt?''

174

(6)

``Antiwar Expression . . . Had Little Chance''

180

(2)

``The First Amendment Had No Hold on People's Minds''

182

(2)

The Sedition Act of 1918: ``When Did It Become War upon the American People?''

184

(8)

The U.S. Supreme Court: ``Clear and Present Danger''?

192

(6)

The Transformation of Justice Holmes: ``I Hope I Would Die for It''

198

(14)

The Department of Justice: John Lord O'Brian and Alfred Bettman

212

(8)

The Red Scare of 1919--1920

220

(6)

``The Maturer Judgment of Posterity''

226

(6)

The Firebrand

232

(3)

World War II: ``Nothing to Fear''?

235

(76)

To Avoid the Mistakes of the Past

240

(4)

The Dies Committee

244

(4)

The Smith Act and J. Edgar Hoover

248

(4)

``When Are You Going to Indict the Seditionists?''

252

(6)

``The American Hitler''

258

(8)

The Prosecution of William Dudley Pelley and the Sedition Act of 1798

266

(6)

The ``Great Sedition Trial'' of World War II

272

(3)

``A Dark Chapter in Our Record of the Last World War''

275

(5)

``No Official, High or Petty''

280

(3)

Aliens and Citizens

283

(3)

``A Jap's a Jap''

286

(11)

The ``Ugly Abyss of Racism''

297

(6)

``We Now Know What We Should Have Known Then''

303

(4)

Murphy, Jackson, and Biddle

307

(4)

The Cold War: The First Amendment in Extremis

311

(116)

``Boy Wonder''

314

(4)

Reds

318

(5)

The Red Menace, 1945--1950

323

(7)

The Red Menace, 1950--1954

330

(11)

``Absolute'' Loyalty

341

(11)

HUAC: ``The Other Side of the Barricades''

352

(7)

HUAC: ``On the Trail of the Tarantula''

359

(8)

The ``Blond Spy Queen'' and the Time Editor

367

(7)

Tail Gunner Joe

374

(8)

``So Reckless and So Cruel''

382

(11)

Francis Biddle and John Lord O'Brian Revisited

393

(2)

Dennis v. United States

395

(16)

June 17, 1957

411

(8)

``Paralysis Rather than Protest''

419

(4)

``How Would They Ever Learn Better?''

423

(4)

The Vietnam War: The Supreme Court's First Amendment

427

(100)

The Pacifist

430

(3)

The Roots of the Antiwar Movement

433

(3)

``I Don't Want Us to Get into That Dangerous Situation''

436

(7)

``A Movement Cannot Grow without Repression''

443

(8)

The 1968 Democratic National Convention: ``A Scene from the Russian Revolution''

451

(8)

Days of Rage, Kent State, and May Day

459

(12)

``A Call to Resist Illegitimate Authority'' and the Law of Conspiracy

471

(11)

Radicalism on Trial: The Conspiracy Trial

482

(5)

``Expose, Disrupt and Otherwise Neutralize''

487

(13)

The Pentagon Papers

500

(17)

The Supreme Court and Vietnam: ``The Perfect Ending to a Long Story''?

517

(8)

``The Government Has Misread the Times''

525

(2)

Conclusion: The Secret of Liberty

527

(32)

Can We Do Better?

530

(20)

The War on Terrorism

550

(9)

Notes

559

(134)

Index

693

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Summary

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Perilous Times PA

Summary

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Table of Contents

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