How Sex Became a Civil Liberty

Author: Leigh Ann Wheeler

Publisher: Oxford University Press

ISBN: 0190206527

Category: History

Page: 327

View: 1992

The American Civil Liberties Union has stood at the center of sexual revolutions that have transformed our culture, using the Constitution to create an expansive body of sexual rights that helped lay the old order to rest. How Sex Became a Civil Liberty is the first book to show how ACLU leaders and attorneys forged legal principles that advanced the sexual revolution.

How Sex Became a Civil Liberty

Author: Leigh Ann Wheeler

Publisher: Oxford University Press

ISBN: 0199987084

Category: History

Page: 352

View: 5394

How Sex Became a Civil Liberty is the first book to show how and why we have come to see sexual expression, sexual practice, and sexual privacy as fundamental rights. Using rich archival sources and oral interviews, historian Leigh Ann Wheeler shows how the private lives of women and men in the American Civil Liberties Union shaped their understanding of sexual rights as they built the constitutional foundation for the twentieth-century's sexual revolutions. Wheeler introduces readers to a number of fascinating figures, including ACLU founders Crystal Eastman and Roger Baldwin; nudists, victims of involuntary sterilization, and others who appealed to the organization for help; as well as attorneys like Dorothy Kenyon, Harriet Pilpel, and Melvin Wulf, who pushed the ACLU to tackle such controversial issues as abortion and homosexuality. It demonstrates how their work with the American Birth Control League, Planned Parenthood Federation, Kinsey Institute, Playboy magazine, and other organizations influenced the ACLU's agenda. Wheeler explores the ACLU's prominent role in nearly every major court decision related to sexuality while examining how the ACLU also promoted its agenda through grassroots activism, political action, and public education. She shows how the ACLU helped to collapse distinctions between public and private in ways that privileged access to sexual expression over protection from it. Thanks largely to the organization's work, abortion and birth control are legal, coerced sterilization is rare, sexually explicit material is readily available, and gay rights are becoming a reality. But this book does not simply applaud the creation of a sex-saturated culture and the arming of citizens with sexual rights; it shows how hard-won rights for some often impinged upon freedoms held dear by others.

How Sex Became a Civil Liberty

Author: Leigh Ann Wheeler

Publisher: OUP USA

ISBN: 0199754233

Category: History

Page: 352

View: 8210

How Sex Became a Civil Liberty shows how we came to see sexual expression, sexual practice, and sexual privacy as fundamental rights enshrined in the Constitution, thanks to the work of ACLU leaders and attorneys who forged legal principles that advanced the sexual revolution.

A History of the Supreme Court

Author: Bernard Schwartz

Publisher: Oxford University Press

ISBN: 9780195093872

Category: History

Page: 465

View: 674

A comprehensive history of the United States Supreme Court from its ill-esteemed beginning in 1790 to one of the most important and controversial branches of the Federal government.

Policing Sexuality

The Mann Act and the Making of the FBI

Author: Jessica R. Pliley

Publisher: Harvard University Press

ISBN: 0674368118

Category: History

Page: 293

View: 3414

Jessica Pliley links the crusade against sex trafficking to the FBI’s growth into a formidable law agency that cooperated with states and municipalities in pursuit of offenders. The Bureau intervened in squabbles on behalf of men intent on monitoring their wives and daughters and imprisoned prostitutes while seldom prosecuting their male clients.

The New Politics of Sex

The Sexual Revolution, Civil Liberties, and the Growth of Governmental Power

Author: Stephen Baskerville

Publisher: N.A

ISBN: 9781621382874

Category: Social Science

Page: 406

View: 8737

Stephen Baskerville's new work is essential to understanding the impact of the ideology of sex not only on the family and other social institutions, but also on government, the criminal justice system, and the global political environment. He goes behind slogans of left and right to examine the trends that media and scholars frequently ignore.

Engines of Liberty

The Power of Citizen Activists to Make Constitutional Law

Author: David Cole

Publisher: N.A

ISBN: 0465060900

Category: Political Science

Page: 320

View: 1842


Perilous Times

Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism

Author: Geoffrey R. Stone,Professor of Law Geoffrey R Stone

Publisher: W. W. Norton & Company

ISBN: 9780393058802

Category: History

Page: 730

View: 7511

An investigation into how free speech and other civil liberties have been compromised in America by war in six historical periods describes how presidents, Supreme Court justices, and resistors contributed to the administration of civil freedoms, in an account complemented by rare photographs, posters, and historical illustrations. 20,000 first printing.

John Wilkes

The Scandalous Father of Civil Liberty

Author: Arthur Cash

Publisher: Yale University Press

ISBN: 9780300133097

Category: Biography & Autobiography

Page: 496

View: 8786

One of the most colorful figures in English political history, John Wilkes (1726–97) is remembered as the father of the British free press, defender of civil and political liberties, and hero to American colonists, who attended closely to his outspoken endorsements of liberty. Wilkes’s political career was rancorous, involving duels, imprisonments in the Tower of London, and the Massacre of St. George’s Fields in which seven of his supporters were shot to death by government troops. He was equally famous for his “private” life—a confessed libertine, a member of the notorious Hellfire Club, and the author of what has been called the dirtiest poem in the English language. This lively biography draws a full portrait of John Wilkes from his childhood days through his heyday as a journalist and agitator, his defiance of government prosecutions for libel and obscenity, his fight against exclusion from Parliament, and his service as lord mayor of London on the eve of the American Revolution. Told here with the force and immediacy of a firsthand newspaper account, Wilkes’s own remarkable story is inseparable from the larger story of modern civil liberties and how they came to fruition.

The Anthropology of Law

Author: Fernanda Pirie

Publisher: Oxford University Press

ISBN: 0199696845

Category: Law

Page: 268

View: 9817

Questions about the nature of law, its relationship with custom, and the distinctive form of legal rules, categories, and reasoning, are placed at the centre of this introduction to the anthropology of law. It brings empirical scholarship within the scope of legal philosophy, while suggesting new avenues of inquiry for the anthropologist. Going beyond the functional and instrumental aspects of law that underlie traditional ethnographic studies of order and conflict resolution, The Anthropology of Law considers contemporary debates on human rights and new forms of property, but also delves into the rich corpus of texts and codes studied by legal historians, classicists, and orientalist scholars. Studies of the great legal systems of ancient China, India, and the Islamic world, unjustly neglected by anthropologists, are examined alongside forms of law created on their peripheries. The coutumes of medieval Europe, the codes drawn up by tribal groups in Tibet and the Yemen, village laws on both sides of the Mediterranean, and the intricate codes of saga in Iceland provide rich empirical detail for the author's analysis of the cross-cultural importance of the form of law, as text or rule, and the relative marginality of its functions as an instrument of government or foundation of social order. Carefully-selected examples shed new light upon the interrelations and distinctions between law, custom, and justice. Gradually an argument unfolds concerning the tensions between legalistic thought and argument, and the ideological or aspirational claims to embody justice, morality, and religious truth which lie at the heart of what we think of as law.

On Liberty

Author: Shami Chakrabarti

Publisher: Penguin UK

ISBN: 1846148103

Category: Political Science

Page: 224

View: 7878

On 11 September 2001, our world changed. The West's response to 9/11 has morphed into a period of exception. Governments have decided that the rule of law and human rights are often too costly. In On Liberty, Shami Chakrabarti - who joined Liberty, the UK's leading civil rights organization, on 10 September 2001 - explores why our fundamental rights and freedoms are indispensable. She shows, too, the unprecedented pressures those rights are under today. Drawing on her own work in high-profile campaigns, from privacy laws to anti-terror legislation, Chakrabarti shows the threats to our democratic institutions and why our rights are paramount in upholding democracy.

When Abortion Was a Crime

Women, Medicine, and Law in the United States, 1867-1973

Author: Leslie J. Reagan

Publisher: Univ of California Press

ISBN: 0520216571

Category: Medical

Page: 400

View: 9748

A collection of stories of women who survived abortions and those who did not, based on narratives from involved parties as well as court records, police reports, medical literature, and coroners' reports

Free Speech in Its Forgotten Years, 1870-1920

Author: David M. Rabban

Publisher: Cambridge University Press

ISBN: 9780521655378

Category: History

Page: 422

View: 1655

Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, this text reveals that important free speech controversies and legal cases, often involving sex reformers and labor unions, preceded the Espionage Act of 1917.

Abortion after Roe

Abortion after Legalization

Author: Johanna Schoen

Publisher: UNC Press Books

ISBN: 1469621193

Category: Social Science

Page: 352

View: 8080

Abortion is--and always has been--an arena for contesting power relations between women and men. When in 1973 the Supreme Court made the procedure legal throughout the United States, it seemed that women were at last able to make decisions about their own bodies. In the four decades that followed, however, abortion became ever more politicized and stigmatized. Abortion after Roe chronicles and analyzes what the new legal status and changing political environment have meant for abortion providers and their patients. Johanna Schoen sheds light on the little-studied experience of performing and receiving abortion care from the 1970s--a period of optimism--to the rise of the antiabortion movement and the escalation of antiabortion tactics in the 1980s to the 1990s and beyond, when violent attacks on clinics and abortion providers led to a new articulation of abortion care as moral work. As Schoen demonstrates, more than four decades after the legalization of abortion, the abortion provider community has powerfully asserted that abortion care is a moral good.

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century

Author: Geoffrey R. Stone

Publisher: Liveright Publishing

ISBN: 1631493655

Category: Law

Page: 704

View: 3202

There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

We the Corporations: How American Businesses Won Their Civil Rights

Author: Adam Winkler

Publisher: Liveright Publishing

ISBN: 0871403846

Category: Law

Page: 384

View: 8345

We the Corporations chronicles the revelatory story of one of the most successful, yet least known, “civil rights movements” in American history. We the Corporations chronicles the astonishing story of one of the most successful yet least well-known “civil rights movements” in American history. Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people. Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since, corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights. Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses. Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement. In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.

Priests of Our Democracy

The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Author: Marjorie Heins

Publisher: NYU Press

ISBN: 0814790518

Category: Law

Page: 384

View: 9250

In the early 1950s, New York City’s teachers and professors became the targets of massive investigations into their political beliefs and associations. Those who refused to cooperate in the questioning were fired. Some had undoubtedly been communists, and the Communist Party-USA certainly made its share of mistakes, but there was never evidence that the accused teachers had abused their trust. Some were among the most brilliant, popular, and dedicated educators in the city. Priests of Our Democracy tells of the teachers and professors who resisted the witch hunt, those who collaborated, and those whose battles led to landmark Supreme Court decisions. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to every American.

All in the Family

The Realignment of American Democracy Since the 1960s

Author: Robert O. Self

Publisher: Hill and Wang

ISBN: 1429955562

Category: Political Science

Page: 528

View: 823

In the 1960s, Lyndon Johnson's Great Society and War on Poverty promised an array of federal programs to assist working-class families. In the 1980s, Ronald Reagan declared the GOP the party of "family values" and promised to keep government out of Americans' lives. Again and again, historians have sought to explain the nation's profound political realignment from the 1960s to the 2000s, five decades that witnessed the fracturing of liberalism and the rise of the conservative right. The award-winning historian Robert O. Self is the first to argue that the separate threads of that realignment—from civil rights to women's rights, from the antiwar movement to Nixon's "silent majority," from the abortion wars to gay marriage, from the welfare state to neoliberal economic policies—all ran through the politicized American family. Based on an astonishing range of sources, All in the Family rethinks an entire era. Self opens his narrative with the Great Society and its assumption of a white, patriotic, heterosexual man at the head of each family. Soon enough, civil rights activists, feminists, and gay rights activists, animated by broader visions of citizenship, began to fight for equal rights, protections, and opportunities. Led by Pauli Murray, Gloria Steinem, Harvey Milk, and Shirley Chisholm, among many others, they achieved lasting successes, including Roe v. Wade, antidiscrimination protections in the workplace, and a more inclusive idea of the American family. Yet the establishment of new rights and the visibility of alternative families provoked, beginning in the 1970s, a furious conservative backlash. Politicians and activists on the right, most notably George Wallace, Phyllis Schlafly, Anita Bryant, and Jerry Falwell, built a political movement based on the perceived moral threat to the traditional family. Self writes that "family values" conservatives in fact "paved the way" for fiscal conservatives, who shared a belief in liberalism's invasiveness but lacked a populist message. Reagan's presidency united the two constituencies, which remain, even in these tumultuous times, the base of the Republican Party. All in the Family, an erudite, passionate, and persuasive explanation of our current political situation and how we arrived in it, will allow us to think anew about the last fifty years of American politics.

Eisenhower vs. Warren: The Battle for Civil Rights and Liberties

Author: James F. Simon

Publisher: Liveright Publishing

ISBN: 0871407663

Category: History

Page: 464

View: 5043

The epic 1950s battle that would shape the legal future of the civil rights movement is chronicled here for the first time. The bitter feud between President Dwight D. Eisenhower and Chief Justice Earl Warren framed the tumultuous future of the modern civil rights movement. Eisenhower was a gradualist who wanted to coax white Americans in the South into eventually accepting integration, while Warren, author of the Supreme Court’s historic unanimous opinion in Brown v. Board of Education, demanded immediate action to dismantle the segregation of the public school system. In Eisenhower vs. Warren, two-time New York Times Notable Book author James F. Simon examines the years of strife between them that led Eisenhower to say that his biggest mistake as president was appointing that “dumb son of a bitch Earl Warren.” This momentous, poisonous relationship is presented here at last in one volume. Compellingly written, Eisenhower vs. Warren brings to vivid life the clash that continues to reverberate in political and constitutional debates today.

Impeachment

A Citizen's Guide

Author: Cass R. Sunstein

Publisher: Harvard University Press

ISBN: 0674984196

Category: Law

Page: 112

View: 8594

“Sunstein has written the story of impeachment every citizen needs to know. This is a remarkable, essential book.” — Doris Kearns Goodwin As Benjamin Franklin famously put it, Americans have a republic, if we can keep it. Preserving the Constitution and the democratic system it supports is the public’s responsibility. One route the Constitution provides for discharging that duty—a route rarely traveled—is impeachment. Cass R. Sunstein provides a succinct citizen’s guide to an essential tool of self-government. He illuminates the constitutional design behind impeachment and emphasizes the people’s role in holding presidents accountable. Despite intense interest in the subject, impeachment is widely misunderstood. Sunstein identifies and corrects a number of misconceptions. For example, he shows that the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the “high crimes and misdemeanors” delineated in the republic’s foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers’ controversial decision to install an empowered executive in a nation deeply fearful of kings. With an eye toward the past and the future, Impeachment: A Citizen’s Guide considers a host of actual and imaginable arguments for a president’s removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.