In the 1930s, New Dealers launched a frontal assault on the federal courts. To deflect such measures, conservatives appropriated ACLU's sporadic legal victories as evidence of benefits of judicial review. Even as the ACLU laid the groundwork for this huge advance in labor rights, they also quote, ironically helped preserve liberal legalism at the very time it proved most vulnerable.
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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Abolishing State Violence: A World Beyond Bombs, Borders, and Cages by Ray Acheson haymarketbooks.org/books/1883-abolishing-state-violence