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| List of Illustrations | |
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| Acknowledgments | |
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| Introduction: War Fever | |
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| "Congress Shall Make No Law ..." | |
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| The Lessons of History | |
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| The "Half War" with France: The First First Amendment | |
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| The Lyon of Vermont | |
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| On War Footing | |
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| "A Mere Bugbear"? | |
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| The Alien Acts: "All Is Darkness, Silence, Mystery, and Suspicion" | |
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| The Sedition Act of 1798: "Fraught with the Most Serious Mischiefs" | |
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| "The Reign of Witches" | |
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| The Trial of Matthew Lyon | |
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| The Trial of Thomas Cooper | |
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| The Trial of James Callender | |
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| "Persecutions and Personal Indignities" | |
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| "We Are All Republicans-We Are All Federalists" | |
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| "There Is No Such Thing as a False Idea" | |
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| Spadre Bluffs | |
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| The Civil War: Mr. Lincoln's First Amendment | |
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| "Spotty Lincoln" | |
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| "Abraham Africanus the First" | |
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| Clement Vallandigham and General Order No. 38 | |
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| Abraham Lincoln and the Freedom of Speech | |
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| "Please Spare Me the Trouble" | |
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| Despot, Liar, Usurper, Thief, Monster, Perjurer, Ignoramus, Swindler, Tyrant, Fiend, Butcher, and Pirate | |
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| "Even at the Darkest Moments" | |
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| World War I: "Clear and Present Danger"? | |
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| A Mere "Slip of a Girl" | |
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| War Opponents: Jane Addams, Eugene V. Debs, and Emma Goldman | |
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| The Espionage Act of 1917 | |
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| "A Divided, Fearful, and Intolerant Nation" | |
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| The Legal Context | |
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| Judges Bourquin, Amidon, and Hand | |
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| The Triumph of "Bad Tendency" | |
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| The Death of Free Speech: "What Is an Attempt?" | |
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| "Antiwar Expression ... Had Little Chance" | |
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| "The First Amendment Had No Hold on People's Minds" | |
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| The Sedition Act of 1918: "When Did It Become War upon the American People?" | |
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| The U.S. Supreme Court: "Clear and Present Danger"? | |
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| The Transformation of Justice Holmes: "I Hope I Would Die for It" | |
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| The Department of Justice: John Lord O'Brian and Alfred Bettman | |
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| The Red Scare of 1919-1920 | |
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| "The Maturer Judgment of Posterity" | |
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| The Firebrand | |
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| World War II: "Nothing to Fear"? | |
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| To Avoid the Mistakes of the Past | |
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| The Dies Committee | |
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| The Smith Act and J. Edgar Hoover | |
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| "When Are You Going to Indict the Seditionists?" | |
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| "The American Hitler" | |
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| The Prosecution of William Dudley Pelley and the Sedition Act of 1798 | |
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| The "Great Sedition Trial" of World War II | |
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| "A Dark Chapter in Our Record of the Last World War" | |
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| "No Official, High or Petty" | |
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| Aliens and Citizens | |
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| "A Jap's a Jap" | |
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| The "Ugly Abyss of Racism" | |
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| "We Now Know What We Should Have Known Then" | |
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| Murphy, Jackson, and Biddle | |
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| The Cold War: The First Amendment in Extremis | |
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| "Boy Wonder" | |
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| Reds | |
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| The Red Menace, 1945-1950 | |
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| The Red Menace, 1950-1954 | |
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| "Absolute" Loyalty | |
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| HUAC: "The Other Side of the Barricades" | |
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| HUAC: "On the Trial of the Tarantula" | |
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| The "Blond Spy Queen" and the Time Editor | |
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| Tail Gunner Joe | |
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| "So Reckless and So Cruel" | |
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| Francis Biddle and John Lord O'Brian Revisited | |
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| Dennis v. United States | |
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| June 17, 1957 | |
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| "Paralysis Rather than Protest" | |
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| "How Would They Ever Learn Better?" | |
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| The Vietnam War: The Supreme Court's First Amendment | |
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| The Pacifist | |
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| The Roots of the Antiwar Movement | |
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| "I Don't Want Us to Get into That Dangerous Situation" | |
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| "A Movement Cannot Grow without Repression" | |
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| The 1968 Democratic National Convention: "A Scene from the Russian Revolution" | |
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| Days of Rage, Kent State, and May Day | |
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| "A Call to Resist Illegitimate Authority" and the Law of Conspiracy | |
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| Radicalism on Trial: The Conspiracy Trial | |
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| "Expose, Disrupt and Otherwise Neutralize" | |
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| The Pentagon Papers | |
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| The Supreme Court and Vietnam: "The Perfect Ending to a Long Story"? | |
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| "The Government Has Misread the Times" | |
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| Conclusion: The Secret of Liberty | |
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| Can We Do Better? | |
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| The War on Terrorism | |
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| Notes | |
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| Index | |