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Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History (Constitutional Conflicts)

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"The People's Darling Privilege" examines struggles for free speech in American history. Professor Curtis persuasively argues that the struggles were political, not judicial: early American controversies over free speech -- the 1798 Sedition Act, the battle over slavery, and antiwar speech during the Civil War -- were resolved largely outside the judicial sphere, in Congress, in state legislatures, in the public press, and, especially, in the hearts and minds of "the people." The legacy of these struggles - a constitutional commitment to a robust free speech system - only found judicial validation in the wake of the World Wars, in the Warren Court era, and, to a certain extent, in the Rehnquist Court. This history not only informs our twentieth century understanding of free speech, but also, and most importantly, our twenty-first century struggles to protect it. Indeed, the struggle du jour - the freedom of expression versus the war on terror -- underscores the importance and timeliness of Curtis' scholarship. As Curtis' history demonstrates, in times of intense social conflict and civil unrest, courts prove to be weak reeds in protecting civil liberties; thus, in today's political climate, "the people" must remain vigilant in protecting against unwarranted intrusions upon their "darling privilege."