David M. Rabban's Books

Free Speech in Its Forgotten Years, 1870-1920

By: David M. Rabban

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Free Speech in Its Forgotten Years, 1870-1920

By: David M. Rabban

Most American historians and legal scholars incorrectly assume that controversies and litigation about free speech began abruptly during World War I. However, there was substantial debate about free speech issues between the Civil War and World War I. Important free speech controversies, often involving the activities of sex reformers and labor unions, preceded the Espionage Act of 1917. Scores of legal cases presented free speech issues to Justices Holmes and Brandeis. A significant organization, the Free Speech League, became a principled defender of free expression two decades before the establishment of the ACLU in 1920. World War I produced a major transformation in American liberalism. Progressives who had viewed constitutional rights as barriers to needed social reforms came to appreciate the value of political dissent during its wartime repression. They subsequently misrepresented the prewar judicial hostility to free speech claims and obscured prior libertarian defenses of free speech based on commitments to individual autonomy.

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426

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Cambridge University Press

Published Date

ISBN 10

0521655374

ISBN 13

9780521655378

Academic Freedom

From Professional Norm to First Amendment Right

By: David M. Rabban

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Academic Freedom

From Professional Norm to First Amendment Right

By: David M. Rabban

“The best kind of scholarship—deeply researched and immensely useful. Wherever you stand on issues of free speech and academic freedom, you will learn from this book.” —Michael Roth, President of Wesleyan University and author of Safe Enough Spaces A definitive interpretation of academic freedom as a First Amendment right, drawing on a comprehensive survey of legal cases. Is academic freedom a First Amendment right? Many think so, yet its relationship to free speech as guaranteed by the Constitution is anything but straightforward. David Rabban examines the extensive case law addressing academic freedom and free speech at American universities, developing a robust theory of academic freedom as a distinctive subset of First Amendment law. In subsuming academic freedom under the First Amendment, Rabban emphasizes the societal value of the contribution to knowledge made by the expert speech of professors, the classic justification for academic freedom in the influential 1915 Declaration of the American Association of University Professors (AAUP). Any indication that professors might be disciplined because people without academic training disagree with their scholarly views would undermine confidence in the integrity of their work and therefore their ability to perform this vital function on behalf of the public. Rabban argues that academic freedom fosters two central First Amendment values recognized by courts in a wide range of contexts: the production and dissemination of knowledge and the contribution of free expression to democratic citizenship. The First Amendment right of academic freedom applies most directly to professors, but it also plausibly extends to the educational decisions of universities and to students’ learning interests. More broadly, this vision of academic freedom can guide in developing additional distinctive First Amendment rights to protect the expert expression of journalists, librarians, museum curators, and other professionals. At a time when academic freedom is under attack from many directions, Academic Freedom proposes a theoretically satisfying and practically useful guide to its meaning as a First Amendment right.

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381

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Harvard University Press

Published Date

ISBN 10

0674297814

ISBN 13

9780674297814

Law's History

American Legal Thought and the Transatlantic Turn to History

By: David M. Rabban

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Law's History

American Legal Thought and the Transatlantic Turn to History

By: David M. Rabban

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

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585

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Cambridge University Press

Published Date

ISBN 10

0521761913

ISBN 13

9780521761918

Free Speech and the Politics of Identity

By: David A. J. Richards

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Free Speech and the Politics of Identity

By: David A. J. Richards

Free Speech and the Politics of Identity challenges the scholarly view as well as the dominant legal view outside the United States that the right of free speech may reasonably be traded off in pursuit of justice to stigmatized minorities. These views appeal to an alleged reasonable balancebetween two basic human rights: the right of free speech and the right against unjust discrimination. Compelling arguments of normative political theory and interpretative history show, however, that these rights are structurally linked: the abridgement of one compromises the other. To make thiscase, David Richards offers an original political theory of toleration and of structural injustice that addresses the nature and scope of the right of free speech and the right against unjust discrimination; its analytic focus is on the role played by members of subordinated groups in the protest ofthe terms of structural injustice (the politics of identity), advancing constitutional justice under law. While the argument is developed on the basis of American constitutional experience from the antebellum period forward, its normative force is brought to bear both in defending and criticizingsome aspects of American law and in challenging the continuing legitimacy of laws against group libel, obscenity, and blasphemy under national legal systems (including Germany, France, Britain, Canada, Israel, India, South Africa, and others), regional systems (the jurisprudence of the EuropeanCourt of Human Rights), and public international law. The book's innovative normative and interpretative methodology calls for a new departure in comparative public law, in which all states responsibly address their common problems not only of inadequate protection of free speech but correlativefailure to take seriously the continuing political power of such evils as anti-Semitism, racism, sexism, and homophobia.

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296

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0198298862

ISBN 13

9780198298861

Law's History

American Legal Thought and the Transatlantic Turn to History

By: David M. Rabban

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Law's History

American Legal Thought and the Transatlantic Turn to History

By: David M. Rabban

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585

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Cambridge University Press

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0521761913

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9780521761918

Rugged Justice

The Ninth Circuit Court of Appeals and the American West, 1891-1941

By: David C. Frederick

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Rugged Justice

The Ninth Circuit Court of Appeals and the American West, 1891-1941

By: David C. Frederick

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1994.

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364

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Univ of California Press

Published Date

ISBN 10

0520322797

ISBN 13

9780520322790

Cases and Materials on Mass Media Law

By: Marc A. Franklin,David A. Anderson

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Cases and Materials on Mass Media Law

By: Marc A. Franklin,David A. Anderson

1. The Tort

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874

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ISBN 10

1566622565

ISBN 13

9781566622561

Heretics in the Temple

Americans Who Reject the Nation's Legal Faith

By: David Ray Papke

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Heretics in the Temple

Americans Who Reject the Nation's Legal Faith

By: David Ray Papke

Americans seem increasingly disenchanted with their legal system. In the wake of several high-profile trials, America's faith in legal authority appears profoundly shaken. And yet, as David Ray Papke shows in this dramatic and erudite tour of American history, many Americans have challenged and often rejected the rule of law since the earliest days of the country's founding. Papke traces the lineage of such legal heretics from nineteenth-century activists William Lloyd Garrison and Elizabeth Cady Stanton, through Eugene Debs, and up to more recent radicals, such as the Black Panther Party, anti-abortionists, and militia members. A tradition of American legal heresy clearly emerges—linked together by a body of shared references, idols, and commitments—that problematizes the American belief in legal neutrality and highlights the historical conflicts between law and justice. Questioning the legal faith both peculiar and essential to American mythology, this alternative tradition is in itself an overlooked feature of American history and culture.

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223

Publisher

NYU Press

Published Date

ISBN 10

0814768849

ISBN 13

9780814768846

Academic Freedom

From Professional Norm to First Amendment Right

By: David M. Rabban

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Academic Freedom

From Professional Norm to First Amendment Right

By: David M. Rabban

David Rabban provides the first comprehensive synthesis of the case law on academic freedom and the First Amendment at American universities. Responding to the judicial decisions and drawing on the justification for academic freedom as a professional norm, he develops a theory of academic freedom as a distinctive First Amendment right.

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381

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Harvard University Press

Published Date

ISBN 10

0674295951

ISBN 13

9780674295957

Book's by David M. Rabban

Free Speech in Its Forgotten Years, 1870-1920

Free Speech in Its Forgotten Years, 1870-1920

Academic Freedom

Academic Freedom

Law's History

Law's History

Free Speech and the Politics of Identity

Free Speech and the Politics of Identity

Law's History

Law's History

Rugged Justice

Rugged Justice

Cases and Materials on Mass Media Law

Cases and Materials on Mass Media Law

Heretics in the Temple

Heretics in the Temple

Academic Freedom

Academic Freedom

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