A Tale of Two Hands: One Clapping; One Not

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50 Ariz. St. L.J. 831 (2018). Burt Neuborne.

My thanks to the editors of the Arizona State Law Journal for organizing this symposium celebrating the 100th anniversary of Judge Learned Hand’s brilliant and courageous, if unsuccessful, effort in Masses Publishing Co. v. Patten to slow down the repressive train that was running amok over Americans who vigorously spoke out against America’s entry into World War I. While many have chronicled the major Supreme Court cases from Schenck to Gitlow failing to protect free speech during and after World War I, they usually don’t go beneath the surface of the Supreme Court to plumb the massive wave of repression that swept the nation in the summer and fall of 1917, fanned by jingoism, fear of immigrants, war fever, fear of communism, and President Woodrow Wilson’s streak of fanaticism.

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