Freedom of Expression in the Supreme Court: The Defining Cases

Book Overview

In Freedom of Expression in the Supreme Court, Terry Eastland brings together the Court's leading First Amendment cases, some 60 in all, starting with Schenck v. United States (1919) and ending with Reno v. American Civil Liberties Union (1998). Complete with a comprehensive introduction, pertinent indices and a useful bibliography, Freedom of Expression in the Supreme Court offers the general and specialized reader alike a thorough treatment of the...

• Format: Hardcover
• Language: English
• ISBN: 084769710X
• ISBN13: 9780847697106
• Release Date: January 2002
• Publisher: Rowman & Littlefield Publishers
• Length: 397 Pages
• Weight: 2.31 lbs.
• Dimensions: 1.5" x 7.3" x 10.3"

Customer Reviews

A Good Review of the Current Status of Individual Liberties

Terry Eastland did a good job of editing the book titled FREEDOM OF EXPRESSION IN THE SUPREME COURT. Prior to the 20th century, civil liberties were not emphasized in federal courts including the United States Supreme Court. Most cases that dealt with freedom of expression were heard in state courts and did not get the national attention that such cases have received during the 20th century. Eastland gives the reader a brief but informative introduction on the development and ratification of the Bill of Rights (December 15, 1791). An interesting comment is Eastland's citing of James Madison's attempt to insert legal rights (due process) and rights of expression in Article I, Sections 9 and 10 of the body of the U.S. Constitution. These clauses were never inserted in the Constitution for no clear reason. This reviewer argues that the assumption may have been due to the assumption that state constitutions already had a bills of rights. This may also be the reason that the Bill of Rights only applied to restrictions of the U.S. Government. Eastland then gives a concise background regarding oppressive federal and state laws that were inflicted on American citizens during and after World War I. Eastland informs readers of the some early U.S. Supreme Court cases title Schenck vs. the U.S.(1919) and Abrams vs the U.S. (1919)which upheld federal law that was passed in 1917 and 1918. These two decisions were not the end of the matter. The Supreme Court justices heard appeals regarding opressive state laws. Eastland should have included the Supreme Court case titled Meyer vs. the State of Nebraska (1923)and Pierce vs. the Society of Sisters of the Holy Names of Jesus and Mary (1925). These cases involved freedom of religion and rights of parents and which are part of fundamental individual rights. However, the cases that Eastland does cite are well researched and informative. Eastland gives the historical background to these cases, and this gives the reader a more accurate view of these cases. One case that should be noted is titled Gitlow vs. New York (1925) whereby Gitlow was convicted of violating a New York law which criminalized writing of Sydicalist and Communist literature. Even Gitlow lost his appeal, Eastland explains why this case was important to civil libertarians. Chief Justice Sanford stated in his majority opinion that The Bill of Rights apply to the states via the first paragraph of the Fourteenth Amendment. This was the first time in the history of the United States Supreme Court that the justices recognized that the first paragraph of the Fourteenth Amendment applied the Bill of Rights to the states. In other words, civil libertarians could more effectively challenge unreasonable, oppresessive state laws with this decision. As readers may know, this became the Incorportaion Doctrine. Another, important case cited in Eastland's book is titled the West Virginia State Board of Education vs. Barnette (1943). This case