About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

22 Harv. C.R.-C.L. L. Rev. 284 (1987)
Zechariah Chafee, Jr., Defender of Liberty and Law

handle is hein.journals/hcrcl22 and id is 290 raw text is: 284  Harvard Civil Rights-Civil Liberties Law Review  [Vol. 22
Zechariah Chafee, Jr., Defender of Liberty and Law. By Donald
L. Smith. Cambridge, Mass.: Harvard University Press, 1986.
Pp. 355. $25.00 cloth.
Despite the high profile of the first amendment guarantee
of freedom of expression in modern constitutional law, it is
worth remembering that free speech was a relative late bloomer
among the civil liberties set forth in the Bill of Rights. Indeed,
doctrine and scholarship surrounding the Constitution's most
majestic guarantee' was virtually nonexistent at the turn of the
century (p. 16). In the few cases involving the first amendment
which the Supreme Court heard before World War I, the Court
was almost uniformly hostile to these rights. The one ruling in
favor of a free speech claimant came in a 1902 case holding
unlawful the Postmaster General's refusal to deliver payments
to a business promoting Christian Science healing aids.2 Signif-
icantly, the major abridgement of free speech in the early history
of the Republic, the Alien and Sedition Act of 1798, was re-
pealed before the issue ever reached the Supreme Court (p. 16).
The federal government made no further direct attempt to limit
free speech until the Espionage Act of 1917 and the even more
draconian Sedition Act of 1918 (ch. 1).
It was at this point, as arrests under these laws were being
tested against a virtually blank doctrinal background, that Ze-
chariah Chafee, Jr., began a long and distinguished career as
the leading champion of free speech in the United States (p. 16).
Donald Smith's biography, Zechariah Chafee, Jr., Defender of
Liberty and Law, provides an at times lively and unfailingly
thorough portrait of Chafee. Smith3 had previously published
Zechariah Chafee, Jr., and the Positive View of Press Free-
dom.I He goes beyond this earlier article to present a balanced
view of Chafee not only as a free speech advocate but also as
a scholar of equity, a public servant and a family man. He
chronicles Chafee's life (1885-1957) from a comfortable child-
' L. Tribe, American Constitutional Law § 12-1, at 576 (1978).
2 American School of Magnetic Healing v. McAnnulty, 187 U.S. 94 (1902).
1 Associate Professor of Communications, Pennsylvania State University, and au-
thor of The New Freedom to Publish (1969).
4 5 Journalism History No. 3, 86 (1978).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most