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The Supreme Court and McCarthy-Era RepressionOne Hundred Decisions$
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Robert M. Lichtman

Print publication date: 2012

Print ISBN-13: 9780252037009

Published to Illinois Scholarship Online: April 2017

DOI: 10.5406/illinois/9780252037009.001.0001

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Vietnam War Decisions and Some Observations

Vietnam War Decisions and Some Observations

(p.171) Epilogue Vietnam War Decisions and Some Observations
The Supreme Court and McCarthy-Era Repression

Robert M. Lichtman

University of Illinois Press

This chapter discusses the Court’s decisions during the Vietnam War, which represent a high-water mark in the protection of First Amendment freedoms in wartime. The cases showed graphically the changes in the mode of dissent that occurred in the 1960s. In one group of decisions, the Court reviewed the criminal convictions of three individuals who mocked sacrosanct patriotic symbols—the flag, the military uniform—in conveying their antiwar message. However, the icing on the cake for supporters of a robust First Amendment was the adoption in 1969 of a new formula to replace the altered clear-and-present danger standard announced by the Court in Dennis nearly two decades earlier. The chapter also reviews the Court’s McCarthy-era decisions.

Keywords:   Vietnam War, U.S. Supreme Court, McCarthy era, antiwar, First Amendment freedoms, wartime

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