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The prosecution of dissent under the Alien and Sedition Acts affected far more people than previously realized. It also provoked the first battle over the Bill of Rights. Wendell Bird provides the definitive account of a dark moment in U.S. history, reminding us that expressive freedom and opposition politics are essential to a stable democracy.
In the first complete account of prosecutions under the Alien and Sedition Acts, dozens of previously unknown cases come to light, revealing the lengths to which the John Adams administration went in order to criminalize dissent. The campaign to prosecute dissenting Americans under the Alien and Sedition Acts of 1798 ignited the first battle over the Bill of Rights. Fearing destructive criticism and “domestic treachery” by Republicans, the administration of John Adams led a determined effort to safeguard the young republic by suppressing the opposition. The acts gave the president unlimited discretion to deport noncitizens and made it a crime to criticize the president, Congress, or the federal government. In this definitive account, Wendell Bird goes back to the original federal court records and the papers of Secretary of State Timothy Pickering and finds that the administration’s zeal was far greater than historians have recognized. Indeed, there were twice as many prosecutions and planned deportations as previously believed. The government went after local politicians, raisers of liberty poles, and even tavern drunks but most often targeted Republican newspaper editors, including Benjamin Franklin’s grandson. Those found guilty were sent to prison or fined and sometimes forced to sell their property to survive. The Federalists’ support of laws to prosecute political opponents and opposition newspapers ultimately contributed to the collapse of the party and left a large stain on their record. The Alien and Sedition Acts launched a foundational debate on press freedom, freedom of speech, and the legitimacy of opposition politics. The result was widespread revulsion over the government’s attempt to deprive Americans of their hard-won liberties. Criminal Dissent is a potent reminder of just how fundamental those rights are to a stable democracy.
The prosecution of dissent under the Alien and Sedition Acts affected far more people than previously realized. It also provoked the first battle over the Bill of Rights. Wendell Bird provides the definitive account of a dark moment in U.S. history, reminding us that expressive freedom and opposition politics are essential to a stable democracy
From animal rights to anti-abortion, from tax resistance to anti-poverty, activists from across the political spectrum often deliberately break the law to further their causes. While not behaviors common to hardened or self-seeking criminals, the staging of civil disobedience, non-violent resistance, and direct action can nevertheless trigger a harsh response from law enforcement, with those arrested risking jail time and criminal records. Crimes of Dissent features the voices of these activists, presenting a fascinating insider’s look at the motivations, costs and consequences of deliberately violating the law as a strategy of social change. Crimes of Dissent provides readers with an in-depth understanding of why activists break the law, and what happens to them when they do. Using dynamic examples, both historic and recent, Jarret Lovell explores how seasoned protesters are handled and treated by the criminal justice system, shedding light on the intersection between the political and the criminal. By adopting the unique vantage of the street-level activist, Crimes of Dissent provides a fascinating view of protest from the ground, giving voice to those who refuse to remain silent by risking punishment for their political actions.
Policing Indigenous Movements by Andrew Crosby,Jeffrey Monaghan Pdf
In recent years, Indigenous peoples have lead a number of high profile movements fighting for social and environmental justice in Canada. From land struggles to struggles against resource extraction, pipeline development and fracking, land and water defenders have created a national discussion about these issues and successfully slowed the rate of resource extraction. But their success has also meant an increase in the surveillance and policing of Indigenous peoples and their movements. In Policing Indigenous Movements, Crosby and Monaghan use the Access to Information Act to interrogate how policing and other security agencies have been monitoring, cataloguing and working to silence Indigenous land defenders and other opponents of extractive capitalism. Through an examination of four prominent movements — the long-standing conflict involving the Algonquins of Barriere Lake, the struggle against the Northern Gateway Pipeline, the Idle No More movement and the anti-fracking protests surrounding the Elsipogtog First Nation — this important book raises critical questions regarding the expansion of the security apparatus, the normalization of police surveillance targeting social movements, the relationship between police and energy corporations, the criminalization of dissent and threats to civil liberties and collective action in an era of extractive capitalism and hyper surveillance. In one of the most comprehensive accounts of contemporary government surveillance, the authors vividly demonstrate that it is the norms of settler colonialism that allow these movements to be classified as national security threats and the growing network of policing, governmental, and private agencies that comprise what they call the security state.
In November 1999, fifty-thousand anti-globalization activists converged on Seattle to shut down the World Trade Organization’s Ministerial Meeting. Using innovative and network-based strategies, the protesters left police flummoxed, desperately searching for ways to control the emerging anti-corporate globalization movement. Faced with these network-based tactics, law enforcement agencies transformed their policing and social control mechanisms to manage this new threat. Policing Dissent provides a firsthand account of the changing nature of control efforts employed by law enforcement agencies when confronted with mass activism. The book also offers readers the richness of experiential detail and engaging stories often lacking in studies of police practices and social movements. This book does not merely seek to explain the causal relationship between repression and mobilization. Rather, it shows how social control strategies act on the mind and body of protesters.
From animal rights to anti-abortion, from tax resistance to anti-poverty, activists from across the political spectrum often deliberately break the law to further their causes. While not behaviors common to hardened or self-seeking criminals, the staging of civil disobedience, non-violent resistance, and direct action can nevertheless trigger a harsh response from law enforcement, with those arrested risking jail time and criminal records. Crimes of Dissent features the voices of these activists, presenting a fascinating insider’s look at the motivations, costs and consequences of deliberately violating the law as a strategy of social change. Crimes of Dissent provides readers with an in-depth understanding of why activists break the law, and what happens to them when they do. Using dynamic examples, both historic and recent, Jarret Lovell explores how seasoned protesters are handled and treated by the criminal justice system, shedding light on the intersection between the political and the criminal. By adopting the unique vantage of the street-level activist, Crimes of Dissent provides a fascinating view of protest from the ground, giving voice to those who refuse to remain silent by risking punishment for their political actions.
While liberal-democratic states like America, Britain and Australia claim to value freedom of expression and the right to dissent, they have always actually criminalized dissent. This disposition has worsened since 9/11 and the 2008 Great Recession. This ground-breaking study shows that just as dissent involves far more than protest marches, so too liberal-democratic states have expanded the criminalization of dissent. Drawing on political and social theorists like Arendt, Bourdieu and Isin, the book offers a new way of thinking about politics, dissent and its criminalization relationally. Using case studies like the Occupy movement, selective refusal by Israeli soldiers, urban squatters, democratic education and violence by anti-Apartheid activists, the book highlights the many forms dissent takes along with the many ways liberal-democratic states criminalize it. The book highlights the mix of fear and delusion in play when states privilege security to protect an imagined ‘political order’ from difference and disagreement. The book makes a major contribution to political theory, legal studies and sociology. Linking legal, political and normative studies in new ways, Watts shows that ultimately liberal-democracies rely more on sovereignty and the capacity for coercion and declarations of legal ‘states of exception’ than on liberal-democratic principles. In a time marked by a deepening crisis of democracy, the book argues dissent is increasingly valuable.
Juvenile Crime and Dissent in Nazi Vienna, 1938-1945 by Evan Burr Bukey Pdf
Drawing on a wealth of archival sources, Evan Burr Bukey's meticulous new study offers the definitive account of juvenile crime in Nazi-era Vienna. In analyzing the records of juvenile delinquency in Vienna during the Anschluss era, this book explores the impact the Juvenile Criminal Code had on the Viennese youth who were brought before the bench for deviant behavior. Juvenile Crime and Dissent in Nazi Vienna addresses one key question: to what extent did Nazi rule constitute a rupture in the Austrian juvenile justice system? Ultimately this book reveals how, despite National Socialist institutions pervading Austrian society between 1938 and 1945, the survival of the indigenous legal order preserved a sense of regional identity that helps to explain the success of the Second Austrian Republic following the collapse of the Third Reich.
While most studies of the FBI focus on the long tenure of Director J. Edgar Hoover (1924-1972), The Dangers of Dissent shifts the ground to the recent past. The book examines FBI practices in the domestic security field through the prism of 'political policing.' The monitoring of dissent is exposed, as are the Bureau's controversial 'counterintelligence' operations designed to disrupt political activity. This book reveals that attacks on civil liberties focus on a wide range of domestic critics on both the Left and the Right. This book traces the evolution of FBI spying from 1965 to the present through the eyes of those under investigation, as well as through numerous FBI documents, never used before in scholarly writing, that were recently declassified using the Freedom of Information Act or released during litigation (Greenberg v. FBI). Ivan Greenberg considers the diverse ways that government spying has crossed the line between legal intelligence-gathering to criminal action. While a number of studies focus on government policies under George W. Bush's 'War on Terror,' Greenberg is one of the few to situate the primary role of the FBI as it shaped and was reshaped by the historical context of the new American Surveillance Society.
In this first comprehensive overview of the intersection of immigration law and the First Amendment, a lawyer and historian traces ideological exclusion and deportation in the United States from the Alien Friends Act of 1798 to the evolving policies of the Trump administration. Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations—although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America’s self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent—the first social, political, and legal history of ideological exclusion and deportation in the United States—Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved. We follow the cases of immigrants and foreign-born visitors, including activists, scholars, and artists such as Emma Goldman, Ernest Mandel, Carlos Fuentes, Charlie Chaplin, and John Lennon. Kraut also highlights lawyers, including Clarence Darrow and Carol Weiss King, as well as organizations, like the ACLU and PEN America, who challenged the constitutionality of ideological exclusions and deportations under the First Amendment. The Supreme Court, however, frequently interpreted restrictions under immigration law and upheld the government’s authority. By reminding us of the legal vulnerability foreigners face on the basis of their beliefs, expressions, and associations, Kraut calls our attention to the ways that ideological exclusion and deportation reflect fears of subversion and serve as tools of political repression in the United States.
The Age of Dissent argues that the defining feature of the Age of Revolutions in Latin America was the emergence of dissent as an inescapable component of political life. While contestation and seditious ideas had always been present in the region, never before had local regimes been forced to consider radical dissension as an unavoidable dimension of politics. Focusing on urban Chile between the first anticolonial conspiracy of 1780 and the consolidation of an authoritarian regime in 1833, the book argues that this revolution was caused by how people practiced communication and framed its power.
Judicial Dissent in European Constitutional Courts by Katalin Kelemen Pdf
Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.
Author : Barry Wright,Eric Tucker,Susan Binnie Publisher : University of Toronto Press Page : 544 pages File Size : 46,9 Mb Release : 2015-11-26 Category : History ISBN : 9781442625983
Canadian State Trials, Volume IV by Barry Wright,Eric Tucker,Susan Binnie Pdf
The fourth volume in the Canadian State Trials series examines the legal issues surrounding perceived security threats and the repression of dissent from the outset of World War One through the Great Depression. War prompted the development of new government powers and raised questions about citizenship and Canadian identity, while the ensuing interwar years brought serious economic challenges and unprecedented tensions between labour and capital. The chapters in this edited collection, written by leading scholars in numerous fields, examine the treatment of enemy aliens, conscription and courts martial, sedition prosecutions during the war and after the Winnipeg General Strike, and the application of Criminal Code and Immigration Act laws to Communist Party leaders, On to Ottawa Trekkers, and minority groups. These historical events shed light on contemporary dilemmas: What are the limits of dissent in war, emergencies, and economic crisis? What limits should be placed on government responses to real and perceived challenges to its authority?
Improvement and Reform of Law Enforcement and Criminal Justice in the United States by United States. Congress. House. Select Committee on Crime Pdf
Considers improvement of the criminal justice and law enforcement systems, with emphasis on correction and rehabilitation, along with a more effective court system and police force.
