Description
Book Synopsis: In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy.
The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain.
America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.
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Discover the thought-provoking and captivating tale of America's Civil Liberties Compromise in the groundbreaking book, "The Taming of Free Speech." Uncover the fascinating history of the conflict between business leaders and labor sympathizers, and how this clash shaped our understanding of civil liberties from 1910 to 1940. Written by Laura Weinrib, this meticulously researched book illustrates the surprising alliance between lawyers and activists that made the judicial enforcement of the Bill of Rights a defining feature of American democracy.
From the early condemnation of civil liberties as masks for subversive activity to the celebration of the judiciary's protection of freedom of speech during the Second World War, "The Taming of Free Speech" sheds light on the evolution of our society. The American Civil Liberties Union's bold vision of free speech, including unrestricted picketing and boycotts, undergoes a transformation over time as the organization balances its rhetoric to gain support and prevail in court.
During the New Deal era, the ACLU's litigation strategy faced opposition from liberals concerned about the implications for a judiciary perceived as too friendly to corporations and hostile to the administrative state. On the other hand, conservatives, eager to protect industry from government regulation, shifted their stance to embrace civil liberties, despite their radical origins. This unexpected transformation in constitutional jurisprudence represents a calculated bargain, not just a triumph for the Left as commonly understood.
America's civil liberties compromise ensured the survival of the courts from attacks during the New Deal and secured free speech for both labor radicals and businesses. This compromise has continued to shape our society, with competing groups now engaging in the arena of ideas, shielded by the protective shield of the First Amendment. Embrace the rich history and profound insights offered by "The Taming of Free Speech" and expand your understanding of the complex dynamics that have shaped our civil liberties.
Unlock the captivating world of America's Civil Liberties Compromise
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