"The splendidly challenging character of The Logic of Persecution bows neither to the biases of conservatism nor the excesses of liberalism. By reconstructing free-speech theory in light of our new knowledge about McCarthy-era Communism, Martin Redish reshapes our overall First Amendment jurisprudence in thought-provoking ways. This scholarly and nuanced study uses the lessons of history to make many compelling points about free speech in subversive times. In the end, The Logic of Persecution admirably reminds us that the same First Amendment that prevents the government from condemning ideological dissidents also protects the rights of private actors to do so."
—Ronald K.L. Collins, The First Amendment Center
"A thoughtful, balanced work by one of the nation's top First Amendment scholars, on a subject that badly needs thoughtful and balanced treatment. This is a must read for anyone interested in serious analysis—without ideological blinders—of the free speech issues raised by the McCarthy era—issues that remain relevant and in the news even today."
—Eugene Volokh, UCLA School of Law
This book demonstrates that neither the current liberal nor conservative position on the McCarthy era provides the basis for an appropriate normative perspective. Adding the perspective of the theory of free expression, it becomes apparent that both sides have ignored a vitally important point. While recently declassified documents demonstrate widespread participation by American Communists in conducting or facilitating espionage, much of the negative treatment received by American Communists had little or nothing to do with such activity.
From the perspective of the First Amendment right of free speech, there exists a significant difference between speech that advocates conduct, on the one hand, and speech that itself is part of a nonspeech criminal act, such as espionage, on the other. By helping to separate protected speech from unprotected "speech-acts," First Amendment theory can do much to distinguish between the legitimate governmental responses to American Communism and those that contravened basic notions of communicative freedom protected by the Constitution. At the same time, by focusing the First Amendment inquiry on the McCarthy era, one should be able to glean insights about the broader implications of free speech protection.
