Perilous Times

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Perilous Times: Free Speech in Wartime from The Sedition Act of 1798 to The War on Terrorism

Author: Geoffrey R. Stone
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Publisher: W. W. Norton & Company
Geoffrey Stone’s Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era.

Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandies, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.

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By Geoffrey R. Stone’s estimate, America has lived up to the ideals encapsulated in the First Amendment about 80 percent of the time over the course of its history. Perilous Times’s focuses is on the remaining 20 percent, when, during war or civil strife, the better instincts of the public and its leaders have been drowned out by a certain kind of repressive hysteria. Stone, the former dean of law provost at the University of Chicago, identifies six periods of widespread free-speech repression, dating back to the administration of the nation’s second president, John Adams, and continuing through the Vietnam era. In between, two of history’s greatest presidents, Lincoln and Franklin Roosevelt, were involved in constitutionally questionable efforts to suppress dissent.

Stone examines these pivotal episodes with a lawyer’s attention to detail and precedence and a writer’s focus on character and story structure. From Adams’s secretary of state, the “grim-faced and single-minded” Timothy Pickering (who scanned the papers daily looking for seditious language) through John Ashcroft on one side, and the cheeky late-18th-century congressman Matthew Lyon and the Yippies of the 1960s on the other, there are plenty of characters enlivening these pages. Given its publication during the War on Terror, Stone’s work feels particularly timely and vital. He devotes only a few pages to the post-9/11 environment, crediting George W. Bush for his refusal to scapegoat Muslims in the immediate aftermath of the attack, but castigating his administration for “opportunistic and excessive” actions centering around the Patriot Act. One wonders if Stone will some day be forced to update Perilous Times with a full chapter on the early 21st century. —Steven Stolder

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