Repressive Jurisprudence in the Early American Republic: The First Amendment and the Legacy of English Law

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Cambridge University Press, Sep 30, 2010 - Law
This volume seeks to explain how American society, which had been capable of noble aspirations such as those in the Declaration of Independence and the Constitution, was capable of adopting one of the most widely deplored statutes of our history, the Sedition Act of 1798. It examines how the political ideals of the American Revolution were undermined by the adoption of repressive doctrines of the English monarchial system - the criminalization of criticism against the king, the Parliament, the judiciary, and Christianity. Freedom of speech was dramatically confined, and this law remained unchallenged until well into the twentieth century. This book will be of keen interest to all concerned with the early Republic, freedom of speech, and evolution of American constitutional jurisprudence. Because it addresses the much-criticized Sedition Act of 1798, one of the most dramatic illustrations of this repressive jurisprudence, the book will also be of interest to Americans concerned about preserving free speech in wartime.
 

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Contents

Politics in the New Republic
23
Partisan Virulent Speech and the Demonization
36
G Conclusion
50
Federalist Partisan Use of Criminal and Seditious Libel
72
United States v John Daly Burk Editor of the New York Time
80
Protecting National Security
99
United States v Anthony Haswell Editor of the Vermont
107
United States v Thomas Cooper Editor of the Sunsbury
122
Other Jurisdictions
214
E Conclusion
241
Century and Early 19th Century
248
Federal Constitutional Limits of the Contempt Power of State
284
Still Other 19thCentury Doctrines for Suppression
318
Suppression of AntiSlavery Speech
337
AntiSlavery Newspapers
349
g Northern State CommonLaw Prosecution
365

G Three Cases Involving Republican Activists
134
United States v Conrad Fahnestock United States v Benjamin
142
J Conclusion
145
Jefferson and Criminal Libel
184
New York
203
Press to Invalidate the Southern Statutes Suppressing
371
Table of Cases
383
Index
389
Copyright

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About the author (2010)

Phillip Blumberg is Dean and Professor Emeritus at University of Connecticut School of Law. After two decades of law practice on Wall Street and leadership as the CEO of a New York Stock Exchange-listed financial corporation, he turned to legal scholarship. He is the country leading authority on corporate groups and the author of path-breaking books including The Multinational Challenge to Corporation Law and the five-volume treatise Blumberg on Corporate Groups (2nd edition). Six years ago, he became interested in early American jurisprudence; this volume is the result.

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