When the Nazis came to Skokie

freedom for speech we hate

DOWNLOAD NOW »

Author: Philippa Strum

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 172

View: 4193

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.

Sexual harassment and the law

the Mechelle Vinson case

DOWNLOAD NOW »

Author: Augustus B. Cochran

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 227

View: 6696

Title Vll of the 1964 Civil Rights Act may have outlawed sex discrimination, but it did not address the sexual harassment of women in the workplace--behavior that courts did not deem illegal until well into the era of the modern civil rights and women's movements. Mechelle Vinson's lawsuit against her employer, "Meritor Savings Bank v. Vinson (1986), changed all of that. Adopting the legal theory pioneered by feminist Catharine MacKinnon that sexual harassment was indeed discriminatory, the Supreme Court's opinion, authored by one of the most conservative justices, brought the problem of sexual harassment into the spotlight and placed power relations between men and women at work squarely on the public agenda. Plaintiff Vinson claimed that she had submitted to the unwanted sexual advances of her supervisor in order to hold onto her job. Although her supervisor denied her charges and the bank he worked for disavowed any knowledge of misbehavior, her suit finally reached the Supreme Court after sixyears of litigation, where a unanimous Court determined that the creation of a "hostile work environment" through sexual harassment was a form of sex discrimination--and that such harassment could be actionable even without economic injury to the plaintiff. Augustus Cochran reexamines the origins, contexts, and impact of this landmark decision and introduces readers to the main actors in the drama: bank teller Vinson, her boss and alleged harasser, and a changing cast of jurists. Cochran traces the case from the lower court's ruling in favor of the bank through the appellate stage overturning that ruling to the Supreme Court's holding that sexual harassment violates Title VII. He analyzes thedecision's contentious legacy, charting the course of issues raised in the case--hostile environment, unwelcomeness, employer liability--as they have played out in later cases. He also examines new and related legal developmen

Hate Speech

The History of an American Controversy

DOWNLOAD NOW »

Author: Samuel Walker

Publisher: U of Nebraska Press

ISBN: 9780803297517

Category: History

Page: 217

View: 4297

Offers a chronological history of the U.S. policy on hate speech, which in most other countries is prohibited

Defending My Enemy

American Nazis, the Skokie Case, and the Risks of Freedom

DOWNLOAD NOW »

Author: Aryeh Neier

Publisher: International Debate Education Assn

ISBN: 9781617700453

Category: History

Page: 195

View: 3180

Are Nazis entitled to freedom of expression? In 1977, Frank Collin, leader of the National Socialist Party of America, sought to hold a Nazi march in Skokie, Illinois. Skokie had one of the largest Holocaust survivor populations outside New York City. Writing from his perspective as national executive director of the ACLU, the author details what happened next.

The Nazi/Skokie conflict

a civil liberties battle

DOWNLOAD NOW »

Author: David Hamlin

Publisher: Beacon Press (MA)

ISBN: N.A

Category: Law

Page: 184

View: 3968

Presents an account of the Nazi/ Skokie conflict by the Executive Director of the Illinois ACLU chapter that defended Frank Collin's rights.

Speaking Freely

Whitney V. California and American Speech Law

DOWNLOAD NOW »

Author: Philippa Strum

Publisher: N.A

ISBN: 9780700621347

Category: History

Page: 208

View: 569

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.

Griswold versus Connecticut

DOWNLOAD NOW »

Author: John W. Johnson

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 266

View: 6295

Americans value privacy as one their most cherished rights, yet the word "privacy" isn't even mentioned in the U.S. Constitution. It took the supreme Court's ruling in "Griswold v. Connecticut (1965) to bestow constitutional protection upon this right. That remains one of the Court's most hotly debated rulings and led directly to an even more controversial decision in "Roe v. Wade (1973). John Johnson's masterly critique of Griswold-"which observes its 40th anniversary on June 7, 2005-"reminds us once again of its crucial impact on both American law and society. Johnson explores "Griswold's origins in a challenge to Connecticut's 1879 anticontraception law, provides a detailed narrative of its progress, examines the unfolding of the newly secured right of privacy up to recent controversies over same-sex relations, and grounds the story in two key contexts: the struggle within one state to establish the right to birth control and the national debate over the right of privacy. He also provides important insights into the Supreme Court decision in "Poe v. Ullman (1961), which rejected challenges to the Connecticut's law and was itself immediately challenged. In response to "poe, Planned Parenthood opened a clinic in New Haven to dispense birth control advice and devices to married women. Ten days later, a local prosecutor shut the clinic down and indicted executive director Estelle Griswold and her medical director, C. Lee Buxton. Tracing the progress of Griswold's case, Johnson clarifies how privacy or "the right to be let alone" became a judicially constructed right. In one of the most idiosyncratic opinions in the Court's history, Justice William O. Douglas ruled that "emanations" fromfive constitutional amendments afforded protection to the right of privacy, while several other justices proposed competing rationales in support. As he unravels this fascinating tale, Johnson reveals a multifaceted decision

Obscenity Rules

Roth V. United States and the Long Struggle Over Sexual Expression

DOWNLOAD NOW »

Author: Whitney Strub

Publisher: N.A

ISBN: 9780700619368

Category: Law

Page: 268

View: 4260

An examination of the landmark 1957 Supreme Court case "Roth v. United States," which for the first time attempted to define what constitutes obscenity in American life and law. Explores this problematic ruling within the broad sweep of American social and legal history.

New York Times V. Sullivan

Civil Rights, Libel Law, and the Free Press

DOWNLOAD NOW »

Author: Kermit L. Hall,Melvin I. Urofsky

Publisher: Landmark Law Cases & American

ISBN: 9780700618033

Category: Language Arts & Disciplines

Page: 222

View: 366

Two forefront legal historians examine a classic case from the turbulent civil rights era to trace how the New York Times won a key Supreme Court appeal against an Alabama defamation suit, a victory that established important precedents in the areas of free press while significantly advancing civil rights for African-Americans in the Deep South. Simultaneous.

Flag burning and free speech

the case of Texas v. Johnson

DOWNLOAD NOW »

Author: Robert Justin Goldstein

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 269

View: 3203

When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.

Curious Case of Kiryas Joel

The Rise of a Village Theocracy and the Battle to Defend the Separation of Church and State

DOWNLOAD NOW »

Author: Louis Grumet,John Caher,Judith Kaye

Publisher: Chicago Review Press

ISBN: 1613735030

Category: Law

Page: 304

View: 8653

Twenty years ago, on the last day of session, the New York State Legislature created a publicly funded school district to cater to the interests of a religious sect called Kiryas Joel, an extremely insular group of Hasidic Jews. The sect had bought land in upstate New York, populated it solely with members of its faction, and created a village that exerted extraordinary political pressure over both political parties in the Legislature. Marking the first time in American history that a governmental unit was established for a religious group, the Legislature's action prompted years of litigation that eventually went to the Supreme Court. The 1994 case, The Board of Education of the Village of Kiryas Joel v. Grumet, stands as the most important legal precedent in the fight to uphold the separation of church and state. In The Curious Case of Kiryas Joel, plaintiff Louis Grumet opens a window onto the Satmar Hasidic community and details the inside story of his fight for the First Amendment. This story—a blend of politics, religion, cultural clashes, and constitutional tension—is an object lesson in the ongoing debate over freedom of vs. freedom from religion.

Capital punishment on trial

Furman v. Georgia and the death penalty in modern America

DOWNLOAD NOW »

Author: David M. Oshinsky

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 144

View: 6378

In his first book since the Pulitzer Prize--winning Polio: An American Story, renowned historian David Oshinsky takes a new and closer look at the Supreme Court's controversial and much-debated stances on capital punishment--in the landmark case of Furman v. Georgia. Career criminal William Furman shot and killed a homeowner during a 1967 burglary in Savannah, Georgia. Because it was a "black-on-white" crime in the racially troubled South, it also was an open-and-shut case. The trial took less than a day, and the nearly all-white jury rendered a death sentence. Aided by the NAACP's Legal Defense Fund, Furman's African-American attorney, Bobby Mayfield, doggedly appealed the verdict all the way to the U.S. Supreme Court, which in 1972 overturned Furman's sentence by a narrow 5--4 vote, ruling that Georgia's capital punishment statute, and by implication all other state death-penalty laws, was so arbitrary and capricious as to violate the Eighth Amendment's prohibition against "cruel and unusual punishment." Furman effectively, if temporarily, halted capital punishment in the United States. Every death row inmate across the nation was resentenced to life in prison. The decision, however, did not rule the death penalty per se to be unconstitutional; rather, it struck down the laws that currently governed its application, leaving the states free to devise new ones that the Court might find acceptable. And this is exactly what happened. In the coming years, the Supreme Court would uphold an avalanche of state legislation endorsing the death penalty. Capital punishment would return stronger than ever, with many more defendants sentenced to death and eventually executed. Oshinsky demonstrates the troubling roles played by race and class and region in capital punishment. And he concludes by considering the most recent Supreme Court death-penalty cases involving minors and the mentally ill, as well as the impact of international opinion. Compact and engaging, Oshinsky's masterful study reflects a gift for empathy, an eye for the telling anecdote and portrait, and a talent for clarifying the complex and often confusing legal issues surrounding capital punishment.

The Insular cases and the emergence of American empire

DOWNLOAD NOW »

Author: Bartholomew H. Sparrow

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 300

View: 6771

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.

Women in the Barracks

The VMI Case and Equal Rights

DOWNLOAD NOW »

Author: Philippa Strum

Publisher: N.A

ISBN: N.A

Category: Education

Page: 417

View: 7138

Discusses the landmark 1989 discrimination case in which a female applicant brought suit against Virginia Military Institute for alleged gender bias, discussing the history of the academy, the course of the case--from first complaint to final settlement--and its implications in terms of the role of women in the military.

The Battle for the Black Ballot

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

DOWNLOAD NOW »

Author: Charles L. Zelden

Publisher: N.A

ISBN: N.A

Category: Law

Page: 156

View: 5132

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

The Shadow University

The Betrayal of Liberty on America's Campuses

DOWNLOAD NOW »

Author: Alan Charles Kors,Harvey Silverglate

Publisher: Simon and Schuster

ISBN: 0684867494

Category: Political Science

Page: 432

View: 7927

Universities once believed themselves to be sacred enclaves, where students and professors could debate the issues of the day and arrive at a better understanding of the human condition. Today, sadly, this ideal of the university is being quietly betrayed from within. Universities still set themselves apart from American society, but now they do so by enforcing their own politically correct worldview through censorship, double standards, and a judicial system without due process. Faculty and students who threaten the prevailing norms may be forced to undergo "thought reform." In a surreptitious aboutface, universities have become the enemy of a free society, and the time has come to hold these institutions to account. The Shadow University is a stinging indictment of the covert system of justice on college campuses, exposing the widespread reliance on kangaroo courts and arbitrary punishment to coerce students and faculty into conformity. Alan Charles Kors and Harvey A. Silverglate, staunch civil libertarians and active defenders of free inquiry on campus, lay bare the totalitarian mindset that undergirds speech codes, conduct codes, and "campus life" bureaucracies, through which a cadre of deans and counselors indoctrinate students and faculty in an ideology that favors group rights over individual rights, sacrificing free speech and academic freedom to spare the sensitivities of currently favored groups. From Maine to California, at public and private universities alike, liberty and fairness are the first casualties as teachers and students find themselves in the dock, presumed guilty until proven innocent and often forbidden to cross-examine their accusers. Kors and Silverglate introduce us to many of those who have firsthand experience of the shadow university, including: The student at the center of the 1993 "Water Buffalo" case at the University of Pennsylvania, who was brought up on charges of racial harassment after calling a group of rowdy students "water buffalo" -- even though the term has no racial connotations. The Catholic residence adviser who was fired for refusing, on grounds of religious conscience, to wear a symbol of gay and lesbian causes. The professor who was investigated for sexual harassment when he disagreed with campus feminists about curriculum issues. The student who was punished for laughing at a statement deemed offensive to others and who was ordered to undergo "sensitivity training" as a result. The Shadow University unmasks a chilling reality for parents who entrust their sons and daughters to the authority of such institutions, for thinking people who recognize that vigorous debate is the only sure path to truth, and for all Americans who realize that when even one citizen is deprived of liberty, we are all diminished.

The battle over school prayer

how Engel v. Vitale changed America

DOWNLOAD NOW »

Author: Bruce J. Dierenfield

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 263

View: 3801

It has become known to many as the moment when the U.S. Supreme Court kicked God out of the public schools, supposedly paving the way for a decline in educational quality and a dramatic rise in delinquency and immorality. The 6-to-1 decision in Engel v. Vitale (1962) not only sparked outrage among a great many religious Americans, it also rallied those who cried out against what they perceived as a dangerously activist Court. Bruce Dierenfield has written a concise and readable guide to the first--and still most important--case that addressed the constitutionality of prayer in public schools. The 22-word recitation in a Long island school that was challenged in Engel v. Vitale was hardly denominational--not even overtly Christian--but a handful of parents saw it as a violation of the First Amendment's proscription again the establishment of religion. The case forced the Supreme Court to take a stand on Jefferson's "wall of separation" between church and state. When it did so, the Court declared that by endorsing the prayer recitation--no matter how brief, nondenominational, or voluntary--the Long Island school board had unconstitutionally approved the establishment of religion in school. Writing with impeccable fairness and sensitivity, Dierenfield sets his account of the Engel decision in the larger historical and political context, citing battles over a wide range of religious activities in public schools throughout American history. He takes readers behind the scenes at school board meetings and Court deliberations to show real people wrestling with deeply personal issues. Through interviews with many of the participants, he also reveals the large price paid by the plaintiffs andtheir children, who were frequently harassed both during and after the trial. For a long time, opponents of the decision have loudly claimed that it was based on a distorted reading of the First Amendment and deprived Americans of their right to practice religion. Dierenfield shows that the polarizing effect of Engel--a decision every bit as controversial as Roe v. Wade--has reverberated through the subsequent decades and gained intensity with the rise of the religious right. His book helps readers understand why, even in the face of this landmark decision, Americans remain divided on how divided church and state should be.

The Bakke case

race, education, and affirmative action

DOWNLOAD NOW »

Author: Howard Ball

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Business & Economics

Page: 231

View: 3856

The Slaughterhouse Cases

Regulation, Reconstruction, and the Fourteenth Amendment

DOWNLOAD NOW »

Author: Ronald M. Labbé,Jonathan Lurie

Publisher: N.A

ISBN: 9780700614097

Category: History

Page: 205

View: 5741

While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.