Passed in 1873, the Comstock Act banned 'obscene' materials from the mail without defining obscenity, leaving it open to interpretation by courts that were hostile to free speech. Literature that reflected changing attitudes toward sexuality, religion, and social institutions fell victim to the Comstock Act and related state laws. Dr. Edward Bliss Foote became among the earliest individuals convicted under the law after he mailed a brochure on birth-control methods. For the next four decades, Foote Sr. and his son, Dr. Edward Bond Foote, challenged the Comstock Act in Congress, legislatures, and courts and also offered personal assistance to Comstock defendants. This book chronicles the Footes’ struggle, examining not just the efforts of these cruising champions of freedom of expression and women's rights, but also the larger issues surrounding free speech and censorship in the Gilded Age of American history.

This book chronicles the struggles of the Drs. Foote, examining not just their efforts to further individual rights and women's health but also the larger issues surrounding free speech and censorship in the Gilded Age of American history.

In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

Beginning in the nineteenth century with Anthony Comstock, America's 'censor in chief,' The Mind of the Censor and the Eye of the Beholder explores how censors operate and why they wore out their welcome in society at large. This book explains how the same tactics were tried and eventually failed in the twentieth century, with efforts to censor music, comic books, television, and other forms of popular entertainment. The historic examples illustrate not just the mindset and tactics of censors, but why they are the ultimate counterculture warriors and why, in free societies, censors never occupy the moral high ground. This book is for anyone who wants to know more about why freedom of speech is important and how protections for free expression became part of the American identity.

Licentious Gotham, set in the streets, news depots, publishing houses, grand jury chambers, and courtrooms of the nation's great metropolis, delves into the stories of the enterprising men and women who created a thriving transcontinental market for sexually arousing books and pictures. The experiences of fancy publishers, flash editors, and racy novelists, who all managed to pursue their trade in the face of laws criminalizing obscene publications, dramatically convey nineteenth-century America's daring notions of sex, gender, and desire, as well as the frequently counterproductive results of attempts to enforce conventional moral standards. In nineteenth-century New York, the business of erotic publishing and legal attacks on obscenity developed in tandem, with each activity shaping and even promoting the pursuit of the other. Obscenity prohibitions, rather than curbing salacious publications, inspired innovative new styles of forbidden literature--such as works highlighting expressions of passion and pleasure by middle-class American women. Obscenity prosecutions also spurred purveyors of lewd materials to devise novel schemes to evade local censorship by advertising and distributing their products through the mail. This subterfuge in turn triggered far-reaching transformations in strategies for policing obscenity. Donna Dennis offers a colorful, groundbreaking account of the birth of an indecent print trade and the origins of obscenity regulation in the United States. By revealing the paradoxes that characterized early efforts to suppress sexual expression in the name of morality, she suggests relevant lessons for our own day.

The nineteenth-century eccentric Ida C. Craddock was by turns a secular freethinker, a religious visionary, a civil-liberties advocate, and a resolute defender of belly-dancing. Arrested and tried repeatedly on obscenity charges, she was deemed a danger to public morality for her candor about sexuality. By the end of her life Craddock, the nemesis of the notorious vice crusader Anthony Comstock, had become a favorite of free-speech defenders and women's rights activists. She soon became as well the case-history darling of one of America's earliest and most determined Freudians. In Heaven's Bride, prize-winning historian Leigh Eric Schmidt offers a rich biography of this forgotten mystic, who occupied the seemingly incongruous roles of yoga priestess, suppressed sexologist, and suspected madwoman. In Schmidt's evocative telling, Craddock's story reveals the beginning of the end of Christian America, a harbinger of spiritual variety and sexual revolution.

Most Americans today view freedom of speech as a bedrock of all other liberties, a defining feature of American citizenship. During the nineteenth century, the popular concept of American freedom of speech was still being formed. In An Indispensable Liberty: The Fight for Free Speech in Nineteenth-Century America, contributors examine attempts to restrict freedom of speech and the press during and after the Civil War. The eleven essays that make up this collection show how, despite judicial, political, and public proclamations of support for freedom of expression, factors like tradition, gender stereotypes, religion, and fear of social unrest often led to narrow judicial and political protection for freedom of expression by people whose views upset the status quo. These views, expressed by abolitionists, suffragists, and labor leaders, challenged rigid cultural mores of the day, and many political and cultural leaders feared that extending freedom of expression to agitators would undermine society. The Civil War intensified questions about the duties and privileges of citizenship. After the war, key conflicts over freedom of expression were triggered by Reconstruction, suffrage, the Comstock Act, and questions about libel. The volume’s contributors blend social, cultural, and intellectual history to untangle the complicated strands of nineteenth-century legal thought. By chronicling the development of modern-day notions of free speech, this timely collection offers both a valuable exploration of the First Amendment in nineteenth-century America and a useful perspective on the challenges we face today.