Liberalism Divided: Freedom of Speech and the Many Uses of State Power

By Owen M. Fiss | Go to book overview

PROLOGUE

Justice Brennan spent the last two decades of his career on the Supreme Court in dissent. Now and then, he was able to salvage some of the Warren Court legacy, but most often, he found himself complaining of the retrenchment on rights by the majority. See A Life Lived Twice, 100 Yale Law Journal1117 ( 1991). Free speech is sometimes portrayed as an area in which there is a consensus, but in truth these same divisions occurred in that domain as well. Although the controlling majority would often cite Justice Brennan's 1964 decision in New York Times v. Sullivan, it soon became clear that they had no taste for the value underlying that decision -- robust public debate.

Justice Brennan retired from the Court in June 1990. One of his very last opinions was a dissent in United States v. Kokinda, in which the majority upheld a decision of the federal government denying political activists access to a public sidewalk. In his passionate and moving dissent, the Justice complained of the change in judicial doctrine that had occurred over the years and compared the prevailing position to that of the early 1960s, when the Court had heroically extended its arm to protect the civil rights demonstrations of the period. The Justice's dissent caught my eye and led me to use a number of the lectures to which I was already committed (at Albany Law School, Suffolk University Law School, and Princeton University) to explore the sad turn in the Court doctrine. To establish a baseline, I reached back to the 1930s, described by Harry Kalven as the period when "speech started to win" (see A Worthy Tradition, page 167), and recovered one of the famed decisions of that era, Schneider v. State. The lecture was published in the Spring 1992 Suffolk University Law Review, and soon thereafter in Public Values in Constitutional Law ( Stephen Gottlieb, ed., 1993).

-48-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Liberalism Divided: Freedom of Speech and the Many Uses of State Power
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Introduction 1
  • 1 - Free Speech And Social Structure 7
  • Prologue 8
  • 2 - Why the State? 31
  • Prologue 32
  • 3 - Silence on The Street Corner 47
  • Prologue 48
  • 4 - Freedom And Feminism 67
  • 5- State Activism And State Censorship 89
  • Prologue 90
  • 6 - The Right Kind Of Neutrality 109
  • Prologue 110
  • 7 - Free Speech And The Prior Restraint Doctrine 121
  • Prologue 122
  • 8 - Building A Free Press 139
  • Prologue 140
  • Notes 159
  • Acknowledgments 181
  • About the Author 183
  • Index 185
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 192

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.