The logic of persecution : free expression and the McCarthy era

著者

書誌事項

The logic of persecution : free expression and the McCarthy era

Martin H. Redish

Stanford University Press, 2005

  • : pbk

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注記

Includes bibliographical references and index

内容説明・目次

巻冊次

ISBN 9780804748049

内容説明

This book demonstrates that neither the current liberal nor conservative positions on the McCarthy era provide the basis for a normative perspective. Examining the era through the lens of the theory of free expression, it becomes apparent that both sides have basically missed the key point. While recently declassified documents demonstrate widespread participation by American Communists in conducting or facilitating espionage, much of the negative treatment they received had little or nothing to do with such activity. From the perspective of the First Amendment right of free speech, there exists a significant difference between speech that advocates conduct, on the one hand, and speech that itself is part of a nonspeech criminal act, such as espionage, on the other. By helping to separate protected speech from unprotected "speech-acts," First Amendment theory can do much to distinguish between the legitimate governmental responses to American Communism and those that contravened basic notions of communicative freedom protected by the Constitution. At the same time, by focusing the First Amendment inquiry on the McCarthy era, one should be able to glean insights about the broader implications of free speech protection.
巻冊次

: pbk ISBN 9780804755931

内容説明

This book demonstrates that neither the current liberal nor conservative position on the McCarthy era provides the basis for an appropriate normative perspective. Adding the perspective of the theory of free expression, it becomes apparent that both sides have ignored a vitally important point. While recently declassified documents demonstrate widespread participation by American Communists in conducting or facilitating espionage, much of the negative treatment received by American Communists had little or nothing to do with such activity. From the perspective of the First Amendment right of free speech, there exists a significant difference between speech that advocates conduct, on the one hand, and speech that itself is part of a nonspeech criminal act, such as espionage, on the other. By helping to separate protected speech from unprotected "speech-acts," First Amendment theory can do much to distinguish between the legitimate governmental responses to American Communism and those that contravened basic notions of communicative freedom protected by the Constitution. At the same time, by focusing the First Amendment inquiry on the McCarthy era, one should be able to glean insights about the broader implications of free speech protection.

目次

@fmct:Contents @toc4:Preface iii @toc1:1 Introduction: Logic, History and the McCarthy Era 0 2 The Legal Topography of the McCarthy Era 00 3 McCarthyism, Free Expression and the Role of Pathology in American History 00 4 Unlawful Advocacy, Free Speech, and the McCarthy Era 000 5 HUAC, The Hollywood Ten, and the First Amendment Right of Non-Association000 6 Public Education, Free Speech and the McCarthy Era 000 7 Conclusion: The McCarthy Era as a First Amendment Laboratory 000 @toc4:Notes 000 Bibliography 000 Index 000

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