The Free Press Crisis of 1800


Book Description

The far-reaching Sedition Act of 1798 was introduced by Federalists to suppress Republican support of French revolutionaries and imposed fines and imprisonment "if any person shall write, print, utter or publish . . . scandalous and malicious writing or writings against the government of the United States." Such a broadly and loosely defined offense challenged the freedom of the American press and gave the government the power to drag offending newspaper editors into court. The trial of Thomas Cooper in particular became an important showcase for debating the dangers and limits of the new law, one with great implications for both the new republic and federal constitutional law. Cooper's trial has now been rescued from long neglect and illuminated by Peter Charles Hoffer, one our nation's preeminent legal historians. While most modern students of the Sedition Act regard it as an extreme measure motivated by partisan malice, Hoffer offers a much more nuanced view that weighs all the arguments and fairly considers the position of each side in historical and legal context. Hoffer sets the stage by revisiting both the much better known 1735 trial of Peter Zenger and the subsequent fashioning of the First Amendment during the first meeting of the U.S. Congress.. He then describes the rise of political factions in the early republic, congressional debate over the Sedition Act, and Thomas Jefferson's and James Madison's Kentucky and Virginia Resolves. After a close reading of Cooper's allegedly seditious writings, Hoffer brings the trial record to life, capturing prosecution and defense strategies, including Cooper's attempt to subpoena President Adams and Federalist trial judge Samuel Chase's management of the prosecution from the bench. Long after the Federalists had departed the scene, echoes of the free-press crisis continued to roil American politics-reappearing in the debates over antislavery petitions, the suppression of dissent during the Civil War and two world wars, and most recently in the trials of suspected terrorists. Hoffer's book is an authoritative review of this landmark case and a vital touchstone for anyone concerned about the role of government and the place of dissent in times of national emergency.




The Free and Open Press


Book Description

The current, heated debates over hate speech and pornography were preceded by the equally contentious debates over the "free and open press" in the seventeenth and eighteenth centuries. Thus far little scholarly attention has been focused on the development of the concept of political press freedom even though it is a form of civil liberty that was pioneered in the United States. But the establishment of press liberty had implications that reached far beyond mere free speech. In this groundbreaking work, Robert Martin demonstrates that the history of the "free and open press" is in many ways the story of the emergence and first real expansions of the early American public sphere and civil society itself. Through a careful analysis of early libel law, the state and federal constitutions, and the Sedition Act crisis Martin shows how the development of constitutionalism and civil liberties were bound up in the discussion of the "free and open press." Finally, this book is a study of early American political thought and democratic theory, as seen through the revealing window provided by press liberty discourse. It speaks to broad audiences concerned with the public square, the history of the book, free press history, contemporary free expression controversies, legal history, and conceptual history.




Jefferson's Second Revolution


Book Description

An “excellent” history of the tumultuous early years of American government, and a constitutional crisis sparked by the Electoral College (Booklist). In the election of 1800, Federalist incumbent John Adams, and the elitism he represented, faced Republican Thomas Jefferson. Jefferson defeated Adams but, through a quirk in Electoral College balloting, tied with his own running mate, Aaron Burr. A constitutional crisis ensued. Congress was supposed to resolve the tie, but would the Federalists hand over power peacefully to their political enemies, to Jefferson and his Republicans? For weeks on end, nothing was certain. The Federalists delayed and plotted, while Republicans threatened to take up arms. In a way no previous historian has done, Susan Dunn illuminates this watershed moment in American history. She captures its great drama, gives us fresh, finely drawn portraits of the founding fathers, and brilliantly parses the enduring significance of the crisis. The year 1800 marked the end of Federalist elitism, pointed the way to peaceful power shifts, cleared a place for states’ rights in the political landscape—and set the stage for the Civil War. “Dunn, a scholar of eighteenth-century American history, has provided a valuable reminder of an election in which the stakes were truly enormous and the political vituperation was far more poisonous than the relatively moderate attacks heard today. . . . An excellent work that effectively explains this critical contest that shaped the history of the new republic.” —Booklist “Dunn does a superb job of recounting the campaign, its cast of characters, and the election’s bizarre conclusion in Congress. That tense standoff could have plunged the country into a disastrous armed conflict, Dunn explains, but instead cemented the legitimacy of peaceful, if not smooth, transfers of power.” —Publishers Weekly “Dunn simultaneously teaches and enthralls with her eloquent, five-sensed descriptions of the people and places that shaped our democracy.” —Entertainment Weekly




The Oxford Handbook of Political Communication


Book Description

Since its development shaped by the turmoil of the World Wars and suspicion of new technologies such as film and radio, political communication has become a hybrid field largely devoted to connecting the dots among political rhetoric, politicians and leaders, voters' opinions, and media exposure to better understand how any one aspect can affect the others. In The Oxford Handbook of Political Communication Kate Kenski and Kathleen Hall Jamieson bring together leading scholars, including founders of the field of political communication Elihu Katz, Jay Blumler, Doris Graber, Max McCombs, and Thomas Paterson,to review the major findings about subjects ranging from the effects of political advertising and debates and understandings and misunderstandings of agenda setting, framing, and cultivation to the changing contours of social media use in politics and the functions of the press in a democratic system. The essays in this volume reveal that political communication is a hybrid field with complex ancestry, permeable boundaries, and interests that overlap with those of related fields such as political sociology, public opinion, rhetoric, neuroscience, and the new hybrid on the quad, media psychology. This comprehensive review of the political communication literature is an indispensible reference for scholars and students interested in the study of how, why, when, and with what effect humans make sense of symbolic exchanges about sharing and shared power. The sixty-two chapters in The Oxford Handbook of Political Communication contain an overview of past scholarship while providing critical reflection of its relevance in a changing media landscape and offering agendas for future research and innovation.




American Aurora


Book Description

200 Years ago a Philadelphia newspaper claimed George Washington wasn't the "father of his country." It claimed John Adams really wanted to be king. Its editors were arrested by the federal government. One editor died awaiting trial. The story of this newspaper is the story of America. THE AMERICAN HISTORY WE WEREN'T SUPPOSED TO KNOW In this monumental story of two newspaper editors whom Presidents Washington and Adams sought to jail for sedition, American Aurora offers a new and heretical vision of this nation's beginnings, from the vantage point of those who fought in the American Revolution to create a democracy--and lost.




Losing the News


Book Description

In Losing the News, Pulitzer Prize-winning journalist Alex S. Jones offers a probing look at the epochal changes sweeping the media, changes which are eroding the core news that has been the essential food supply of our democracy. At a time of dazzling technological innovation, Jones says that what stands to be lost is the fact-based reporting that serves as a watchdog over government, holds the powerful accountable, and gives citizens what they need. In a tumultuous new media era, with cutthroat competition and panic over profits, the commitment of the traditional news media to serious news is fading. Indeed, as digital technology shatters the old economic model, the news media is making a painful passage that is taking a toll on journalistic values and standards. Journalistic objectivity and ethics are under assault, as is the bastion of the First Amendment. Jones characterizes himself not as a pessimist about news, but a realist. The breathtaking possibilities that the web offers are undeniable, but at what cost? Pundits and talk show hosts have persuaded Americans that the crisis in news is bias and partisanship. Not so, says Jones. The real crisis is the erosion of the iron core of news, something that hurts Republicans and Democrats alike. Losing the News depicts an unsettling situation in which the American birthright of fact-based, reported news is in danger. But it is also a call to arms to fight to keep the core of news intact. Praise for the hardcover: "Thoughtful." --New York Times Book Review "An impassioned call to action to preserve the best of traditional newspaper journalism." --The San Francisco Chronicle "Must reading for all Americans who care about our country's present and future. Analysis, commentary, scholarship and excellent writing, with a strong, easy-to-follow narrative about why you should care, makes this a candidate for one of the best books of the year." --Dan Rather




A Magnificent Catastrophe


Book Description

CHOICE Outstanding Academic Title "They could write like angels and scheme like demons." So begins Pulitzer Prize-winner Edward Larson's masterful account of the wild ride that was the 1800 presidential election—an election so convulsive and so momentous to the future of American democracy that Thomas Jefferson would later dub it "America's second revolution." This was America's first true presidential campaign, giving birth to our two-party system and indelibly etching the lines of partisanship that have so profoundly shaped American politics ever since. The contest featured two of our most beloved Founding Fathers, once warm friends, facing off as the heads of their two still-forming parties—the hot-tempered but sharp-minded John Adams, and the eloquent yet enigmatic Thomas Jefferson—flanked by the brilliant tacticians Alexander Hamilton and Aaron Burr, who later settled their own differences in a duel. The country was descending into turmoil, reeling from the terrors of the French Revolution, and on the brink of war with France. Blistering accusations flew as our young nation was torn apart along party lines: Adams and his elitist Federalists would squelch liberty and impose a British-style monarchy; Jefferson and his radically democratizing Republicans would throw the country into chaos and debase the role of religion in American life. The stakes could not have been higher. As the competition heated up, other founders joined the fray—James Madison, John Jay, James Monroe, Gouverneur Morris, George Clinton, John Marshall, Horatio Gates, and even George Washington—some of them emerging from retirement to respond to the political crisis gripping the nation and threatening its future. Drawing on unprecedented, meticulous research of the day-to-day unfolding drama, from diaries and letters of the principal players as well as accounts in the fast-evolving partisan press, Larson vividly re-creates the mounting tension as one state after another voted and the press had the lead passing back and forth. The outcome remained shrouded in doubt long after the voting ended, and as Inauguration Day approached, Congress met in closed session to resolve the crisis. In its first great electoral challenge, our fragile experiment in constitutional democracy hung in the balance. A Magnificent Catastrophe is history writing at its evocative best: the riveting story of the last great contest of the founding period.




The Long Affair


Book Description

As controversial and explosive as it is elegant and learned, this examination of Thomas Jefferson, as man and icon, through the critical lens of the French Revolution, offers a provocative analysis of the supreme symbol of American history and political culture and challenges the traditional perceptions of both Jeffersonian history and the Jeffersonian legacy. 15 illustrations.




The Jeffersonians


Book Description

“A long, insightful look at three Founder presidents. ... Political histories are rarely page-turners, but Gutzman, clearly a scholar who has read everything on his subjects, writes lively prose and displays a refreshingly opinionated eye for a huge cast of characters and their often unfortunate actions. Outstanding historical writing.” — Kirkus (starred review) A lively and essential chronicle of the only consecutive trio of two-term presidencies of the same political party in American history, from the bestselling author of Thomas Jefferson - Revolutionary and James Madison. Before the consecutive two-term administrations of Presidents Bill Clinton, George W. Bush, and Barack Obama, there had only been one other trio of its type: Thomas Jefferson, James Madison, and James Monroe. Kevin R. C. Gutzman’s The Jeffersonians is a complete chronicle of the men, known as The Virginia Dynasty, who served as president from 1801 to 1825 and implemented the foreign policy, domestic, and constitutional agenda of the radical wing of the American Revolution, setting guideposts for later American liberals to follow. The three close political allies were tightly related: Jefferson and Madison were the closest of friends, and Monroe was Jefferson’s former law student. Their achievements were many, including the founding of the opposition Republican Party in the 1790s; the Louisiana Purchase; and the call upon Congress in 1806 to use its constitutional power to ban slave imports beginning on January 1, 1808. Of course, not everything the Virginia Dynasty undertook was a success: Its chief failure might have been the ineptly planned and led War of 1812. In general, however, when Monroe rode off into the sunset in 1825, his passing and the end of The Virginia Dynasty were much lamented. Kevin R. C. Gutzman’s new book details a time in America when three Presidents worked toward common goals to strengthen our Republic in a way we rarely see in American politics today.




Gitlow v. New York


Book Description

In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a "Left Wing Manifesto," a publication inspired by the Russian Revolution. He was charged with violating New York's Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating to the violent overthrow of government. Gitlow argued that the law violated his right to free speech but was still convicted. He appealed and five years later the Supreme Court upheld his sentence by a vote of 7-2. Throughout the legal proceedings, much attention was devoted to the "bad tendency" doctrine-the idea that speakers and writers were responsible for the probable effects of their words-which the Supreme Court explicitly endorsed in its decision. According to Justice Edward T. Sanford, "A state may punish utterances endangering the foundations of organized government and threatening its overthrow by unlawful means." More important was Justice Oliver Wendell Holmes' dissent, in which he argued that the mere expression of ideas, separated from action, could not be punished under the "clear and present danger" doctrine. As Holmes put it, "Every idea is an incitement"-and the expression of an idea, no matter how disagreeable, was protected by the First Amendment. While the majority disagreed, it also raised and endorsed the idea that the Bill of Rights could be violated by neither the federal government nor individual states-an idea known as "incorporation" that was addressed for the first time in this case. In recreating Gitlow, Marc Lendler opens up the world of American radicalism and brings back into focus a number of key figures in American law: defense attorney Clarence Darrow; New York Court of Appeals justices Roscoe Pound and Benjamin Cardozo; Walter Pollak of the fledgling ACLU; and dissenting justices Oliver Wendell Holmes and Louis Brandeis. Lendler also traces the origins of the incorporation doctrine and the ebb and flow of Gitlow as a precedent through the end of the Cold War. In a time when Islamic radicalism raises many of the same questions as domestic Communism did, Lendler's cogent explication of this landmark case helps students and Court-watchers alike better understand "clear and present danger" tests, ongoing debates over incitement, and the importance of the Holmes-Brandeis dissent in our jurisprudence.