This isn't my field, but part of the shock of S. Moyn's essay is his citation of a fierce dissent by Frankfurter ("the last constitutional revolution in the name of democracy, ... merely pushed judges into promising to exercise restraint") which affirmed the "democratic" right 1/
of a community to, for instance, require the pledge of allegiance. This came midst tremendous agitation v Jehovah's Witnesses '42-'43, and may have spurred increased attention to the First Amendment by other justices.
I would not be surprised to learn that Prof. Moyn 2/
I would not be surprised to learn that Prof. Moyn 2/
chose this particular statement to stimulate discussion. Frankfurter lays out the issues coldly and lucidly, and this independent, brilliant, teachable essay forces us to ask: what would the US be like _without_ the majority's understanding of the 1st 'Amendment. 3/
"Set the cat among the pigeons!"
