The Dilemma to a Free People”
Justice Robert Jackson, Walter Bagehot, and the Creation of a Conservative Jurisprudence
Bibliographic Data
| ID | 12074045 |
|---|---|
| Authors | Patrick Schmidt (0000-0001-6556-2088, corresponding author) |
| Year | 2002 |
| Volume | 20 |
| Issue | 3 |
| Pages | 517-539 |
| Publication date | 2002-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law and History Review (JOURNAL) |
| Journal identifiers | ISSN: 0738-2480 • E-ISSN: 1939-9022 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/1556318 |
| OpenAlex | W2096444719 |
| Language | EN |
| Citations received | 1 |
| References cited | 7 |
Even today, the U.S. Supreme Court's decision in Terminiello v. City of Chicago (1949) strikes students of constitutional law as a vexing factual situation. The problems the case posed for the High Court are all the more daunting considering its historical context, directly following the nation's confrontation with Nazism and standing on the cusp of the Cold War against Communism. In the broader view, most observers would locate the decision within the ascendance of liberal protection for free speech rights occurring over the second half of the twentieth century. But progressive accounts should not be allowed to mask the contemporary momentousness for the justices hearing the case. Indeed, in this constitutional conflict over the speech of a rabble-rousing priest was lodged a sober question about the polity's health at that time and the preferred response to the nation's need
Communism · Context (archaeology · Democracy · Dilemma · Jurisprudence · Nazism · Political science · Politics · Polity · Sociology · Supreme court · History · Law · Law in Society and Culture · Law, Rights, and Freedoms · Philosophy
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2026 - 2026 (1) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 1 |