Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1992 Rouge et Noir Reread: A Popular Constitutional History of the Angelo Herndon Case Kendall Thomas Columbia Law School,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, First Amendment Commons, Law and Race Commons, and the Legal History Commons Recommended Citation Kendall Thomas, Rouge et Noir Reread: A Popular Constitutional History of the Angelo Herndon Case, 65 S. CAL. L. REV. 2599 (1992). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2177 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. ROUGE ET NOIR REREAD: A POPULAR CONSTITUTIONAL HISTORY OF THE ANGELO HERNDON CASE KENDALL THOMAS* I. INTRODUCTION If the ruling and the oppressed elements in a population, if those who wish to maintain the status quo and those concerned to make changes, had, when they became articulate, the same philosophy, one might well be skeptical of its intellectual integrity. John Dewey' In 1932, Eugene Angelo Braxton Hemdon, a young Afro-Ameri- can 2 member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's * Professor of Law, Columbia University. B.A. 1978, Yale University; J.D. 1983, Yale Law School. I would like to thank the many readers of early drafts of this Article for their helpful comments, as well as Worigia Bowman, Blondel Pinnock, and Mano Raju for their research assist- ance.