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Protecting the Best Men: An Interpretive History of the Law of Libel
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publication details
 Table of contents
|
Contents |
|
|
Acknowledgments |
xi |
|
Introduction. Toward an Understanding of Defamation Law |
3 |
|
The "New" Legal Histories |
6 |
| 1. |
The Politics of Reputation in Seventeenth-Century America |
12 |
|
Free Expression in Colonial America: The Scholarly Debate |
12 |
|
The Dynamics of Political Expression in Seventeenth- Century America |
15 |
|
The Politics--Large and Small--of Reputation |
19 |
|
From Defamation to Political Libel |
25 |
| 2. |
Publishers Beware! Libel Law in Eighteenth-Century America |
29 |
|
The "Peculiar Unhappiness" of Colonial Printers |
30 |
|
Factional Politics and Seditious Libel, 1700-1750 |
33 |
|
The Limits on Political Communication in Eighteenth- Century America |
40 |
|
Political Communication and Seditious Libel during the Revolutionary Era, 1750-1776 |
44 |
|
Freedom of Expression during the American Revolution |
51 |
|
Political Libel in Eighteenth-Century America |
53 |
| 3. |
Framing an American Law of Libel, 1781-1797 |
56 |
|
The System of Political Communication in Post- Revolutionary America |
56 |
|
Libel and Politics during the 1780s: The State Background of the First Amendment |
61 |
|
Toward the Sedition Act: Political Debate during the 1790s |
71 |
| 4. |
The Era of the Sedition Act and First-Amendment Thought |
79 |
|
The Sedition Act of 1798 |
79 |
|
A Firmness of Faith: Federalists and the Law of Libel |
82 |
|
The "New Libertarianism": The Jeffersonian Response |
89 |
|
The Era of the Sedition Act and First-Amendment Thought |
99 |
| 5. |
The Law of Libel and Early Nineteenth-Century Political Culture |
101 |
|
The Law of Libel and Partisan Politics |
101 |
|
The Law of Criminal Libel, 1800-1815 |
108 |
|
Criminal Libel and Politics, 1815-1827 |
117 |
|
Politics and Civil Libel Suits, 1800-1830 |
120 |
|
The Law of Libel and Early Nineteenth-Century Political Culture |
128 |
| 6. |
The Law of Libel in the Age of Mass Politics |
130 |
|
Mid-Nineteenth-Century Libel Suits: A Survey |
130 |
|
Debating the Law of Libel |
134 |
|
The Press, Mass Politics, and Free Debate |
140 |
|
Mid-Nineteenth-Century Libertarianism: Public Opinion and the Marketplace of Ideas |
145 |
|
The Law of Libel in the Age of Mass Politics |
151 |
| 7. |
Beyond Hamiltonianism: Libel Law Debates, 1840-1880 |
153 |
|
Mid-Nineteenth-Century Libertarianism: A Critique |
153 |
|
A New Law of Libel? |
156 |
|
Thomas Cooley and the New Law of Libel |
161 |
|
Defining a Conditional Privilege |
167 |
|
Thomas Cooley and Conditional Privilege: The Michigan Supreme Court Experience |
173 |
|
Beyond Hamiltonianism: Libel Law Debates |
177 |
| 8. |
Legal Science and Hamiltonian Principles: Libel Law, 1880-1920 |
178 |
|
Mr. Justice Cooley Retreats |
178 |
|
Mr. Justice Cooley and the Popular Press |
184 |
|
The Renewed Faith in Legal Restraints |
190 |
|
Reviving the Law of Libel |
197 |
|
Legal Science and Hamiltonian Principles: Libel Law, 1880-1920 |
204 |
| 9. |
Libel Law from World War I to the Cold-War Era |
207 |
|
Twentieth-Century Libel Law: Framing the Issues |
207 |
|
Origins of a National Surveillance State |
208 |
|
Libel Laws Are Not Enough: The Search for New Restraints |
212 |
|
The Law of Libel: Familiar Debates and New Approaches |
219 |
|
The Realities of Libel Litigation |
222 |
|
Living with the Law of Libel |
226 |
|
Libel Law from World War I to the Cold-War Era |
232 |
|
10. The Law of Libel in Troubled Times |
235 |
|
The Supreme Court Confronts Libel Law |
235 |
|
Cold-War Libertarianism |
237 |
|
The Sullivan Case |
243 |
|
Sullivan's Travels |
248 |
|
The Law of Libel in Troubled Times |
255 |
|
Conclusion. An Interpretation of the History of Political Libel Law |
258 |
|
The Basic Themes of Political Libel Law |
258 |
|
A Critical Analysis of Political Libel |
262 |
|
An Interpretation of the History of Political Libel Law |
265 |
|
Abbreviations |
269 |
|
Notes |
273 |
|
Bibliography |
341 |
|
Index |
359 |
Mary Favret He died, and the world showed no outward sign. . . . He died, and his place . . . has never been filled up. Mary Shelley, Preface to The Poetical Works of Percy Bysshe Shelley Any objective method, duly verified, belies the initial contact with the object. It must first scrutinize everything...
Laurie Langbauer
Writing in the first issue of Cultural Studies , the Australian critic Jennifer Craik cites Stuart Hall and Tony Bennett to argue that "the development of cultural studies has seen an uneasy alliance. . . which overlooks the intrinsic incommensurability...
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