After 1937, business groups couldn't rely on property rights anymore to get laws targeting them struck down. So what do they do? They turn to the First Amendment. And this took a lot of forms. It was about commercial advertising and lobbying. I mean, there were all sorts of aspects to this that I won't get into. But one of them was about anti-union advocacy.
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