During this period, there was emerging a new defense of free speech. People like John Dewey and Zechariah Chafee were starting to get nervous about the degree of repression they were seeing. They said we should protect their right to protest those laws to ensure that they have legitimacy. It's the very sort of thing that progressives opposed about the judiciary stepping into decisions made by the democratic state.
Featuring Laura Weinrib on The Taming of Free Speech: America’s Civil Liberties Compromise. Did you know that the ACLU was founded as a radical labor organization allied with the IWW? Weinrib traces the rise of the modern civil liberties movement, and modern constitutional liberalism more broadly, from World War I through the New Deal. She explains how the ACLU went from defending free speech as a means to revolutionary ends to a liberal position exalting free speech as an end unto itself—including the anti-union speech of bosses and the political speech of corporations.
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Atomic Days: The Untold Story of the Most Toxic Place in America by Joshua Frank haymarketbooks.org/books/1940-atomic-days
Abolishing State Violence: A World Beyond Bombs, Borders, and Cages by Ray Acheson haymarketbooks.org/books/1883-abolishing-state-violence