History

The Great Dissent

How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America

Author: Thomas Healy

Publisher: Metropolitan Books

ISBN: 1429949090

Category: History

Page: 336

View: 2912

A gripping intellectual history reveals how Oliver Wendell Holmes became a free-speech advocate and established the modern understanding of the First Amendment No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Constitutional Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation. A Kirkus Reviews Best Nonfiction Book of 2013
Biography & Autobiography

The Great Dissent

How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America

Author: Thomas Healy

Publisher: Macmillan

ISBN: 0805094563

Category: Biography & Autobiography

Page: 322

View: 7087

Based on newly discovered letters and memos, this riveting scholarly history of the conservative justice who became a free-speech advocate and established the modern understanding of the First Amendment reconstructs his journey from free-speech skeptic to First Amendment hero. (This book was previously featured in Forecast.)
History

The Great Dissent

How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America

Author: Thomas Healy

Publisher: Picador

ISBN: 9781250058690

Category: History

Page: 352

View: 1639

No right seems more fundamental to American life than freedom of speech. Yet well into the twentieth century that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court Justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one’s political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.
Biography & Autobiography

Democracy's Prisoner

Eugene V. Debs, the Great War, and the Right to Dissent

Author: Ernest Freeberg

Publisher: N.A

ISBN: 9780674057203

Category: Biography & Autobiography

Page: 380

View: 4908

An eye-opening narrative shows that the campaign to send socialist leader Eugene V. Debs from an Atlanta jailhouse to the White House was part of a wider national debate over the right to free speech in wartime.
Law

I Dissent

Great Opposing Opinions in Landmark Supreme Court Cases

Author: Mark V. Tushnet

Publisher: Beacon Press

ISBN: 9780807000366

Category: Law

Page: 229

View: 3529

A distinguished Supreme Court scholar introduces and explains sixteen influential cases from throughout the Court's history and offers a sense of what could have developed if the dissents were instead the majority opinions, looking at each case in terms of its political, social, economic, and cultural context. Original.
Law

Great Australian Dissents

Author: Andrew Lynch

Publisher: Cambridge University Press

ISBN: 1107158532

Category: Law

Page: 394

View: 2528

This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.
Literary Criticism

The Great Dissent

John Henry Newman and the Liberal Heresy

Author: Robert Pattison

Publisher: Oxford University Press

ISBN: 9780195361926

Category: Literary Criticism

Page: 256

View: 2085

"Alas," Newman said of liberalism, "it is an error overspreading, as a snare, the whole earth." The Great Dissent examines how from his implacable opposition to liberalism Newman developed a sweeping critique of modern values only rivaled in breadth and scorn by that of Nietzsche. The Great Dissent offers a revaluation of Newman's whole thought and establishes his place in the history of ideas as the leading English dissident from the liberalism of contemporary civilization and the foremost modern spokesman for the reality of dogmatic truth.
Juvenile Nonfiction

I Dissent

Ruth Bader Ginsburg Makes Her Mark (With Audio Recording)

Author: Debbie Levy

Publisher: Simon and Schuster

ISBN: 1481465600

Category: Juvenile Nonfiction

Page: 40

View: 9147

Get to know celebrated Supreme Court justice Ruth Bader Ginsburg—in the first picture book about her life—as she proves that disagreeing does not make you disagreeable! Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing: disagreeing with inequality, arguing against unfair treatment, and standing up for what’s right for people everywhere. This biographical picture book about the Notorious RBG, tells the justice’s story through the lens of her many famous dissents, or disagreements.
Law

Dissent and the Supreme Court

Its Role in the Court's History and the Nation's Constitutional Dialogue

Author: Melvin I. Urofsky

Publisher: Vintage

ISBN: 030774132X

Category: Law

Page: 544

View: 8469

In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court's long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court's majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean and fashioning subsequent decisions--largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous & now overturned case of Dred Scott v. Sanford (1857) during which Chief Justice Roger Taney's opinion upheld slaver and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
History

Polarity, Patriotism, and Dissent in Great War Canada, 1914-1919

Author: Brock Millman

Publisher: University of Toronto Press

ISBN: 1442615389

Category: History

Page: 358

View: 7882

Compared to the idea that Canada was a nation forged in victory on Vimy Ridge, the reality of dissent and repression at home strikes a sour note. Through censorship, conscription, and internment, the government of Canada worked more ruthlessly than either Great Britain or the United States to suppress opposition to the war effort during the First World War. Polarity, Patriotism, and Dissent in Great War Canada, 1914-1919 examines the basis for those repressive policies. Brock Millman, an expert on wartime dissent in both the United Kingdom and Canada, argues that Canadian policy was driven first and foremost by a fear that opposition to the war amongst French Canadians and immigrant communities would provoke social tensions - and possibly even a vigilante backlash from the war's most fervent supporters in British Canada. Highlighting the class and ethnic divisions which characterized public support for the war, Polarity, Patriotism, and Dissent in Great War Canada, 1914-1919 offers a broad and much-needed reexamination of Canadian government policy on the home front.
History

Revolutionary Dissent

How the Founding Generation Created the Freedom of Speech

Author: Stephen D. Solomon

Publisher: St. Martin's Press

ISBN: 1466879394

Category: History

Page: 288

View: 502

When members of the founding generation protested against British authority, debated separation, and then ratified the Constitution, they formed the American political character we know today-raucous, intemperate, and often mean-spirited. Revolutionary Dissent brings alive a world of colorful and stormy protests that included effigies, pamphlets, songs, sermons, cartoons, letters and liberty trees. Solomon explores through a series of chronological narratives how Americans of the Revolutionary period employed robust speech against the British and against each other. Uninhibited dissent provided a distinctly American meaning to the First Amendment's guarantees of freedom of speech and press at a time when the legal doctrine inherited from England allowed prosecutions of those who criticized government. Solomon discovers the wellspring in our revolutionary past for today's satirists like Jon Stewart and Stephen Colbert, pundits like Rush Limbaugh and Keith Olbermann, and protests like flag burning and street demonstrations. From the inflammatory engravings of Paul Revere, the political theater of Alexander McDougall, the liberty tree protests of Ebenezer McIntosh and the oratory of Patrick Henry, Solomon shares the stories of the dissenters who created the American idea of the liberty of thought. This is truly a revelatory work on the history of free expression in America.
History

Dissent

The History of an American Idea

Author: Ralph Young

Publisher: NYU Press

ISBN: 1479814520

Category: History

Page: 640

View: 664

Finalist, 2016 Ralph Waldo Emerson Award One of Bustle's Books For Your Civil Disobedience Reading List Dissent: The History of an American Idea examines the key role dissent has played in shaping the United States. It focuses on those who, from colonial days to the present, dissented against the ruling paradigm of their time: from the Puritan Anne Hutchinson and Native American chief Powhatan in the seventeenth century, to the Occupy and Tea Party movements in the twenty-first century. The emphasis is on the way Americans, celebrated figures and anonymous ordinary citizens, responded to what they saw as the injustices that prevented them from fully experiencing their vision of America. At its founding the United States committed itself to lofty ideals. When the promise of those ideals was not fully realized by all Americans, many protested and demanded that the United States live up to its promise. Women fought for equal rights; abolitionists sought to destroy slavery; workers organized unions; Indians resisted white encroachment on their land; radicals angrily demanded an end to the dominance of the moneyed interests; civil rights protestors marched to end segregation; antiwar activists took to the streets to protest the nation’s wars; and reactionaries, conservatives, and traditionalists in each decade struggled to turn back the clock to a simpler, more secure time. Some dissenters are celebrated heroes of American history, while others are ordinary people: frequently overlooked, but whose stories show that change is often accomplished through grassroots activism. The United States is a nation founded on the promise and power of dissent. In this stunningly comprehensive volume, Ralph Young shows us its history. Teaching Resources from Temple University: Sample Course Syllabus Teaching Resources from C-Span Classroom Teaching Resources from Temple University
Business & Economics

Advice and Dissent

Why America Suffers When Economics and Politics Collide

Author: Alan S. Blinder

Publisher: Basic Books

ISBN: 046509418X

Category: Business & Economics

Page: 368

View: 9176

A bestselling economist tells us what both politicians and economists must learn to fix America's failing economic policies American economic policy ranks as something between bad and disgraceful. As leading economist Alan S. Blinder argues, a crucial cultural divide separates economic and political civilizations. Economists and politicians often talk--and act--at cross purposes: politicians typically seek economists' "advice" only to support preconceived notions, not to learn what economists actually know or believe. Politicians naturally worry about keeping constituents happy and winning elections. Some are devoted to an ideology. Economists sometimes overlook the real human costs of what may seem to be the obviously best policy--to a calculating machine. In Advice and Dissent, Blinder shows how both sides can shrink the yawning gap between good politics and good economics and encourage the hardheaded but softhearted policies our country so desperately needs.
Literary Collections

The Great Camouflage

Writings of Dissent (1941–1945)

Author: Suzanne Césaire

Publisher: Wesleyan University Press

ISBN: 0819572756

Category: Literary Collections

Page: 67

View: 7216

A new and complete English translation
History

Scorpions

The Battles and Triumphs of FDR's Great Supreme Court Justices

Author: Noah Feldman

Publisher: Twelve

ISBN: 0446575143

Category: History

Page: 528

View: 4201

A tiny, ebullient Jew who started as America's leading liberal and ended as its most famous judicial conservative. A Klansman who became an absolutist advocate of free speech and civil rights. A backcountry lawyer who started off trying cases about cows and went on to conduct the most important international trial ever. A self-invented, tall-tale Westerner who narrowly missed the presidency but expanded individual freedom beyond what anyone before had dreamed. Four more different men could hardly be imagined. Yet they had certain things in common. Each was a self-made man who came from humble beginnings on the edge of poverty. Each had driving ambition and a will to succeed. Each was, in his own way, a genius. They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. SCORPIONS tells the story of these four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.
Law

We Dissent

Talking Back to the Rehnquist Court, Eight Cases That Subverted Civil Liberties and Civil Rights

Author: Michael Avery

Publisher: NYU Press

ISBN: 9780814707371

Category: Law

Page: 245

View: 5999

The lawyers and legal commentators who contribute to We Dissent unanimously agree that during Chief Justice William Rehnquist’s nineteen-year tenure, the Supreme Court failed to adequately protect civil liberties and civil rights. This is evident in majority opinions written for numerous cases heard by the Rehnquist Court, and eight of those cases are re-examined here, with contributors offering dissents to the Court’s decisions. The Supreme Court opinions criticized in We Dissent suggest that the Rehnquist Court placed the interests of government above the people, and as the dissents in this book demonstrate, the Court strayed far from our constitutional ideals when it abandoned its commitment to the protection of the individual rights of Americans. Each chapter focuses on a different case—ranging from torture to search and seizure, and from racial profiling to the freedom of political expression—with contributors summarizing the case and the decision, and then offering their own dissent to the majority opinion. For some cases featured in the book, the Court’s majority decisions were unanimous, so readers can see here for the first time what a dissent might have looked like. In other cases, contributors offer alternative dissents to the minority opinion, thereby widening the scope of opposition to key civil liberties decision made by the Rehnquist Court. Taken together, the dissents in this unique book address the pressing issue of Constitutional protection of individual freedom, and present a vision of constitutional law in the United States that differs considerably from the recent jurisprudence of the United States Supreme Court. Contributors: Michael Avery, Erwin Chemerinsky,Marjorie Cohn, Tracey Maclin, Eva Paterson, Jamin Raskin, David Rudovsky, Susan Kiyomi Serrano, and Abbe Smith.
Political Science

Scalia's Court

A Legacy of Landmark Opinions and Dissents

Author: Antonin Scalia

Publisher: Simon and Schuster

ISBN: 1621575330

Category: Political Science

Page: 592

View: 6614

The sudden passing of Justice Antonin Scalia shook America. After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds. Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence. “I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?” Now that "the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy—and to care.
Biography & Autobiography

The Essential Holmes

Selections from the Letters, Speeches, Judicial Opinions, and Other Writings of Oliver Wendell Holmes, Jr.

Author: Oliver Wendell Holmes,Richard A. Posner

Publisher: University of Chicago Press

ISBN: 9780226675541

Category: Biography & Autobiography

Page: 374

View: 3648

Oliver Wendell Holmes, Jr., has been called the greatest jurist and legal scholar in the history of the English-speaking world. In this collection of his speeches, opinions, and letters, Richard Posner reveals the fullness of Holmes' achievements as judge, historian, philosopher, and master of English style. Thematically arranged, the volume covers a rich variety of subjects from aging and death to themes in politics, personalities, and law. Posner's substantial introduction firmly places this wealth of material in its proper biographical and historical context. "A first-rate prose stylist, [Holmes] was perhaps the most quotable of all judges, as this ably edited volume shows."—Washington Post Book World "Brilliantly edited, lucidly organized, and equipped with a compelling introduction by Judge Posner, [this book] is one of the finest single-volume samplers of any author's work I have seen. . . . Posner has fully captured the acrid tang of him in this masterly anthology."—Terry Teachout, National Review "Excellent. . . . A worthwhile contribution to current American political/legal discussions."—Library Journal "The best source for the reader who wants a first serious acquaintance with Holmes."—Thomas C. Grey, New York Review of Books
Philosophy

Voicing Dissent

The Ethics and Epistemology of Making Disagreement Public

Author: Casey Rebecca Johnson

Publisher: Routledge

ISBN: 1351721569

Category: Philosophy

Page: 202

View: 2431

Disagreement is, for better or worse, pervasive in our society. Not only do we form beliefs that differ from those around us, but increasingly we have platforms and opportunities to voice those disagreements and make them public. In light of the public nature of many of our most important disagreements, a key question emerges: How does public disagreement affect what we know? This volume collects original essays from a number of prominent scholars—including Catherine Elgin, Sanford Goldberg, Jennifer Lackey, Michael Patrick Lynch, and Duncan Pritchard, among others—to address this question in its diverse forms. The book is organized by thematic sections, in which individual chapters address the epistemic, ethical, and political dimensions of dissent. The individual contributions address important issues such as the value of disagreement, the nature of conversational disagreement, when dissent is epistemically rational, when one is obligated to voice disagreement or to object, the relation of silence and resistance to dissent, and when political dissent is justified. Voicing Dissent offers a new approach to the study of disagreement that will appeal to social epistemologists and ethicists interested in this growing area of epistemology.
Political Science

Why Societies Need Dissent

Author: Cass R. Sunstein

Publisher: Harvard University Press

ISBN: 9780674017689

Category: Political Science

Page: 246

View: 4673

In this timely book, Cass R. Sunstein shows that organizations and nations are far more likely to prosper if they welcome dissent and promote openness. Attacking "political correctness" in all forms, Sunstein demonstrates that corporations, legislatures, even presidents are likely to blunder if they do not cultivate a culture of candor and disclosure. He shows that unjustified extremism, including violence and terrorism, often results from failure to tolerate dissenting views. The tragedy is that blunders and cruelties could be avoided if people spoke out. Sunstein casts new light on freedom of speech, showing that a free society not only forbids censorship but also provides public spaces for dissenters to expose widely held myths and pervasive injustices. He provides evidence about the effects of conformity and dissent on the federal courts. The evidence shows not only that Republican appointees vote differently from Democratic appointees but also that both Republican and Democratic judges are likely to go to extremes if unchecked by opposing views. Understanding the need for dissent illuminates countless social debates, including those over affirmative action in higher education, because diversity is indispensable to learning. Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense. This is true for dissenters in boardrooms, churches, unions, and academia. It is true for dissenters in the White House, Congress, and the Supreme Court. And it is true during times of war and peace.