Originally posted 2014-02-27 18:10:00. Republished by Blog Post Promoter
[Northwestern Law Prof Martin] Redish concludes, and this Reviewer agrees, it was entirely appropriate — under the First Amendment, and also morally — for businesses and individuals to boycott members of the Stalinist CPUSA.
(SKIP PARAGRAPH IF YOU DON’T CARE ABOUT LAW SCHOOL POLITICS. ) Marty Redish wrote that? Very impressive for its political incorrectness. Maybe he’s hankering to follow (one of my other first-year NU Law professors — took Redish’s course on federal jurisdiction, too, which really paid off…) Dan Polsby, also recently getting attention on the Volokh blog, to George Mason Law. Interesting NU / George Mason thing going on here — what with Bernstein’s article appearing the NU Law Review…. (Ugh. I should leave this stuff to Brian Leiter.)
But really, I highly recommend the link, assuming that like everyone else you don’t read law review articles. Everything you thought about the “Red Scare,” pretty much, was wrong (unless you’re the type who reads this blog regularly, I guess). And the fact that a mainstream First Amendment authority such as Redish will write that this was an issue of moral choice, not “stifling of dissent,” is a very good development.