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Mccormick Foundation Civics Program Freedom of Speech: Clear & Present Danger
McCormick Foundation Civics Program 2010 First Amendment Summer Institute Freedom of Speech: Clear & Present Danger Shawn Healy Director of Educational Programs Civics Program Freedom of Speech o First Amendment: “Congress shall make no law…abridging…the freedom of speech…” o An historic progression of free speech tests: • Bad tendency -Rooted in English Common Law and articulated in Gitlow v. New York (1925) • Clear and present danger -First articulated by Holmes in Schenck v. U.S. (1919), and adopted by a majority of the Court in Herndon v. Lowry (1937) • Imminent lawless action -Supplants clear and present danger test in Brandenburg v. Ohio (1969) -Exception: speech cases in military courts Bad Tendency Test o World War I: Used as test to determine whether speech critical of government during the war and its aftermath crossed the line o Sedition Act of 1917: • Congress intended to forestall threats to military operations • The Wilson Administration used to prohibit dissenting views • Shaffer v. U.S. (9th Circuit Court of Appeals): “It is true that disapproval of war and the advocacy of peace are not crimes under the Espionage Act; but the question here is…whether the natural and probable tendency and effect of the words…are such as are calculated to produce the result condemned by the statute.” Bad Tendency Test Continued o Abrams v. U.S. (1919): • Pamphlet critical of Wilson’s decision to send troops to Russia, urging U.S. workers to strike in protest • Charged under 1918 amendment to Sedition Act prohibiting expression of disloyalty and interference with the war effort • Downplayed clear and present danger distinction: “for the language of these circulars was obviously intended to provoke and to encourage resistance to the United States and the war.” Bad Tendency Test Continued o Gitlow v. -
Some Important CEC Decisions
Some Important CEC Decisions Published in Official Bulletin of the Communist Party of America (Section of the Communist International [New York], no. 2 (circa Aug. 15, 1921), pp. 1-2. Some of the miscellaneous decisions of the Central Executive Committee during the past two months [June and July 1921] are as follows: Sub-committees have been elected to investigate and report on the question of participation in the coming elections, on the Irish question, on the Negro question. These sub-committees are now at work. Transfers to Russia. Until further notice no membership certificates will be issued for Soviet Russia, except in special cases (such as party couriers). Ex-Soldiers Organizations. Members are encouraged to join Ex-Soldiers organizations, par- ticularly those composed of privates, and to form nuclei within for conducting our propaganda. The formation of such nuclei should be reported through Party channels. Harry Wicks. The recommendation of an investigating committee that Harry Wicks shall not be admitted to the Party was approved. The informa- tion proves him to be absolutely undesirable within the Party ranks. International Delegates. Baldwin [Oscar Tyverovsky] was elected to represent the Ameri- can section on the Executive Committee of the CI. Marshall [Max Bedacht] has instructions to return immediately after the adjourn- ment of the Third Congress [June 22-July 12, 1921]. The others are to return after the conclusion of the Congress of the Red Trade Union International [July 3-19, 1921]. 1 CEC Organization. The Central Executive Committee has organized itself as follows: Executive Secretary ............. Carr [L.E. Kattterfeld] Assistant Secretary ............. -
The Political and Social Thought of Lewis Corey
70-13,988 BROWN, David Evan, 19 33- THE POLITICAL AND SOCIAL THOUGHT OF LEWIS COREY. The Ohio State University, Ph.D., 1969 Political Science, general University Microfilms, Inc., Ann Arbor, Michigan THIS DISSERTATION HAS BEEN MICROFILMED EXACTLY AS RECEIVED THE POLITICAL AND SOCIAL THOUGHT OF LEWIS COREY DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By David Evan Brown, B.A, ******* The Ohio State University 1969 Approved by Adviser Department of Political Science PREFACE On December 2 3 , 1952, Lewis Corey was served with a warrant for his arrest by officers of the U, S, Department of Justice. He was, so the warrant read, subject to deportation under the "Act of October 16 , 1 9 1 8 , as amended, for the reason that you have been prior to entry a member of the following class: an alien who is a member of an organi zation which was the direct predecessor of the Communist Party of the United States, to wit The Communist Party of America."^ A hearing, originally arranged for April 7» 1953» but delayed until July 27 because of Corey's poor health, was held; but a ruling was not handed down at that time. The Special Inquiry Officer in charge of the case adjourned the hearing pending the receipt of a full report of Corey's activities o during the previous ten years. [The testimony during the hearing had focused primarily on Corey's early writings and political activities.] The hearing was not reconvened, and the question of the defendant's guilt or innocence, as charged, was never formally settled. -
Communism and the New Left
Communism and the New Left WHAT THEY'RE UP TO NOW BOOKS by U.S.NEWS & WORLD REPORT A division of U.S.News & World Report, Inc. WASHINGTON, D.C. 1969 Contents List of Illustrations 7 Introduction 11 I The American Left: Old and New 13 II How They Exploit War 41 III How They Exploit Blacks 65 IV How They Exploit Disorder 79 v Guerrilla Tactics 95 VI Target: Youth 111 VII Target: Labor 129 VIII Spying for Russia 143 IX The Left and the Law 159 X Marxism: Food for the New Left 173 XI The Outlook for the Left 183 Appendix 197 Index 215 7 List of Illustrations Allen Young, Bernardine Dohrn, and Michael Klonsky with newsmen 17 Communist Party candidates in the 1968 presidential election 20 W. E. B. DuBois 22 W. E. B. DuBois Clubs 22 Bettina Aptheker addresses a rally 30 A. J. Muste, Herbert Aptheker, Tom Hayden, and Staughton Lynd at rally 30 Stokely Carmichael 33 Eldridge Cleaver 33 Members of Cornell University's Afro-American Society 35 SDS national headquarters 38 Bettina Aptheker 42 Student-police confrontation at Madison, Wisconsin 45 Draft card burning 46 David Dellinger -1:9 March from the Lincoln Memorial to the Pentagon 51 New Left provoking Pentagon troops 52 Jerry Rubin pursuing tactic of ridicule 55 Eruption of violence at the Democratic National Convention 56 Yippie contributing to tumult of Democratic National Convention 57 Antiwar protesters are dispersed by police 59 "Counterinaugural" parade in Washington 60 Sit-in at Marquette University 62 Antiwar protest at Oberlin College 62 Communist Party-U.S.A. -
The Trade Union Unity League: American Communists and The
LaborHistory, Vol. 42, No. 2, 2001 TheTrade Union Unity League: American Communists and the Transitionto Industrial Unionism:1928± 1934* EDWARDP. JOHANNINGSMEIER The organization knownas the Trade UnionUnity League(TUUL) came intoformal existenceat anAugust 1929 conferenceof Communists and radical unionistsin Cleveland.The TUUL’s purposewas to create and nourish openly Communist-led unionsthat wereto be independent of the American Federation ofLabor in industries suchas mining, textile, steeland auto. When the TUUL was created, a numberof the CommunistParty’ s mostexperienced activists weresuspicious of the sectarian logic inherentin theTUUL’ s program. In Moscow,where the creation ofnew unions had beendebated by theCommunists the previous year, someAmericans— working within their establishedAFL unions—had argued furiously against its creation,loudly ac- cusingits promoters ofneedless schism. The controversyeven emerged openly for a time in theCommunist press in theUnited States. In 1934, after ve years ofaggressive butmostly unproductiveorganizing, theTUUL was formally dissolved.After the Comintern’s formal inauguration ofthe Popular Front in 1935 many ofthe same organizers whohad workedin theobscure and ephemeral TUULunions aided in the organization ofthe enduring industrial unionsof the CIO. 1 Historiansof American labor andradicalism have had difculty detectingany legitimate rationale for thefounding of theTUUL. Its ve years ofexistence during the rst years ofthe Depression have oftenbeen dismissed as an interlude of hopeless sectarianism, -
A Communist Trial
:0 Ruthenberg, Charles Emil A communist trial A COMMUNIST TRIAL EXTRACTS FROM THE TESTIMONY OF C. E. RUTHENBERG AND CLOSING ADDRESS TO THE JURY BY ISAAC E. FERGUSON Price 25 Cents PUBLISHED BY THE NATIONAL DEFENSE COMMITTEE 7 BANK STREET, NEW YORK CITY A COMMUNIST TRIAL EXTRACTS FROM THE TESTIMONY OF C. E. RUTHENBERG AND CLOSING ADDRESS TO THE JURY BY ISAAC E. FERGUSON Price 25 Cents PUBLISHED BY THE NATIONAL DEFENSE COMMITTEE 7 BANK STREET, NEW YORK CITY 5 CONTENTS Pages 1. Introduction 3— 6 2. Extracts from the testimony of C. E. Ruthenberg . —31 3. Extracts from the testimony and closing address to the jury by I. E. Ferguson 32—71 4. Statements by defendants before sentence 72—74 Athenaeum Printing Company, inc. j4 tVcrhing Class Institution 3J East First Street, New Vork INTRODUCTION The extracts from the testimony and speech to the jury dur- ing the trial of C. E. Ruthenberg and I. E. Ferguson presented in the following pages, contain what is probably the most revolu- tionary challenge made in a court in the United States. The defendants presented their views without compromise or apology. Their attitude was: We believe these to be the facts as to the existing industrial system and these the principles which must guide the working class in abolishing that system. You may send MS to prison for proclaiming our adherence to these principles, but that threat will not cause us to change our belief in and support of these principles. The facts in regard to the case, from the record of which the testimony and speech contained herein are taken, are as follows: On June 21st to June 24th, 1919, there was held in New York City a conference of delegates representing the Left Wing of the Socialist Party for the purpose of deciding upon further ac- tion to secure a restatement of the principles of the Socialist Party in harmony with Revolutionary Socialism, or Communism, and to gain control of that organization for the Left Wing. -
LP001061 0.Pdf
The James Lindahl Papers Papers, 1930s-1950s 29 linear feet Accession #1061 OCLC # DALNET # James Lindahl was born in Detroit in 1911. He served as Recording Secretary for the UAW-CIO Packard Local 190 and edited its newspaper in the 1930s and 1940s. Mr. Lindahl left the local in 1951 feeling that the labor movement no longer had a place for him. He earned a Master's degree from Wayne State University in Sociology in 1954 and later earned his living as a self-employed publisher in the Detroit area in various fields including retail, banking, and medicine. The James Lindahl Collection contains proceedings, reports, newspaper clippings, and election information pertaining to the UAW-CIO and its Packard Local 190 from the 1930s into the early 1950s. It also contains Mr. Lindahl's graduate school papers on local union membership and participation. The collection also contains publications, including pamphlets, books, periodicals, flyers and handbills, from many organizations such as the UAW, CIO, other labor unions and organizations, and the U.S. government from the 1930s into the early 1950s. Important subjects in the collection: UAW-CIO Packard Local 190 Union political activities Union leadership Ku Klux Klan Union membership Packard Motor Car Company 2 James Lindahl Collection CONTENTS 29 Storage Boxes Series I: General files, 1937-1953 (Boxes 1-6) Series II: Publications (Boxes 7-29) NON-MANUSCRIPT MATERIAL Approximately 12 union contracts and by-laws were transferred to the Archives Library. 3 James Lindahl Collection Arrangement The collection is arranged into two series. In Series I (Boxes 1-6), folders are simply listed by location within each box. -
(Communist) Party and the Cloakmakers' Strike of 1926
SERVANTS OF TWO MASTERS: THE DILEMMA OF GRASSROOTS COMMUNIST 1 LEADERS IN THE CLOAKMAKERS’ STRIKE OF 1926. On September 18, 1926 Charles Zimmerman, Joseph Boruchowitz, and Rose Wortis, Communist leaders within the International Ladies Garment Workers Union, met at party headquarters at 114 East 14th Street with Benjamin Gitlow, William Weinstone, and Joseph Zack, representatives of the Needle Trades Committee, that organ of the Workers’ (Communist) Party that dealt with union affairs. They met to get Party approval for a favorable settlement the union leaders had negotiated—against all odds and after eleven weeks of a hard fought strike— with leading employers in the women’s garment industry. All those at the meeting hoped that this success would be merely a step toward Communist control of one of the nation’s largest trade unions. A long discussion of “what is more dangerous to true Leninism, a left wing or a right wing deviation” preceded consideration of the issues at hand, but then they got down to business, the union leaders made their case and the party leaders gave the proposed settlement their stamp of approval. Final approval was now required from the union “leading fraction” of the Workers’ Party, the 150-200 Communist or Communist-allied shop chairmen from the ILGWU strike halls who were simultaneously having their own meeting on another floor of the same building. This was a formality, a rubber stamp really, since as historian Melech Epstein, a party member at the time and present at the event, noted, “It was a foregone conclusion that the leading fraction would accept a decision handed down by the party.” Together with the leaders of the Workers’ Party, the strike leaders went to meet this group. -
Jay Lovestone Papers
http://oac.cdlib.org/findaid/ark:/13030/tf4q2nb077 Online items available Register of the Jay Lovestone papers Finding aid prepared by Grace M. Hawes and Hoover Institution Library and Archives Staff Hoover Institution Library and Archives © 2008 434 Galvez Mall Stanford University Stanford, CA 94305-6003 [email protected] URL: http://www.hoover.org/library-and-archives Register of the Jay Lovestone 75091 1 papers Title: Jay Lovestone papers Date (inclusive): 1904-1989 Collection Number: 75091 Contributing Institution: Hoover Institution Library and Archives Language of Material: English Physical Description: 896 manuscript boxes, 4 oversize boxes, 49 envelopes, 3 sound tape reels, 1 framed map(364.2 Linear Feet) Abstract: Correspondence, reports, memoranda, bulletins, clippings, serial issues, pamphlets, other printed matter, photographs, and sound recordings relating to the Communist International, the communist movement in the United States and elsewhere, communist influence in American and foreign trade unions, and organized labor movements in the United States and abroad. Digital copies of select records also available at https://digitalcollections.hoover.org. Creator: Lovestone, Jay Hoover Institution Library & Archives Access The collection is open for research; materials must be requested at least two business days in advance of intended use. Publication Rights For copyright status, please contact the Hoover Institution Library & Archives. Acquisition Information Materials were acquired by the Hoover Institution Library & Archives in 1975. Preferred Citation [Identification of item], Jay Lovestone papers, [Box no., Folder no. or title], Hoover Institution Library & Archives. Location of Original Materials Digital copies of select records also available at https://digitalcollections.hoover.org. 1907 or Moved to the United States 1908 1913-1915 In his early teens, became interested in the DeLeonite Socialist Labor Party and shortly thereafter joined the Socialist Party. -
Nemmy Sparks Papers
THE NEMMY SPARKS COLLECTION Papers, 1942-1973 (Predominantly 1955-1973) 5 linear feet Accession No. 617 The papers of Nemmy Sparks were placed in the Archives of Labor History and Urban Affairs in September of 1973 by Mrs. Nemmy Sparks. Nemmy Sparks was born Nehemiah Kishor on March 6, 1899. In 1918 he graduated as a chemist from the College of the City of New York, went to sea for two and a half years and in 1922 went to Siberia on the Kuzbas project. Mr. Sparks joined the Communist Party in 1924 and worked in organizing the seamen on the waterfront in New York, as well as founding and edi- ting the Marine Workers Voice. In 1932 he headed the Communist Party in New England, later becoming head of the Pittsburgh, Pennsylvania party, and on to succeed Gene Dennis in 1937 as head of the Wisconsin Communist Party. In 1945 he was elected chairman of the Southern California Communist Party. Mr. Sparks was assigned to national work in 1950, returning to California in 1957, as legislative director, and later becoming educational director. Nemmy Sparks died May 9, 1973. Mr. Sparks papers include his unpublished manuscripts; his autobiogra- phy Prelude and Epilog, Common Sense about Communism as well as The Nation and Revolution, which was published posthumously. His papers reflect the internal struggles of the Communist Party in the latter half of the 1950's as well as after the Czechoslovakian situation in 1968. Pseudonyms used by Mr. Sparks were Richard Loring, John Nemmy and Neil Stanley. Important subjects in this collection include: National Secretariat discussions, 1956-1957 Communist Party programs, resolutions, bulletins and reports Outlines of study of the history of the Communist Party Outlines of study of Marxism-Leninism The Nemmy Sparks Collection -2- Other subjects include: Cyber culture Racism Czechoslovakia Seventieth Birthday Celebration Economy Translation Iron Mountain Twenty-six (resignations of 1958) New Left Among the correspondents are: James S. -
Bill Dunne in Butte
University of Montana ScholarWorks at University of Montana Graduate Student Theses, Dissertations, & Professional Papers Graduate School 1970 The Making of an American radical: Bill Dunne in Butte Kurt Winston Wetzel The University of Montana Follow this and additional works at: https://scholarworks.umt.edu/etd Let us know how access to this document benefits ou.y Recommended Citation Wetzel, Kurt Winston, "The Making of an American radical: Bill Dunne in Butte" (1970). Graduate Student Theses, Dissertations, & Professional Papers. 4691. https://scholarworks.umt.edu/etd/4691 This Thesis is brought to you for free and open access by the Graduate School at ScholarWorks at University of Montana. It has been accepted for inclusion in Graduate Student Theses, Dissertations, & Professional Papers by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact [email protected]. THE MAKING OF.AN AMERICAN RADICAL: BILL DUNNE IN BUTTE By Kurt Wetzel B.A., University of Montana, 1968 Presented in partial f u l f i 1lment of the requirements for the degree of Master of Arts UNIVERSITY OF MONTANA 1970 Approved by: Chairman, Board of Examiners Gradua-te "School ' UMI Number: EP40155 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. IMI UMI EP40155 Published by ProQuest LLC (20T4). Copyright in the Dissertation held by the Author. -
Books Reviewed Nicholas Lobkowicz
Notre Dame Law School NDLScholarship Natural Law Forum 1-1-1963 Books Reviewed Nicholas Lobkowicz Frederick J. Crosson Ernan McMullin Edward McWhinney Follow this and additional works at: http://scholarship.law.nd.edu/nd_naturallaw_forum Part of the Law Commons Recommended Citation Lobkowicz, Nicholas; Crosson, Frederick J.; McMullin, Ernan; and McWhinney, Edward, "Books Reviewed" (1963). Natural Law Forum. Paper 99. http://scholarship.law.nd.edu/nd_naturallaw_forum/99 This Book Review is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Natural Law Forum by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. BOOKS REVIEWED MARXISMUSSTUDIEN. Fourth Series. Edited by I. Fetscher. (Schriften der evangeli- schen Studiengemeinschaft 7) Tiibingen: J.C.B. Mohr, 1962. Pp. vi, 258. DM 12. When, sometime around 1952, the Research Commission of the German Evangelical Academies decided to establish a special committee for studies in Marxism, it probably did not foresee that within a few years the projected study group would become one of the West's major centers of studies in this field. However, in 1954, as the first collection of articles appeared in print, it was at once obvious that the Evangelical Academies had succeeded in gathering a number of highly competent historians, sociologists, economists, lawyers, phi- losophers, and theologians who had in common the desire to evaluate Marxist thought as objectively as possible and, at the same time, to rethink the tenets of Christianity in the light of this challenge. Though not all of them were Protestants, they all seemed to share in an attitude characteristic of today's German Protestant intellectuals, the conviction that in recent decades man and his centuries-old culture have set foot in a danger area and that this danger can be coped with only by a genuine understanding of the past and, in par- ticular, by calling to account the contemporary relationship to the great spiritual tradition originating from German Idealism.