During the Allies’ invasion of Italy in the thick of World War II, American soldier James Kutcher was hit by a German mortar shell and lost both of his legs. Back home, rehabilitated and given a job at the Veterans’ Administration, he was soon to learn that his battles were far from over. In 1948, in the throes of the post-war Red Scare, the hysteria over perceived Communist threats that marked the Cold War, the government moved to fire Kutcher because of his membership in a small, left-wing group that had once espoused revolutionary sentiments. Kutcher’s eight-year legal odyssey to clear his name and assert his First Amendment rights, described in full for the first time in this book, is at once a cautionary tale in a new period of patriotic one-upmanship, and a story of tenacious patriotism in its own right.

The son of Russian immigrants, James Kutcher came of age during the Great Depression. Robbed of his hope of attending college or finding work of any kind, he joined the Socialist Workers Party, left-wing and strongly anti-Soviet, in his hometown of Newark. When his membership in the SWP came back to haunt him at the height of the Red Scare, Kutcher took up the fight against efforts to punish people for their thoughts, ideas, speech, and associations. As a man who had fought for his country and paid a great price, had never done anything that could be construed as treasonous, held a low level clerical position utterly unconnected with national security, and was the sole support of his elderly parents, Kutcher cut an especially sympathetic figure in the drama of Cold War witch-hunts. In a series of confrontations, in what were highly publicized as the “case of the legless veteran,” the federal government tried to oust Kutcher from his menial Veterans’ Administration job, take away his World War II disability benefits, and to oust him and his family from their federally subsidized housing. Discrediting the Red Scare tells the story of his long legal struggle in the face of government persecution—that redoubled after every setback until the bitter end.

In a free society where it often seems nothing is sacred, many feel that one thing at least should be: that despite constitutional guarantees of free speech, it should be illegal to desecrate the American flag. For most Americans, no symbol is more charged with emotion, and incidents of its abuse have led many to declare that freedom of expression has its limits.

When Gregory Lee Johnson burned a flag as part of a political protest, he was convicted for flag desecration under Texas law, but the Texas Court of Criminal Appeals reversed the conviction on First Amendment grounds and the Supreme Court confirmed that physically damaging the flag constituted symbolic—and protected—speech. Robert Justin Goldstein now examines this landmark case and the attendant controversy over whether protection of the flag conflicts with constitutional guarantees of free speech. He also explores the case’s ramifications for future legal battles.

Goldstein, who has published widely on the flag desecration debate, offers a concise and updated account of the controversy for students and general readers. He traces the history of the flag protection movement from its nineteenth-century origins through the enactment of early state laws, and he examines modern incidents of flag desecration from the Vietnam era to the present.

At the heart of the book is the Johnson case and the political firestorm that it ignited. Goldstein examines the legal and philosophical issues surrounding the case through courtroom testimony, oral arguments, and interviews with Johnson, the lawyers (including former Whitewater prosecutor Kenneth Starr and the late famed “radical attorney” William Kunstler), and the judges who heard the many rounds of appeals. He then takes us inside the Supreme Court to analyze the justices’ reasoning that government may not prohibit the expression of an idea simply because society finds it offensive. Finally, he looks at reactions to the decision—including recent heated attempts to protect the flag through legislation or constitutional amendment.

Goldstein helps us better understand the human emotion and psychological drama that underlie abstract legal and constitutional issues and that fundamental rights sometimes are held by the courts to be superior to majority rule or popular emotion. By demonstrating how competing and often contradictory concepts can be embodied in the very same symbol, he helps us understand the fundamental meanings of democracy and patriotism.

First published in 1995, Saving Old Glory provides a detailed account of the origins and development of the American flag desecration controversy.

First published in 1995, Saving Old Glory provides a detailed account of the origins and development of the American flag desecration controversy.

Originally published in 1983. The nineteenth century was a time of great economic, social and political change. As Europe modernized, previously ignorant and apathetic elements in the population began to demand political freedoms. There was pressure also for a freer press, for the rights of assembly and association. The apprehension of the existing elites manifested itself in an intensification of often brutal form of political repression. The first part of this book summarizes on a pan-European basis, the major techniques of repression such as the denial of popular franchise and press censorship. This is followed by a chronological survey of these techniques from 1815 – 1914 in each European country. The book analyzes the long and short-term importance of these events for European historical development in the 19th and 20th centuries.

Originally published in 1983. The nineteenth century was a time of great economic, social and political change. As Europe modernized, previously ignorant and apathetic elements in the population began to demand political freedoms. There was pressure also for a freer press, for the rights of assembly and association. The apprehension of the existing elites manifested itself in an intensification of often brutal form of political repression. The first part of this book summarizes on a pan-European basis, the major techniques of repression such as the denial of popular franchise and press censorship. This is followed by a chronological survey of these techniques from 1815 – 1914 in each European country. The book analyzes the long and short-term importance of these events for European historical development in the 19th and 20th centuries.

During the Allies’ invasion of Italy in the thick of World War II, American soldier James Kutcher was hit by a German mortar shell and lost both of his legs. Back home, rehabilitated and given a job at the Veterans’ Administration, he was soon to learn that his battles were far from over. In 1948, in the throes of the post-war Red Scare, the hysteria over perceived Communist threats that marked the Cold War, the government moved to fire Kutcher because of his membership in a small, left-wing group that had once espoused revolutionary sentiments. Kutcher’s eight-year legal odyssey to clear his name and assert his First Amendment rights, described in full for the first time in this book, is at once a cautionary tale in a new period of patriotic one-upmanship, and a story of tenacious patriotism in its own right.

The son of Russian immigrants, James Kutcher came of age during the Great Depression. Robbed of his hope of attending college or finding work of any kind, he joined the Socialist Workers Party, left-wing and strongly anti-Soviet, in his hometown of Newark. When his membership in the SWP came back to haunt him at the height of the Red Scare, Kutcher took up the fight against efforts to punish people for their thoughts, ideas, speech, and associations. As a man who had fought for his country and paid a great price, had never done anything that could be construed as treasonous, held a low level clerical position utterly unconnected with national security, and was the sole support of his elderly parents, Kutcher cut an especially sympathetic figure in the drama of Cold War witch-hunts. In a series of confrontations, in what were highly publicized as the “case of the legless veteran,” the federal government tried to oust Kutcher from his menial Veterans’ Administration job, take away his World War II disability benefits, and to oust him and his family from their federally subsidized housing. Discrediting the Red Scare tells the story of his long legal struggle in the face of government persecution—that redoubled after every setback until the bitter end.

In a free society where it often seems nothing is sacred, many feel that one thing at least should be: that despite constitutional guarantees of free speech, it should be illegal to desecrate the American flag. For most Americans, no symbol is more charged with emotion, and incidents of its abuse have led many to declare that freedom of expression has its limits.

When Gregory Lee Johnson burned a flag as part of a political protest, he was convicted for flag desecration under Texas law, but the Texas Court of Criminal Appeals reversed the conviction on First Amendment grounds and the Supreme Court confirmed that physically damaging the flag constituted symbolic—and protected—speech. Robert Justin Goldstein now examines this landmark case and the attendant controversy over whether protection of the flag conflicts with constitutional guarantees of free speech. He also explores the case’s ramifications for future legal battles.

Goldstein, who has published widely on the flag desecration debate, offers a concise and updated account of the controversy for students and general readers. He traces the history of the flag protection movement from its nineteenth-century origins through the enactment of early state laws, and he examines modern incidents of flag desecration from the Vietnam era to the present.

At the heart of the book is the Johnson case and the political firestorm that it ignited. Goldstein examines the legal and philosophical issues surrounding the case through courtroom testimony, oral arguments, and interviews with Johnson, the lawyers (including former Whitewater prosecutor Kenneth Starr and the late famed “radical attorney” William Kunstler), and the judges who heard the many rounds of appeals. He then takes us inside the Supreme Court to analyze the justices’ reasoning that government may not prohibit the expression of an idea simply because society finds it offensive. Finally, he looks at reactions to the decision—including recent heated attempts to protect the flag through legislation or constitutional amendment.

Goldstein helps us better understand the human emotion and psychological drama that underlie abstract legal and constitutional issues and that fundamental rights sometimes are held by the courts to be superior to majority rule or popular emotion. By demonstrating how competing and often contradictory concepts can be embodied in the very same symbol, he helps us understand the fundamental meanings of democracy and patriotism.

First published in 1995, Saving Old Glory provides a detailed account of the origins and development of the American flag desecration controversy.

First published in 1995, Saving Old Glory provides a detailed account of the origins and development of the American flag desecration controversy.

Originally published in 1983. The nineteenth century was a time of great economic, social and political change. As Europe modernized, previously ignorant and apathetic elements in the population began to demand political freedoms. There was pressure also for a freer press, for the rights of assembly and association. The apprehension of the existing elites manifested itself in an intensification of often brutal form of political repression. The first part of this book summarizes on a pan-European basis, the major techniques of repression such as the denial of popular franchise and press censorship. This is followed by a chronological survey of these techniques from 1815 – 1914 in each European country. The book analyzes the long and short-term importance of these events for European historical development in the 19th and 20th centuries.

Originally published in 1983. The nineteenth century was a time of great economic, social and political change. As Europe modernized, previously ignorant and apathetic elements in the population began to demand political freedoms. There was pressure also for a freer press, for the rights of assembly and association. The apprehension of the existing elites manifested itself in an intensification of often brutal form of political repression. The first part of this book summarizes on a pan-European basis, the major techniques of repression such as the denial of popular franchise and press censorship. This is followed by a chronological survey of these techniques from 1815 – 1914 in each European country. The book analyzes the long and short-term importance of these events for European historical development in the 19th and 20th centuries.