The Great Dissent

The Great Dissent

Author: Thomas Healy

Publisher: Macmillan + ORM

Published: 2013-08-20

Total Pages: 345

ISBN-13: 1429949090

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A gripping intellectual history reveals how Oliver Wendell Holmes became a free-speech advocate and established the modern understanding of the First Amendment No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Constitutional Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation. A Kirkus Reviews Best Nonfiction Book of 2013


Book Synopsis The Great Dissent by : Thomas Healy

Download or read book The Great Dissent written by Thomas Healy and published by Macmillan + ORM. This book was released on 2013-08-20 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: A gripping intellectual history reveals how Oliver Wendell Holmes became a free-speech advocate and established the modern understanding of the First Amendment No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Constitutional Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation. A Kirkus Reviews Best Nonfiction Book of 2013


Great Australian Dissents

Great Australian Dissents

Author: Andrew Lynch

Publisher: Cambridge University Press

Published: 2016-09-08

Total Pages: 393

ISBN-13: 1107158532

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This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.


Book Synopsis Great Australian Dissents by : Andrew Lynch

Download or read book Great Australian Dissents written by Andrew Lynch and published by Cambridge University Press. This book was released on 2016-09-08 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies, analyses and celebrates the significant and influential dissenting judicial opinions in Australian legal history.


I Dissent

I Dissent

Author: Mark Tushnet

Publisher: Beacon Press

Published: 2008-06-01

Total Pages: 260

ISBN-13: 9780807000366

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For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.


Book Synopsis I Dissent by : Mark Tushnet

Download or read book I Dissent written by Mark Tushnet and published by Beacon Press. This book was released on 2008-06-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, a collection of dissents from the most famous Supreme Court cases If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.


Why Societies Need Dissent

Why Societies Need Dissent

Author: Cass R. Sunstein

Publisher: Harvard University Press

Published: 2005-04-30

Total Pages: 262

ISBN-13: 9780674017689

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Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense.


Book Synopsis Why Societies Need Dissent by : Cass R. Sunstein

Download or read book Why Societies Need Dissent written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2005-04-30 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense.


Dissent

Dissent

Author: Ralph Young

Publisher: NYU Press

Published: 2015-04-24

Total Pages: 698

ISBN-13: 1479814520

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Finalist, 2016 Ralph Waldo Emerson Award One of Bustle's Books For Your Civil Disobedience Reading List Examines the key role dissent has played in shaping the United States, emphasizing the way Americans responded to injustices Dissent: The History of an American Idea examines the key role dissent has played in shaping the United States. It focuses on those who, from colonial days to the present, dissented against the ruling paradigm of their time: from the Puritan Anne Hutchinson and Native American chief Powhatan in the seventeenth century, to the Occupy and Tea Party movements in the twenty-first century. The emphasis is on the way Americans, celebrated figures and anonymous ordinary citizens, responded to what they saw as the injustices that prevented them from fully experiencing their vision of America. At its founding the United States committed itself to lofty ideals. When the promise of those ideals was not fully realized by all Americans, many protested and demanded that the United States live up to its promise. Women fought for equal rights; abolitionists sought to destroy slavery; workers organized unions; Indians resisted white encroachment on their land; radicals angrily demanded an end to the dominance of the moneyed interests; civil rights protestors marched to end segregation; antiwar activists took to the streets to protest the nation’s wars; and reactionaries, conservatives, and traditionalists in each decade struggled to turn back the clock to a simpler, more secure time. Some dissenters are celebrated heroes of American history, while others are ordinary people: frequently overlooked, but whose stories show that change is often accomplished through grassroots activism. The United States is a nation founded on the promise and power of dissent. In this stunningly comprehensive volume, Ralph Young shows us its history.


Book Synopsis Dissent by : Ralph Young

Download or read book Dissent written by Ralph Young and published by NYU Press. This book was released on 2015-04-24 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finalist, 2016 Ralph Waldo Emerson Award One of Bustle's Books For Your Civil Disobedience Reading List Examines the key role dissent has played in shaping the United States, emphasizing the way Americans responded to injustices Dissent: The History of an American Idea examines the key role dissent has played in shaping the United States. It focuses on those who, from colonial days to the present, dissented against the ruling paradigm of their time: from the Puritan Anne Hutchinson and Native American chief Powhatan in the seventeenth century, to the Occupy and Tea Party movements in the twenty-first century. The emphasis is on the way Americans, celebrated figures and anonymous ordinary citizens, responded to what they saw as the injustices that prevented them from fully experiencing their vision of America. At its founding the United States committed itself to lofty ideals. When the promise of those ideals was not fully realized by all Americans, many protested and demanded that the United States live up to its promise. Women fought for equal rights; abolitionists sought to destroy slavery; workers organized unions; Indians resisted white encroachment on their land; radicals angrily demanded an end to the dominance of the moneyed interests; civil rights protestors marched to end segregation; antiwar activists took to the streets to protest the nation’s wars; and reactionaries, conservatives, and traditionalists in each decade struggled to turn back the clock to a simpler, more secure time. Some dissenters are celebrated heroes of American history, while others are ordinary people: frequently overlooked, but whose stories show that change is often accomplished through grassroots activism. The United States is a nation founded on the promise and power of dissent. In this stunningly comprehensive volume, Ralph Young shows us its history.


Dissent and the Supreme Court

Dissent and the Supreme Court

Author: Melvin I. Urofsky

Publisher: Vintage

Published: 2015-10-13

Total Pages: 544

ISBN-13: 110187063X

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In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.


Book Synopsis Dissent and the Supreme Court by : Melvin I. Urofsky

Download or read book Dissent and the Supreme Court written by Melvin I. Urofsky and published by Vintage. This book was released on 2015-10-13 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.


Democracy’s Prisoner

Democracy’s Prisoner

Author: Ernest Freeberg

Publisher: Harvard University Press

Published: 2010-10-15

Total Pages: 335

ISBN-13: 0674263618

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In 1920, socialist leader Eugene V. Debs ran for president while serving a ten-year jail term for speaking against America’s role in World War I. Though many called Debs a traitor, others praised him as a prisoner of conscience, a martyr to the cause of free speech. Nearly a million Americans agreed, voting for a man whom the government had branded an enemy to his country. In a beautifully crafted narrative, Ernest Freeberg shows that the campaign to send Debs from an Atlanta jailhouse to the White House was part of a wider national debate over the right to free speech in wartime. Debs was one of thousands of Americans arrested for speaking his mind during the war, while government censors were silencing dozens of newspapers and magazines. When peace was restored, however, a nationwide protest was unleashed against the government’s repression, demanding amnesty for Debs and his fellow political prisoners. Led by a coalition of the country’s most important intellectuals, writers, and labor leaders, this protest not only liberated Debs, but also launched the American Civil Liberties Union and changed the course of free speech in wartime. The Debs case illuminates our own struggle to define the boundaries of permissible dissent as we continue to balance the right of free speech with the demands of national security. In this memorable story of democracy on trial, Freeberg excavates an extraordinary episode in the history of one of America’s most prized ideals.


Book Synopsis Democracy’s Prisoner by : Ernest Freeberg

Download or read book Democracy’s Prisoner written by Ernest Freeberg and published by Harvard University Press. This book was released on 2010-10-15 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1920, socialist leader Eugene V. Debs ran for president while serving a ten-year jail term for speaking against America’s role in World War I. Though many called Debs a traitor, others praised him as a prisoner of conscience, a martyr to the cause of free speech. Nearly a million Americans agreed, voting for a man whom the government had branded an enemy to his country. In a beautifully crafted narrative, Ernest Freeberg shows that the campaign to send Debs from an Atlanta jailhouse to the White House was part of a wider national debate over the right to free speech in wartime. Debs was one of thousands of Americans arrested for speaking his mind during the war, while government censors were silencing dozens of newspapers and magazines. When peace was restored, however, a nationwide protest was unleashed against the government’s repression, demanding amnesty for Debs and his fellow political prisoners. Led by a coalition of the country’s most important intellectuals, writers, and labor leaders, this protest not only liberated Debs, but also launched the American Civil Liberties Union and changed the course of free speech in wartime. The Debs case illuminates our own struggle to define the boundaries of permissible dissent as we continue to balance the right of free speech with the demands of national security. In this memorable story of democracy on trial, Freeberg excavates an extraordinary episode in the history of one of America’s most prized ideals.


Courage to Dissent

Courage to Dissent

Author: Tomiko Brown-Nagin

Publisher: Oxford University Press

Published: 2012

Total Pages: 603

ISBN-13: 0199932018

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Offers a sweeping history of the civil rights movement in Atlanta from the end of World War II to 1980, arguing the motivations of the movement were much more complicated than simply a desire for integration.


Book Synopsis Courage to Dissent by : Tomiko Brown-Nagin

Download or read book Courage to Dissent written by Tomiko Brown-Nagin and published by Oxford University Press. This book was released on 2012 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a sweeping history of the civil rights movement in Atlanta from the end of World War II to 1980, arguing the motivations of the movement were much more complicated than simply a desire for integration.


I Dissent

I Dissent

Author: Debbie Levy

Publisher: Simon and Schuster

Published: 2016-09-20

Total Pages: 42

ISBN-13: 1481465600

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Get to know celebrated Supreme Court justice Ruth Bader Ginsburg—in the first picture book about her life—as she proves that disagreeing does not make you disagreeable! Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing: disagreeing with inequality, arguing against unfair treatment, and standing up for what’s right for people everywhere. This biographical picture book about the Notorious RBG, tells the justice’s story through the lens of her many famous dissents, or disagreements.


Book Synopsis I Dissent by : Debbie Levy

Download or read book I Dissent written by Debbie Levy and published by Simon and Schuster. This book was released on 2016-09-20 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Get to know celebrated Supreme Court justice Ruth Bader Ginsburg—in the first picture book about her life—as she proves that disagreeing does not make you disagreeable! Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing: disagreeing with inequality, arguing against unfair treatment, and standing up for what’s right for people everywhere. This biographical picture book about the Notorious RBG, tells the justice’s story through the lens of her many famous dissents, or disagreements.


The Great Dissenter

The Great Dissenter

Author: Peter S. Canellos

Publisher: Simon and Schuster

Published: 2022-06-28

Total Pages: 624

ISBN-13: 1501188216

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The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --


Book Synopsis The Great Dissenter by : Peter S. Canellos

Download or read book The Great Dissenter written by Peter S. Canellos and published by Simon and Schuster. This book was released on 2022-06-28 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --