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Jacob Abrams et al. v. United States is the landmark Supreme Court case in the definition of free speech. Although the 1918 conviction of four Russian Jewish anarchists―for distributing leaflets protesting America's intervention in the Russian revolution―was upheld, Justice Oliver Wendell Holmes's dissenting opinion (with Justice Louis Brandeis) concerning "clear and present danger" has proved the touchstone of almost all subsequent First Amendment theory and litigation.In Fighting Faiths, Richard Polenberg explores the causes and characters of this dramatic episode in American history. He traces the Jewish immigrant experience, the lives of the convicted anarchists before and after the trials, the careers of the major players in the court cases―men such as Holmes, defense attorney Harry Weinberger, Southern Judge Henry DeLamar Clayton, Jr., and the young J. Edgar Hoover―and the effects of this important case on present-day First Amendment rights.
- Sales Rank: #232249 in Books
- Brand: Brand: Cornell University Press
- Published on: 1999-08-05
- Original language: English
- Number of items: 1
- Dimensions: 9.04" h x 1.05" w x 6.04" l, 1.30 pounds
- Binding: Paperback
- 464 pages
- Used Book in Good Condition
From Publishers Weekly
When it reached the Supreme Court in 1919, the case of Jacob Abrams and four other Russian-Jewish immigrant anarchists who were convicted and eventually deported in 1921 became a precedent-setting test of the First Amendment. In an impressively researched and comprehensive summary of this extraordinarily complex case, Polenberg, author of One Nation Divisible, focuses on the Supreme Court's "clear and present danger" criterion determining limits of free speech, and the reasoning behind the dissents of Justices Holmes and Brandeis, which continued to influence the extent of freedom of expression until the 1969 adoption of the broader "likeness to incite" lawless-action interpretation of the First Amendment. The author recalls the motives that led the individual immigrants to espouse anarchism and what they suffered for their beliefs. He also compares U.S. surveillance, headed by the young J. Edgar Hoover, and prison conditions with the violent confrontations and more brutal treatment to which anarchists were subjected in Russia at the hands of the Cheka (and later PGU) secret police, which disillusioned even such staunch American radicals as Emma Goldman and Alexander Berkman. However, he notes, both governments favored deportation of anarchists. Photos not seen by PW.
Copyright 1987 Reed Business Information, Inc.
From Library Journal
No scholar has examined the 1919 Abrams caseabout denial of civil liberties during the Red scare afterWorld War Iin comparable depth and as subtly. Polenberg discusses the district and Supreme Court decisions; the five anarchist defendants; the New York City bomb squad; Judge Henry Clayton; prosecution and defense attorneys; J. Edgar Hoover; justices and legal scholars; and wardens and inmates in the prisons that briefly held the prisoners. Comparison of Soviet and U.S. treatment of anarchists adds a rich dimension. Massive learning and exacting scholarship make this essential reading for students of modern American law and history. Milton Cantor, Univ. of Massachusetts, Amherst
Copyright 1987 Reed Business Information, Inc.
Review
"A book crowded with intense, stubborn, vulnerable, idealistic, and mean-spirited people. . . . The kind of social legal history Dickens might have enjoyed."―Nat Hentoff, Washington Post Book World
"A marvelous . . . book that brings the people and the law to life. . . . It teaches us again, dramatically, that our Constitution lives because judges apply its eternal principles in the light of accumulated experience and wisdom."―Anthony Lewis, The New York Times
"Polenberg's abridgement is a successful distillation of the original sprawling transcript into a lean form that focuses our attention to acute questions of national loyalty and security, morality, ethics, politics, and human frailty."―Ellen Bales, Historical Studies in the Physical and Biological Sciences, 33:2
Most helpful customer reviews
5 of 5 people found the following review helpful.
The Hobo Philosopher
By Richard E. Noble
This is an exceptional book. I am shocked that I am the first to write a review of this work. There are enough legal questions presented in this work to keep any researcher busy of the rest of his life.
The Abrams case is a precedent setting case. We learn some of the legal controversies - screaming "FIRE" in a crowed theater and the "Clear and Present Danger" notion.
It takes place during that violent and outrageous period in American history referred to as the Red Scare. Abrams, Steimer, Lachowsky, Lipman, and Schwartz are arrested for printing up and distributing leaflets critical of the American Government during a time of war. They specifically protest the sending of American troops to fight on Russian soil in opposition to Bolshevism. This is a little known fact, in itself, to most Americans. They suggest various types of protest actions to be taken by citizens. [None of which advocate an "armed" march on Washington D.C. as is being suggested by some present day discontents. This we can be assured will not be tolerated.]
All the defendants were recent Jewish immigrants who had escaped persecution in Czarist Russia. In the United States they had become activist for workers rights and protections. They fancied themselves to be Anarchist - a rather confusing philosophy that advocated the eventual dissolution of all governments. A philosophy that has prominent advocates to this day.
The trial turned into another American historical farce. Defendants, Lachowsky and Schwartz were beaten by police and interrogators. Schwartz, it is claimed, was beaten to death while in custody. All the defendants received long prison terms (10 & 20 years) and then were granted the choice of deportation for crimes that required at most a warning. In England defendants in such cases received six months or less. The whole thing became another circus. We learn about the inadequacies of our appointed judges; the politics behind our Supreme Court and the multiple and abundant inadequacies of people and systems - not to mention the hyper-paranoia of the general public.
The first half of the book covers the Abrams case in detail. The second half discusses various ramifications - the draft, the press, speech in general.
In today's world of heated rhetoric this book provides substantial material for understanding. I know that I will have to read this book over from start to finish. It has so many discussions and legal notions to contend with and attempt to understand.
As a writer in today's world it is important to have some understanding of these issues. To know what types of speech have been challenged in the past as unacceptable, inflammatory, and unconstitutional.
This is a "big" book ... very important stuff. Unfortunately, I have so much to learn and so little time. But this is a good one. It deals with laws that effect all of us today. Laws that I have no doubt will be back into the news and before the courts shortly. It is inevitable.
Richard Edward Noble - The Hobo Philosopher - Author of:
"America on Strike" American Labor - History
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