The Brandeis Gambit- The Making of Americas First Freedom 190
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The Brandeis Gambit- The Making of Americas First Freedom 190
William & Mary Law ReviewVolume 40(1998-1999)ArtizIssue 2AnK36192The Brandeis Gambit: The Making of America's "First Freedom," 1909-1931Bradley c. Bob The Brandeis Gambit- The Making of Americas First Freedom 190 bertzFollow this and additional works at: https://scholarship.law.wm.edu/wmlr& Part of the Constitutional Law Commons, and the First Amendment CommonsRepository CitationBradley c. Bobertz, The Brandeis Gambit: The Making of America's "First Freedom." 1909-1931, 40 Wm. & Mary L. Rev. 557 (1999), http The Brandeis Gambit- The Making of Americas First Freedom 190 s://scholarship.law.wm.edU/wmlr/vol40/iss2/7Copyright c 1999 by the authors. This article IS brought to you by the William & Mary Law School ScholarshThe Brandeis Gambit- The Making of Americas First Freedom 190
ip Repository.https://scholarship.law .wm.edu/wmlrTHE BRANDEIS GAMBIT: THE MAKING OF AMERICA’S “FIRST FREEDOM,” 1909-1931Bradley c. Bobertz*Table of CWilliam & Mary Law ReviewVolume 40(1998-1999)ArtizIssue 2AnK36192The Brandeis Gambit: The Making of America's "First Freedom," 1909-1931Bradley c. Bob The Brandeis Gambit- The Making of Americas First Freedom 190 .............‘ 576III.Justice Holmes, Nineteen Nineteen ........... 587IV.The Making of America’s “FirstFreedom”....... 607A.Free Speech as Safety Valve............... 609B.Bolshevism, Fascism, and the Crisis ofAmerican Democracy........................ 614c.Reining in the Margins................... The Brandeis Gambit- The Making of Americas First Freedom 190 . 618D.Free Speech and Propagandain the'Marketplace of Ideas” ................... 628V.The Brandeis Gambit.......•:•••••.............631Epilogue: SanThe Brandeis Gambit- The Making of Americas First Freedom 190
Diego Free Speech Fight Revisited .... 649IntroductionA little after two o’clock on the sixth afternoon of 1941, Franklin Roosevelt stood at the clerkWilliam & Mary Law ReviewVolume 40(1998-1999)ArtizIssue 2AnK36192The Brandeis Gambit: The Making of America's "First Freedom," 1909-1931Bradley c. Bob The Brandeis Gambit- The Making of Americas First Freedom 190 of his♦ Assistant Professor of Law, University of Nebraska College of Law. The author would like to thank his colleagues for theừ insightful comments. Also deserving thanks are Baxter Paschal and Christian Stewart, for theừ work as his research assistants. Funding was provided by a McCollum Research The Brandeis Gambit- The Making of Americas First Freedom 190 Grant from the University of Nebraska College of Law. An earlier version of this Article won the 1997 Association of American Law Schools’ ScholarlyThe Brandeis Gambit- The Making of Americas First Freedom 190
Papers Competition.557558WILLIAM AND MARY LAW REVIEW [Vol. 40:557presidency.1 Hitler’s armies had swept across Europe the previous year, and the formaWilliam & Mary Law ReviewVolume 40(1998-1999)ArtizIssue 2AnK36192The Brandeis Gambit: The Making of America's "First Freedom," 1909-1931Bradley c. Bob The Brandeis Gambit- The Making of Americas First Freedom 190 timing.’”2 Roosevelt planned to use the address as a forum to brace the nation for war,3 4 but he faced a dilemma of his own creation. Both he and Wendell Willkie had pledged nonintervention in their bitter 1940 campaign/' and Roosevelt now had to find a way of retreating from this promise without The Brandeis Gambit- The Making of Americas First Freedom 190 either reversing official policy or creating the impression that his neutrality pledge was a ruse.5 He also needed to persuade a wary public that theThe Brandeis Gambit- The Making of Americas First Freedom 190
war, when it came, would serve a cause important enough to justify the inevitable carnage.6 Roosevelt had been wrestling with this dilemma for some tiWilliam & Mary Law ReviewVolume 40(1998-1999)ArtizIssue 2AnK36192The Brandeis Gambit: The Making of America's "First Freedom," 1909-1931Bradley c. Bob The Brandeis Gambit- The Making of Americas First Freedom 190 941: AMERICA ON THE Way to War 612 (1989) (stating that at the time, it was clear America would have to “seize destiny in (its] hands and decide what it was (it] intended to fight for" and that Roosevelt knew “he had to come up with something uplifting, even spiritual, if he was to stir the emotions The Brandeis Gambit- The Making of Americas First Freedom 190 of Americans”).• 2. Id. at 606. At the time, only Britain stood in the path of German conquest of western Europe, and the English had endured weeks oThe Brandeis Gambit- The Making of Americas First Freedom 190
f bombardment the previous summer. For an exceptional account of Churchill’s “duel” with Hitler at this pivotal moment of the war, see JOHN Lukács, ThWilliam & Mary Law ReviewVolume 40(1998-1999)ArtizIssue 2AnK36192The Brandeis Gambit: The Making of America's "First Freedom," 1909-1931Bradley c. BobWilliam & Mary Law ReviewVolume 40(1998-1999)ArtizIssue 2AnK36192The Brandeis Gambit: The Making of America's "First Freedom," 1909-1931Bradley c. BobGọi ngay
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