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Henry Ford’s War on Jews and the Legal Battle Against Hate Speech RESEARCHING LAW ’s War on Jews and the Legal Battle Against Hate Speech

What is the relationship between the right to free speech and self- expression under the First Amendment and the government’s authority to limit speech it deems to be “hateful”? What is the relationship between hate speech that is directed at an individual and speech that targets the group to which that individual belongs? How have these relationships evolved during the last century, a time of great social change and intense civil rights activism?

Victoria Saker Woeste A new book by ABF Research had been simmering between Professor Victoria Saker Woeste Ford and American Jews Victoria Saker Woeste was educated at the University of Virginia (B.A., cum examines these and other since World War I. Concerned laude) and the University of California questions in the context of a about the effect vocal protests at Berkeley (M.A., Ph.D.), where she lawsuit that made national and litigation would have on trained as an interdisciplinary academic headlines in 1927 when it was their smooth assimilation into in law and social science. Since joining tried, but is largely forgotten American society, the Jewish the American Bar Foundation in 1994, today. Drawing on heretofore community was divided about she has established herself as a leading scholar in the field of U.S. legal undiscovered archival materials, how to deal with Ford’s attacks. history, focusing on twentieth-century Woeste’s Henry Ford’s War on In particular, Louis Marshall, a business regulation and political Jews and the Legal Battle Against prominent civic leader and a economy. Her first book, The Farmer’s Hate Speech (Stanford University lawyer himself, was loathe to Benevolent Trust, won the Law and Press, 2012) tells the story of take Ford to court. But when Society Association’s J. Willard Hurst a Jewish lawyer, Aaron Sapiro, Sapiro did so, Woeste relates, Prize in 2000; in dissertation form it was who sued automobile magnate Marshall later involved himself awarded the 1993 Herman Krooss Prize of the Business History Conference. Henry Ford for libel over in the matter in a way that antisemitic statements published inadvertently undermined the In addition to the newly published Henry Ford’s War on Jews and the Legal Battle about him in Ford’s newspaper, goal of limiting hate speech Against Hate Speech (Stanford University . against Jews. Press, 2012), Woeste’s projects include Ford’s attacks against Sapiro in As Woeste explains in the book’s a biographical study of the civil rights the 1920s were part of a larger introduction, lawyer Louis Marshall (1856–1929) antisemitic campaign that Ford and an inquiry into efforts to link school had waged in the pages of the and housing desegregation with hate This book expands the story Independent for years. speech regulation in the post-World of the First Amendment’s War II Midwest. historical development by Sapiro’s lawsuit brought to a revealing divisions in the civil head an unresolved tension that

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The case of Sapiro v. Ford and its ambiguous resolution reveal the tension in law and culture between individual freedoms and the status of those seeking equality on the basis of group identity.

liberties community over how the consequences of Sapiro’s Sapiro lawsuit has not received to respond to speech that lawsuit for Jews generally sustained attention until the attacked race and religion. and made Louis Marshall publication of Woeste’s book. Jewish lawyers and activists desperate to contain its effects Ford’s antisemitic views first who were best positioned to on Jewish Americans’ civic became public during World react to Ford’s newspaper status. War I, the cause of which he were handicapped not only by blamed on Jewish financiers, Louis Marshall was an East the lack of relevant statutes and they continued to develop Coast lawyer and activist of great but also by philosophical and after the war ended. In 1918, prominence, whose background political differences among he purchased The Dearborn and interests were quite different themselves. As a result, when Independent to use as a vehicle from Sapiro’s. Compared to the Ford case finally presented to spread his ideas. Between Sapiro, Marshall was an insider, itself, it was staged by a 1920 and 1922 Ford published serving as President of the relative outsider —Sapiro—as more than 90 antisemitic American Jewish Committee, on a conventional individual articles in the Independent, the Board of the NAACP, and libel suit rather than a group many of which were based on arguing many cases before the libel case. The national press, the Protocols of the Elders of Supreme Court. Prior to Sapiro’s having covered every word Zion, a Russian forgery lately lawsuit, Marshall’s strategy for Ford uttered on his obsession in circulation that claimed to dealing with Ford had been to with Jews since 1915, elided expose a Jewish conspiracy to not dignify Ford’s hateful rhetoric the technical legal distinction achieve world-wide domination. with an organized response. between individual and group The articles were later published libel and proclaimed the Though Henry Ford’s as a series of pamphlets entitled case a fight between Henry is well known to ; by Ford and ‘the Jews.’ That historians, the story behind the the 1930s, Henry Ford was characterization amplified

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listed as their author. In 1924 hand-labor enterprise. Though these endeavors made him an Ford began another series of he devoted his life to the irresistible target for Ford. antisemitic attacks, but this development and manufacture Suing Ford for during time his newspaper cited Aaron of combustion engine-powered the 1920s posed complicated Sapiro’s work as an organizer vehicles, which revolutionized the legal issues. Several states had of agricultural cooperatives practice of agriculture and the enacted laws criminalizing as evidence for the Protocol’s social lives of all Americans, Ford published libels against groups conspiracy theory. With such remained enamored with the by the mid-1920s, but Michigan headlines as “Jewish Exploitation small American family farm and was not among them. Sapiro’s of Farmers’ Organizations: the values of late 19th-century decision to sue Ford in his home Monopoly Traps Operate farm and village life. Sapiro, state, though courageous and Under the Guise of ‘Marketing on the other hand, had never bold, deprived him of the ability Associations’,” and “Sapiro and farmed himself, a fact that led to sue for damages under the broader umbrella of group libel. In managing the case as a civil rights As a result, though Ford’s attacks had been broadly antisemitic activist rather than pursuing a legal for a prolonged period of time, Sapiro focused on the more remedy, Marshall unwittingly ensured recent personal attacks against him and sued Ford for individual that his ultimate goal—withdrawing libel. As Woeste points out, however, thanks in part to the hateful speech from the marketplace tone and content of national of ideas—would not be attained. press coverage, the trial came to be seen as a contest between Henry Ford and “the Jews.” As we would say today, it raised the the Bankers,” the Independent Ford to hold him in even deeper issue of hate speech. declared that Sapiro was disdain. Born in San Francisco manipulating American farmers to Eastern European immigrants, As Woeste relates, the lawsuit, to make them beholden to Jewish Sapiro earned a law degree after which was filed in federal speculators. losing his father at an early age district court in Detroit in and growing up grievously poor. 1925, did not go well for the As Woeste explains, Sapiro Sapiro achieved great success defendant. For many months became a target for Ford not organizing farming cooperatives, and at great expense his legal only because he was Jewish mostly in California and team criss-crossed the country but also because both men had Western Canada but also in taking depositions and obtaining deep attachments to American the American Midwest and evidence. The defense intended agriculture, albeit in dramatically South. A brilliant and energetic simultaneously to prove that different ways. Ford grew up orator, Sapiro convinced farmers Ford’s accusations were true and on a farm near Detroit during that engaging in cooperative to impoverish Sapiro through the 1860s and 1870s, when marketing, would enable them to delays and ever-mounting legal most Americans lived in rural bypass middlemen and increase fees. Despite these efforts, Ford’s places and agriculture was still their profits. Sapiro’s success in legal team eventually realized predominantly a horse- and

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that they could not prove the made a statement to the Detroit place responsibility for the truth of Ford’s antisemitic Times that the affidavits indicated offensive publication on his statements with the evidence they that the defense was desperate employees. What Marshall got had obtained through discovery. “to have the case thrown out of in return was an important They thus switched tactics before court.” Faced with the juror’s concession: Ford’s promise the trial began. Drawing on biased statement, the judge to restrain the circulation of negative information they had insisted he was forced to declare The International Jew in the obtained about Sapiro from a mistrial. United States and Europe. a few witnesses, they sought Stripping the Protocols of the Ford had no intention of to “redirect the libel suit away power of Ford’s name and enduring a new trial, which the from antisemitism and toward wealth had been Marshall’s judge promised Sapiro would the counterclaim that revealing aim since 1920…Marshall happen without delay. As Woeste Sapiro’s personality, personal believed that he had secured recounts, Ford sent an emissary style, and professional habits to New York to negotiate an end constituted legitimate public to the affair with Louis Marshall. criticism,” Woeste explains. Suing Ford for Marshall had opposed the lawsuit Though the defendant’s new from the beginning, making defamation approach confused matters and non-committal statements to irritated the judge, the trial finally the press and sending private during the began in March, 1927. Sapiro letters to Detroit lawyers trying proved to be an impressive to end the trial before it began. 1920s posed witness on his own behalf; the The appearance of Ford’s defense made little headway messengers in his office gave him complicated over the course of the month- the serendipitous opportunity to legal issues. long trial. Ford himself had been resolve the undignified conflict. subpoenaed by the plaintiff; he Woeste reveals how Marshall, by was desperate to avoid taking working discreetly behind the a conclusive, historic the stand. According to Woeste, scenes, drafted a public apology victory: he had succeeded in Ford achieved this goal in two that appeared to emanate from disassociating Ford from the ways. First, Ford was reported by Ford and was directed to all Protocols. his attorneys to have suffered an Jewish Americans. Ford accepted automobile accident (the veracity Ford also settled with Sapiro out Marshall’s apology verbatim and of which can now be significantly of court, published a retraction signed it, and it was published impeached) that rendered him in the July 30, 1927 issue of the nationwide in newspapers on July unavailable to testify. At the Independent, and shut down 8, 1927. As Woeste states, same time, Ford ordered his the newspaper for good the bodyguard Harry Bennett to The apology was a masterful following December. orchestrate a mistrial. Using Ford work of evasion draped Though seemingly a triumph company detectives, Bennett in apparent contrition… for Jews and for Marshall, the obtained affidavits claiming that Marshall permitted Ford to apology compromised the goal Sapiro, through an intermediary, claim that he knew nothing of limiting hate speech against tried to bribe one of the jurors of the Independent’s contents Jews, Woeste argues. Ford was with a box of candy. The juror until the lawsuit and to permitted to disavow his deep in question denied the claim, but

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The apology was a masterful work of evasion draped in apparent contrition.

involvement in editorial matters of self-expression.” She at the Independent, a fact that recognizes the conundrums the perfect Sapiro had established during inherent in trying to find a line balance between the trial. More importantly, the between objectionable speech Insurance apology did not have the force of and government censorship of to protect law behind it. fundamental speech rights. Yet your loved she argues for the importance ones and Though Ford made half-hearted of protecting the vulnerable helpIng efforts to fulfill his promise to others and the marginal, particularly limit the publication of The when they are targeted by the There’s nothing quite like ABE- International Jew (the pamphlet powerful and the wealthy. Says sponsored insurance plans. Designed based on the Independent’s exclusively for ABA Members, they Woeste, “By exposing the active offer affordable coverage from trusted antisemitic series, which, in turn, insurers and the opportunity to give participation of one of America’s was based on the Protocols), the back to the good works of the legal historic idols in the origins of a profession. law compelled him to do nothing. hateful publication with lasting Nor were publishers in Europe INSURANCE pernicious effects and historical EXCLUSIVELY and South America required for ABA Members American Bar Endowment significance, this book connects Insuring your life’s needs. to refrain from reprinting the Advancing your life’s work. current quandaries over speech 800-621-8981 book. The pamphlet never www.abendowment.org?ad to longstanding issues over FinD uS on completely dropped out of Scan this QR code the nature of the American circulation; in fact, its world- community and the continuing wide circulation dramatically Major funding for the problem of bridging differences increased during the 1930s, and research program of the while keeping the government the text remains extensively American Bar Foundation out of the business of censorship.” available on the Internet today. is provided by the American The case of Sapiro v. Ford “and “In managing the case as a civil its ambiguous resolution,” says Bar Endowment, in large part rights activist,” rather than Woeste, “reveal the tension in law through the generosity of ABE pursuing a legal remedy, Woeste and culture between individual policyholders. The American argues, “Marshall unwittingly freedoms and the status of those Bar Foundation is deeply ensured that his ultimate goal— seeking equality on the basis of grateful for this support. withdrawing hateful speech from group identity.” the marketplace of ideas—would not be attained.”

Woeste hopes her book will “advance the debate on whether and how to limit speech under the First Amendment while If you are interested in supporting research on hate speech or other important ABF preserving individual freedom initiatives, please contact Lucinda Underwood at 312.988.6573.

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ABF celebrates the publication of Victoria Saker Woeste’s Henry Ford’s War on Jews and the Legal Battle Against Hate Speech with a book launch in historic Detroit courtroom

Left to right: ABF Director Robert L. Nelson, Chief Judge of the U.S. District Court for the Eastern District of Michigan, Gerald Rosen, Victoria Saker Woeste, Judge Avern Cohn, Marc Kruman, Director of the Center for the Study of Citizenship at Wayne State University, David A. Collins, ABF Board Member and Treasurer.

A book launch event was held Eastern District of Michigan; of the Center for the Study of in Detroit, Michigan on Tuesday ABF Life Benefactor Fellow Judge Citizenship at Wayne State, June 26, 2012 in the courtroom Avern Cohn; and the Center and Judge Cohn. Victoria Saker in which the 1927 trial, Sapiro v. for the Study of Citizenship at Woeste then gave an illustrated Ford, took place—the so-called Wayne State University. presentation on the book and “Million Dollar Courtroom.” the research that went into it. Judge Rosen welcomed the Held in the Theodore J. Levin The audience was composed of audience to his courtroom with United States Courthouse, the Michigan Fellows, including ABF a fulsome description of its event was co-hosted by the Board Member David Collins, as architectural history. His remarks American Bar Foundation; well as members of the Detroit were followed by short addresses Gerald Rosen, Chief Judge of Jewish Historical Society, local by ABF Director Robert Nelson, the U. S. District Court for the academics, and other guests. Professor Marc Kruman, Director

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Chief Judge Gerald Rosen welcomes the audience and speaks about Judge Avern Cohn (ret.), an ABF Life Benefactor Fellow, speaks with the history of the courtroom. Director Robert Nelson.

Victoria Saker Woeste speaks about her book, Henry Ford’s War on Victoria Saker Woeste and Judge Avern Cohn. Throughout the Jews and the Legal Battle Against Hate Speech. book project, Judge Cohn provided Woeste with valuable research regarding the Sapiro trial.

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Rarely are ABF events held in such interesting historic Before the wrecking ball swung, however, Chief Judge and artistic surroundings. The courtroom was originally Arthur J. Tuttle persuaded the government to preserve part of Detroit’s Federal Building and Post Office, his ornate courtroom and reconstruct it in the new which opened in November of 1897 after seven years building. The room was measured, plans were drawn up, of construction. Designed by James H. Windrim, a photos were taken, and the stonework, wall sconces, prominent Philadelphia architect who specialized in and massive mahogany bench were disassembled, public buildings, the old federal building was a massive, numbered and stored until they could be reassembled castle-like, Romanesque revival structure, built of rough- in the new building. The new federal courthouse opened hewn Bedford limestone. The courtroom, originally in 1934. housed on the 3rd floor of that structure, was later As the guests at the book launch could see, almost all dubbed the “Million Dollar Courtroom,” in reference to the original fittings were salvaged for the courtroom’s the estimated value of its decoration and fittings. new space. (Only the original desks for plaintiff and Not long after the building was occupied, however, defense counsel do not survive.) During his welcoming it became overcrowded; in the decade following the remarks Chief Judge Rosen gave the audience a mini- ground breaking in 1890, Detroit’s population soared tour of its features, from the lion-topped Italian-crafted by 39% to 285,704 people. By 1930, three years after columns that flank the bench, to the ornate marble Sapiro v. Ford, the population reached 1.57 million, friezes, to the large decorative medallions of Mexican making Detroit the fourth-largest city in the United onyx and multi-colored marble. As architectural States. That year, the federal government decided to historians have noted, many of the room’s decorations build a newer, more spacious, and modern federal contain symbols taken from Greek mythology or the building; the old federal building was razed in 1931. Bible, sources that resonated deeply with nineteenth- century Americans.

Guests gather in front of a portrait of Judge Theodore J. Levin, after Clerk’s desk of carved mahogany whom the present-day courthouse is named.

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Portrait of Arthur J. Tuttle, the chief judge who saved the courtroom The courtroom’s ceiling beams are decorated with symbolic from demolition in 1931. Because he stood firm in the face of medallions, such as this figure of Justice pressure to tear down the courtroom, the Detroit press named Tuttle the “Judge Who Wouldn’t Budge.”

Decorative marble frieze Bronze sconce

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ABF’s Summer Research Diversity Fellowship Program Celebrates 25th Anniversary

On July 18, 2012 ABF staff, faculty, Summer Fellows and THE FOUR 2012 SUMMER RESEARCH DIVERSITY Summer Fellows alumni gathered FELLOWS WERE: to celebrate the 25th year of the Montgomery Summer Research Larissa Davis, a rising senior at Amherst College. Larissa was Diversity Fellowship Program. mentored this summer by ABF Director and Research Professor Founded in 1988, each summer Robert Nelson. the program introduces a select group of talented undergraduates Nikita Koraddi, a rising senior at the University of California, Berkeley. from diverse backgrounds to Nikita worked with Research Professor John Hagan. the rewards and demands of a Deborah Oh, a rising senior at the University of Southern California. research-oriented career in the field of law and social science. Debbie was mentored by Research Professor Jothie Rajah. Most of the over 100 alumni to Merritt Steele, a rising junior at Cornell University. Merritt worked date have graduated from law with Senior Research Social Scientist Rebecca Sandefur. school and gone on to successful careers in law, academia, government and business.

For its financial support of the program in 2012, ABF gratefully acknowledges Seyfarth Shaw LLP and AT&T. ABF is also grateful to receive funding from the Kenneth F. and Harle G. Montgomery Foundation, the Solon E. Summerfield Foundation, and the National Science Foundation in support of the program.

Left to right: Ryan Green (SRDF, 2000), Debbie Oh (SRDF 2012), Larissa Davis (SRDF 2012), Nikita Korradi (SRDF 2012), ABF Research Professor Stephen Daniels, Merritt Steele (SRDF 2012), Hosea Harvey (SRDF 1994), ABF Director Emeritus Bryant Garth, Erika George (SRDF 1991), ABF Director Robert Nelson

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