The Nation.



Suspension of Disbelief

By Eric Foner

This article appeared in the December 6, 2004 edition of The Nation.

November 18, 2004

Ask Americans to enumerate their civil liberties and they instinctively turn to freedom of speech and the press. Many assume that these freedoms have been enjoyed more or less continuously since 1791, when the Bill of Rights was ratified. In fact, for much of our history numerous legal and extralegal obstacles have confronted dissenters hoping to publicize their views, hold meetings, picket and distribute literature. Consciousness of the importance of free speech developed gradually and unevenly. In Perilous Times, Geoffrey R. Stone offers a compelling account of a crucial part--but only a part--of this checkered history.

Stone's focus is free speech in wartime, and it is not a happy story. Time and again, war has led to serious restrictions on civil liberties. The book examines six historical moments during which the government has tried to punish individuals for their beliefs--the "quasi-war" with France of the late 1790s; the Civil War; World War I; World War II; the cold war; and Vietnam. For each episode, Stone sketches the cast of characters involved in free-speech cases and provides detailed examination of debates over the proper limits of civil liberties in wartime. A professor at the University of Chicago Law School, Stone makes his sympathies clear at the outset: "dissent in wartime can be the highest form of patriotism." Governments, unfortunately, rarely see it that way.

Each of Stone's episodes bears lessons for the present. He begins in 1798, when the Administration of John Adams, faced with the threat of war with France and a growing Jeffersonian opposition at home, moved to silence political dissent. The Alien Act allowed the President to deport foreigners he deemed dangerous. The Sedition Act essentially made it illegal to criticize the government. Most of the seventeen people indicted under its provisions were Jeffersonian editors, including Matthew Lyon, a Vermont Congressman who published the Scourge of Aristocracy and Repository of Important Political Truths. Lyon received a $1,000 fine and a four-month jail sentence.

Subscriber Login

4 ISSUES FREE

Subscribe Now!

The only way to read this article and the full contents of each week's issue of The Nation online is by subscribing to the magazine. Subscribe now and read this article -- and every article published since for the past five years -- right now.

There's no obligation -- try The Nation for four weeks free.

.

About Eric Foner

Eric Foner, a member of The Nation's editorial board, is DeWitt Clinton Professor of History at Columbia University and author, most recently, of Forever Free: The Story of Emancipation and Reconstruction. more...

Popular Topics
Most Searched

Issues »

Most Emailed

Issues »

Blogs

» Campaign 08

Obama Tears Down the Wall | Meeting the tallest of rhetorical orders, the candidate echoes the great communicator... and sounds, yes, like a president.
John Nichols

» Capitolism

TheNewKlan.Org | Bill O'Reilly says MoveOn is the new Klan.
Christopher Hayes

» The Beat

An Opening for the Constitution | The House Judiciary Committee's hearing on presidential accountability today marks the beginning of a process of renewal.
John Nichols

» Passing Through

Doing More With Less | Youth turnout expectations are higher than ever. So why is funding for young voter mobilization drying up?
Michael Connery

» The Dreyfuss Report

Maliki the Thug | He says he wants the US out, but a former Iraqi prime minister has other ideas about Maliki.
Robert Dreyfuss

» The Notion

Fox News Attacked by Rapper, Blackroots & Colbert (Updated) | Fox's worst nightmare: Liberal bloggers and Black hip hop.
Ari Melber

» ActNow!

Send Karl Rove to Jail | The former Bush advisor regards the law with contempt, so it's time the law and Congress hold him in contempt as well.
Peter Rothberg

» Editor's Cut

Rethinking Afghanistan | There is no easy answer but we need to think beyond the reflexive response of troop escalation in order to find sane and humane alternatives.
Katrina vanden Heuvel

» And Another Thing

McCain Opposes Contraception -- Pass It On | He's for Viagra and against the pill. Why won't the media cover this important story?
Katha Pollitt