Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
The End Of The Cold War: Can American Constitutionalism Survive Victory?, Stephen M. Feldman
The End Of The Cold War: Can American Constitutionalism Survive Victory?, Stephen M. Feldman
Stephen M. Feldman
The nation's Cold War battle against the Soviet Union pervasively influenced American law and society, as numerous scholars have observed. The Cold War, for instance, spurred the strengthening of civil rights and the capitalist economy. The federal government needed to protect civil rights, at least symbolically, to deflect Soviet denunciations of democracy. Meanwhile, the ostentatious exhibition and use of American consumer products contrasted American economic prosperity with Soviet struggles. Thus, during the Cold War, the government and the capitalist leaders were bonded together in a struggle against the communist enemy. The overriding desire for Cold War victory tempered potential political …
Free Speech, World War I, And Republican Democracy: The Internal And External Holmes, Stephen M. Feldman
Free Speech, World War I, And Republican Democracy: The Internal And External Holmes, Stephen M. Feldman
Stephen M. Feldman
Justice Oliver Wendell Holmes, Jr., wrote the seminal free-expression opinions in a series of cases arising during the World War I era. Holmes wrote three majority opinions upholding convictions for expression proscribed under the Espionage Act and its amendments. Then he wrote his famous Abrams v. United States dissent, arguing that the first amendment protected the defendants’ writings. Despite the consensus about the importance of these cases, scholars have disagreed about Holmes’s votes and opinions. Did his Abrams dissent manifest a changed attitude toward the first amendment, or had Holmes always been a principled defender of free expression‘ Why did …