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Phone: (843) 722-7550
West Ashley Library
9 a.m. – 7 p.m.
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Folly Beach Library
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Edgar Allan Poe/Sullivan's Island Library
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Wando Mount Pleasant Library
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Phone: (843) 805-6888
Village Library
9 a.m. – 6 p.m.
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St. Paul's/Hollywood Library
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Otranto Road Library
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John's Island Library
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The Conservative Press and the Interwar Origins of First Amendment Lochnerism.
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- Author(s): Lebovic, Sam
- Source:
Law & History Review; Aug2021, Vol. 39 Issue 3, p539-567, 29p - Source:
- Additional Information
- Abstract: In the 1930s and 1940s, the conservative newspaper industry argued that the First Amendment should shield them from New Deal economic regulations. This article uses these forgotten clashes about freedom of the press to provide a new history of the origins and trajectory of the anti-regulatory First Amendment. It shows that conservative newspaper attorneys were at the forefront of efforts to use civil liberties to protect their economic interests in the New Deal. But it argues that these efforts were only partially successful. The courts rejected these maximalist First Amendment claims, distinguishing between economic liberties and civil liberties. But maximalist claims were more successful in the political culture, where conservative newspapers helped legitimize a belief that a laissez-faire "marketplace of ideas" was a liberal principle with deep roots in the past. The origins of First Amendment Lochnerism thus lie not in judicial precedent, but in contestation in the political culture. A clearer understanding of the dynamics of this long-running effort to deploy civil liberties claims for conservative purposes, the article concludes, will help us better navigate the contemporary crises of the First Amendment. [ABSTRACT FROM AUTHOR]
- Abstract: Copyright of Law & History Review is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Abstract:
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