From McCarthyism to Citizens United

The mathematician Chandler Davis, who died in 2002 at age 96, was one of the notable victims of the second Red Scare. In 1960, Davis was sentenced to six months in prison for refusing to answer questions about his membership in the Communist Party. Davis’s lawyers defended him with the innovative legal argument that the First Amendment barred such questioning. While Davis lost in the courts, his legal battles were still an important effort in a larger battle to extend the parameters on political speech. Davis’s story is told in a new book, The Prosecution of Professor Chandler Davis by Steve Batterson. Siobhan Robert’s obituary for Davis ran in The Nation.

On this episode of The Time of Monsters, I talked to journalist Doug Bell, who knew Chandler Davis, about this book and Davis’s larger place in history. We take up the history of anti-communism and how it has limited free speech, the legal philosophy of Alexander Meiklejohn, and the reactionary Supreme Court's use of the First Amendment to expand corporate power.