lecture 7 - radicalism and the limits of democracy …...1 county sheriff 1 tax-assessor / collector...

Radicalism and the Limits of Democracy

Schenck v. United StatesDebs v. United States

Abrams v. United StatesWalter Lippmann

Democracy

�Democratic decisions

�Representative Government

�Puzzles

�dangerous ideas

�complex information

1st Amendment (1791)

“Congress shall make no law respecting an establishment or religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Speech and Treason� Freedom of speech

� instrumental� expressive

� Treason� republican paradox� reason of state

� Clear and present danger� The power of speech

� speech and action� speech and identity� the tyranny of false ideas

� Paine; Debs

Justice Holmes dissents

“Persecution for the expression of ideas seems to me perfectly logical. If you have no doubt of your premises and want a certain result with all your heart you naturally express your wishes in law and sweep away all opposition…But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate gooddesired is better reached by free trade in ideas--that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out. That at any rate is the theory of the Constitution.”

Justice Holmes, Abrams v U.S.

Treason

� U.S. Constitution, Article III, Section 3: “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”

Emergency Powers

� U.S Constitution, Article 1, Section 9: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it.”

Schenck v United States

“The character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic…The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”

“When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight”

Excursus (threats to America!)

Or: what was all that fuss about?

War!

The Espionage Act of 1917

� the Espionage Act of 1917 forbid anyone from obstructing the draft or from causing, or attempting to cause, insubordination in the military.

Revolution!

Terrorism.

Anarchy.

Foreigners.

Bolshevism.

Socialism.

Subversion – Step by Step.

Speech and Treason� Freedom of speech

� instrumental� expressive

� Treason� republican paradox� reason of state

� Clear and present danger� The power of speech

� speech and action� speech and identity� the tyranny of false ideas

� Paine; Debs

Russian émigrés charged in Abrams v United States

Speech and Treason� Freedom of speech

� instrumental

� expressive

� Treason� republican paradox

� reason of state

� Clear and present danger

� The power of speech� speech and action

� the tyranny of false ideas

� Paine; Debs

Eugene Debs

�1855 - 1926

�Unionization�craft vs. class

�Social Democratic Party

�Anti-war agitation

Eugene Debs

Debs for President.

Eugene Debs

�1855 - 1926

�Unionization�craft vs class

�Social Democratic Party

�Anti-war agitation

Work and Labor

�Changing views of work and labor

�Economic growth

�Labor politics�organizations

� American Federation of Labor

� Knights of Labor

� labor action� Haymarket Riot

� Homestead Riot

� Pullman strike

Work and Labor

�Changing views of work and labor

�Economic growth

�Labor politics�organizations

� American Federation of Labor

� Knights of Labor

� labor action� Haymarket Riot

� Homestead Riot

� Pullman strike

Lawrence Textile Strike, 1882 & 1912

Haymarket Riot, 1886

Homestead Riot, 1892

Reflections on Pullman

�Workers: “About the only difference between slavery at Pullman and what it was down South before the war, is that there the owners took care of the slaves when they were sick and here they don't.”

Knowledge and Power

� “Knowledge is power” (Francis Bacon)

�Debs: “a thousand hands to one brain”

�the “old” system

�the “new” system�Scientific management

Iron puddler

Ford assembly line, 1913

Frederick Winslow Taylor

“time and motion studies”

Wilson, Brandeis, Roosevelt

Socialism

�Modern paradox: poverty amidst plenty�production?

�distribution?

�Capitalism�capitalists

�workers� false consciousness

Democracy is Illogical

�H. L. Mencken

�Democracy, ideal and real

�Legitimacy

�distinguished from obligation

�Democratic legitimacy

�consent

�utility

H.L. Mencken

Democracy is Illogical

�H. L. Mencken

�Democracy, ideal and real

�Legitimacy

�distinguished from obligation

�Democratic legitimacy

�consent

�utility

Democracy is Immoral

�The mob

�conformity, decency, homogeneity

�Democratic psychology

�resentment

�Schadenfreude

Public Opinion

�The democratic faith

�moral right

�cognitive ability

�Public opinion and democracy

�James Bryce

�George Gallup

�The opinions of the public

Major Media Audiences

Representation in Theory

�Tom Paine’s republican parable

�Representation

�division of labor

�principals and agents

Tom Paine

Representation in Theory

�Tom Paine’s republican parable

�Representation

�division of labor

�principals and agents

Representation in Practice

�Who represents me?

�James Fishkin’s dilemma

�How do they represent me?

�life in Congress. . .

A partial list of elected representatives for James Fishkin of Austin, TX

Federal representatives 1 President 1 Vice President 32 Presidential electors 2 Senators 1 Member of the House

State representatives 1 Governor 1 Lieutenant Governor 1 Agriculture

Commissioner 1 Comptroller 1 Treasurer 1 Attorney General 3 Railroad Commissioners 1 State Senator 1 State Representative 9 members of Texas

Supreme Court 9 members of Texas Court

of Criminal Appeals 3 members of the Third

Court of Appeals

County representatives 1 County judge 1 County commissioner 1 County sheriff 1 Tax-assessor / collector 1 Constable 1 District Attorney 1 Public Weigher 7 Judges, County Court at

Law 1 District Clerk 1 County Clerk 1 County Treasurer 1 County Surveyor 1 Justice of the Peace

Municipal representatives 1 Mayor of Austin 6 At-large City Council

members

School Board 1 President 1 Vice president 1 Member for district

A Representative’s ‘Average” DayACTIVITY AVERAGE TIME TOTAL TIME

On the Floor and in Committee

2:53 hours

In committee / subcommittee work

Hearings Business Markups Other

26 minutes 9 minutes

42 minutes 7 minutes

1:24 hours

In his or her office With constituents With organized groups With others With staff aides With other representatives Answering mail Preparing legislation, speeches Reading On the phone

17 minutes 9 minutes

20 minutes 53 minutes 5 minutes

46 minutes 12 minutes 11 minutes 26 minutes

3:19 hours

In other Washington locations With constitutuents At events With leadership With other representatives With informal groups In party meetings Personal time Other

9 minutes

33 minutes 3 minutes

11 minutes 8 minutes 5 minutes

28 minutes 25 minutes

2:02 hours

Other 1:40 hours

Total average day 11:18 hours

Walter Lippmann

Knowledge and Opinion

�The omni-competent citizen

�Limits to knowledge

�Source

�Content

�Complexity and specialization

Stereotypes

�What is a stereotype?

�Can we live without them?

�Can we make them more complex?

�The new political division of labor

�experts and mass publics

The End.