Free Speech in its Forgotten Years, 1870-1920 Book

	Acknowledgments
	Introduction	1
1	The Lost Tradition of Libertarian Radicalism	23
	Josiah Warren and Individualist Anarchism	26
	The Comstock Act	27
	The Controversy Over Cupid's Yokes	32
	Lucifer: The Light-Bearer	41
	The Emergence of the Free Speech Language	44
	The Commitment to Free Speech for All Viewpoints	57
	The Work of the Free Speech League	64
2	The IWW Free Speech Fights	77
	An Overview of the Free Speech Fights	78
	The IWW Ideology of Free Speech	83
	Popular Reactions	88
	Official Reactions	100
	Analysis of Free Speech Themes	109
	Regulation of Street Speaking	110
	Defining the Boundaries of Protected Speech	116
	Free Speech and Majority Rule	126
3	The Courts of Free Speech	129
	The Bad Tendency Test	132
	Topical Analysis of Free Speech Issues	146
	The First Amendment and State Action	147
	Postal Regulation	149
	Regulation of Political Campaigns	152
	Libel and Contempt	155
	Regulation of Public Speaking	165
	Labor Injunctions	169
	Ignoring Free Speech Issues	173
	The Judicial Tradition	175
4	Legal Scholarship	177
	Theoretical Sources for Free Speech Views	179
	The Rejection of Blackstone	189
	Limiting the Bad Tendency Test	193
	Alternative standards for Analyzing Free Speech Claims	200
	The Heritage of Prewar Scholarship	210
5	Free Speech in Progressive Social Thought	211
	John Dewey	217
	Herbert Croly	232
	Continuities in Dewey's Criticism of Pacifist Dissent during World War I	243
6	The Espionage Act	248
	The Legislative History of the Espionage Act	249
	Espionage Act Litigation in the Lower Federal Courts	255
	The Selective Draft Law Cases	270
	Supreme Court Briefs in the First Espionage Act Cases	272
	The Supreme Court Decisions	279
	The Origins of Clear and Present Danger	285
7	World War I and the Creation of the Modern Civil Liberties Movement	299
	The New Civil Libertarians of the ACLU and the Demise of the Free Speech League	304
	Zechariah Chafee, Jr.: The Scholars as Advocate	316
	Dewey's Revised Analysis of Free Speech	335
8	Holmes, Brandeis, and the Judicial Transformation of the First Amendment after World War I	342
	Supreme Court Majority Decisions in the 1920s	344
	Holmes's Transformation in Abrams	346
	The Contribution of Brandeis	355
	The Judicial Transformation of the First Amendment	371
9	Epilogue: Current Parallels to Prewar Progressive Thought	381
	Index	395