World War I, given all the rousing “Over-There” songs and in-the-trenches films it inspired, was, at its outset, surprisingly unpopular with the American public. As opposition increased, Woodrow Wilson’s presidential administration became intent on stifling antiwar dissent. Wilson effectively silenced the National Civil Liberties Bureau, forerunner of the American Civil Liberties Union. Presidential candidate Eugene Debs was jailed, and Deb’s Socialist Party became a prime target of surveillance operations, both covert and overt. Drastic as these measures were, more draconian measures were to come. In his absorbing new book, Free Speech and the Suppression of Dissent During World War I, Eric Chester reveals that out of this turmoil came a heated public discussion on the theory of civil liberties – the basic freedoms that are, theoretically, untouchable by any of the three branches of the U.S. government. The famous “clear and present danger” argument of Supreme Court Justice Oliver Wendell Holmes, and the “balance of conflicting interest” theory of law professor Zechariah Chafee, for example, evolved to provide a rationale for courts to act as a limited restraint on autocratic actions of the government. But Chester goes further, to examine an alternative theory: civil liberties exist as absolute rights, rather than being dependent on the specific circumstances of each case. Over the years, the debate about the right to dissent has intensified and become more necessary. This fascinating book explains why, a century after the First World War – and in the era of Trump – we need to know about this.

In this first comprehensive overview of the intersection of immigration law and the First Amendment, a lawyer and historian traces ideological exclusion and deportation in the United States from the Alien Friends Act of 1798 to the evolving policies of the Trump administration. Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations—although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America’s self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent—the first social, political, and legal history of ideological exclusion and deportation in the United States—Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved. We follow the cases of immigrants and foreign-born visitors, including activists, scholars, and artists such as Emma Goldman, Ernest Mandel, Carlos Fuentes, Charlie Chaplin, and John Lennon. Kraut also highlights lawyers, including Clarence Darrow and Carol Weiss King, as well as organizations, like the ACLU and PEN America, who challenged the constitutionality of ideological exclusions and deportations under the First Amendment. The Supreme Court, however, frequently interpreted restrictions under immigration law and upheld the government’s authority. By reminding us of the legal vulnerability foreigners face on the basis of their beliefs, expressions, and associations, Kraut calls our attention to the ways that ideological exclusion and deportation reflect fears of subversion and serve as tools of political repression in the United States.

Modern ideas about the protection of free speech in the United States did not originate in twentieth-century Supreme Court cases, as many have thought. Free Speech, “The People’s Darling Privilege” refutes this misconception by examining popular struggles for free speech that stretch back through American history. Michael Kent Curtis focuses on struggles in which ordinary and extraordinary people, men and women, black and white, demanded and fought for freedom of speech during the period from 1791—when the Bill of Rights and its First Amendment bound only the federal government to protect free expression—to 1868, when the Fourteenth Amendment sought to extend this mandate to the states. A review chapter is also included to bring the story up to date. Curtis analyzes three crucial political struggles: the controversy that surrounded the 1798 Sedition Act, which raised the question of whether criticism of elected officials would be protected speech; the battle against slavery, which raised the question of whether Americans would be free to criticize a great moral, social, and political evil; and the controversy over anti-war speech during the Civil War. Many speech issues raised by these controversies were ultimately decided outside the judicial arena—in Congress, in state legislatures, and, perhaps most importantly, in public discussion and debate. Curtis maintains that modern proposals for changing free speech doctrine can usefully be examined in the light of this often ignored history. This broader history shows the crucial effect that politicians, activists, ordinary citizens—and later the courts—have had on the American understanding of free speech. Filling a gap in legal history, this enlightening, richly researched historical investigation will be valuable for students and scholars of law, U.S. history, and political science, as well as for general readers interested in civil liberties and free speech.

Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.

This work covers the development of freedom of speech from Athens, through Rome, to England and the United States. It contains an up-to-date treatment of defamation and privacy, obscenity, commercial speech, prior retraint, free press/fair trial, copyright and broadcasting, and media access.

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Terrorism defined -- Why terrorism? -- The new terrorism model -- Religion -- Weapons of mass destruction -- The threat of other forms of terrorism -- The challenges of terrorism -- Strategies and approaches to combating terrorism -- Organizing to fight terrorism.