Overview

This book demonstrates that neither the current liberal nor conservative position on the McCarthy era provides the basis for an appropriate normative perspective. Adding the perspective of the theory of free expression, it becomes apparent that both sides have ignored a vitally important point. While recently declassified documents demonstrate widespread participation by American Communists in conducting or facilitating espionage, much of the negative treatment received by American Communists had little or nothing to do with such activity. From the perspective of the First Amendment right of free speech, there exists a significant difference between speech that advocates conduct, on the one hand, and speech that itself is part of a nonspeech criminal act, such as espionage, on the other. By helping to separate protected speech from unprotected ""speech-acts,"" First Amendment theory can do much to distinguish between the legitimate governmental responses to American Communism and those that contravened basic notions of communicative freedom protected by the Constitution. At the same time, by focusing the First Amendment inquiry on the McCarthy era, one should be able to glean insights about the broader implications of free speech protection.

Full Product Details

9780804755931

Table of Contents

Reviews

The Logic of Persecution is a well-crafted and consistently engrossing attempt to reconfigure our understanding of 'McCarthy era' constitutional history. - Law and Politics Book Review The Logic of Persecution is an extremely important work of First Amendment theory.... [It] is also a valuable contribution to the historiography of the so-called McCarthy era, adding important insights to the historical debate over the period's Communism and anti-Communism.... [This book] will undoubtedly be the starting point for those looking for a scholarly legal perspective on such issues. - Jonathan Bernstein, George Mason Law School

Author Information

Martin H. Redish is Louis and Harriet Ancel Professor of Law and Public Policy at the Northwestern University School of Law.

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