Zechariah Chafee
Encyclopedia
Zechariah Chafee, Jr. was an American
judicial philosopher
and civil libertarian. An advocate for free speech
, he was described by Senator Joseph McCarthy
as "dangerous" to the United States. Legal scholar Richard Primus
called Chafee “possibly the most important First Amendment
scholar of the first half of the twentieth century.”
, he graduated from Brown University
, where he was a member of Alpha Delta Phi
, in 1907. Later, he received a law degree from Harvard University
, completing his LL.B.
in 1913. He practiced at the law firm of Tillinghast & Collins from 1913-1916. He became a professor at Harvard in 1916, where he remained until 1956.
Chafee wrote several works about civil liberties
, including:
Chafee's first significant work (Freedom of Speech) established modern First Amendment
theory. Inspired by the United States' suppression of radical speech and ideas during the First World War, Chafee edited and updated a collection of several of his law review articles. In these individual articles-cum-chapters, he assessed significant World War I cases, including those of Emma Goldman
.
He revised and reissued this work in 1941 as Free Speech in the United States, which became a leading treatise on First Amendment law. His scholarship on civil liberties was a major influence on Oliver Wendell Holmes
' and Louis Brandeis
' post-World War I jurisprudence, which first established the First Amendment as a significant source of civil liberties. Chafee met with Justice Holmes after the Schenck case
(1919), which upheld a conviction of an activist who encouraged draft resistance, and convinced him that free speech needed greater consideration. Shortly thereafter, Holmes joined Brandeis in a dissent in another World War I dissent case; this dissent is recognized as the foundation of modern First Amendment jurisprudence.
Chafee died in Boston, Massachusetts, on February 8, 1957.
. His father, Zechariah Chafee (Sr.), was long affiliated with Brown University. Chafee's nephew was Senator John Chafee
and his grandnephew is current Governor and former Senator Lincoln Chafee
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
judicial philosopher
Judicial philosophy
Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases....
and civil libertarian. An advocate for free speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, he was described by Senator Joseph McCarthy
Joseph McCarthy
Joseph Raymond "Joe" McCarthy was an American politician who served as a Republican U.S. Senator from the state of Wisconsin from 1947 until his death in 1957...
as "dangerous" to the United States. Legal scholar Richard Primus
Richard Primus
Richard Abraham Primus is an American legal scholar. He currently teaches United States constitutional law at Michigan Law School. In 2008, he was awarded a Guggenheim Fellowship for his work on the relationship between history and constitutional interpretation...
called Chafee “possibly the most important First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
scholar of the first half of the twentieth century.”
Biography
Born in Providence, Rhode IslandProvidence, Rhode Island
Providence is the capital and most populous city of Rhode Island and was one of the first cities established in the United States. Located in Providence County, it is the third largest city in the New England region...
, he graduated from Brown University
Brown University
Brown University is a private, Ivy League university located in Providence, Rhode Island, United States. Founded in 1764 prior to American independence from the British Empire as the College in the English Colony of Rhode Island and Providence Plantations early in the reign of King George III ,...
, where he was a member of Alpha Delta Phi
Alpha Delta Phi
Alpha Delta Phi is a Greek-letter social college fraternity and the fourth-oldest continuous Greek-letter fraternity in the United States and Canada. Alpha Delta Phi was founded on October 29, 1832 by Samuel Eells at Hamilton College and includes former U.S. Presidents, Chief Justices of the U.S....
, in 1907. Later, he received a law degree from Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
, completing his LL.B.
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
in 1913. He practiced at the law firm of Tillinghast & Collins from 1913-1916. He became a professor at Harvard in 1916, where he remained until 1956.
Chafee wrote several works about civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
, including:
- Freedom of Speech, 1920
- Free speech in the United States, 1941 (expanded edition of Freedom of Speech)
- Government and Mass Communications, 1947
- The Blessings of Liberty, 1956
Chafee's first significant work (Freedom of Speech) established modern First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
theory. Inspired by the United States' suppression of radical speech and ideas during the First World War, Chafee edited and updated a collection of several of his law review articles. In these individual articles-cum-chapters, he assessed significant World War I cases, including those of Emma Goldman
Emma Goldman
Emma Goldman was an anarchist known for her political activism, writing and speeches. She played a pivotal role in the development of anarchist political philosophy in North America and Europe in the first half of the twentieth century....
.
He revised and reissued this work in 1941 as Free Speech in the United States, which became a leading treatise on First Amendment law. His scholarship on civil liberties was a major influence on Oliver Wendell Holmes
Oliver Wendell Holmes, Jr.
Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
' and Louis Brandeis
Louis Brandeis
Louis Dembitz Brandeis ; November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939.He was born in Louisville, Kentucky, to Jewish immigrant parents who raised him in a secular mode...
' post-World War I jurisprudence, which first established the First Amendment as a significant source of civil liberties. Chafee met with Justice Holmes after the Schenck case
Schenck v. United States
Schenck v. United States, , was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I. Ultimately, the case established the "clear and present...
(1919), which upheld a conviction of an activist who encouraged draft resistance, and convinced him that free speech needed greater consideration. Shortly thereafter, Holmes joined Brandeis in a dissent in another World War I dissent case; this dissent is recognized as the foundation of modern First Amendment jurisprudence.
Chafee died in Boston, Massachusetts, on February 8, 1957.
Family
Chafee was the scion of a notable Rhode Island family that traced its Rhode Island lineage back to Roger WilliamsRoger Williams (theologian)
Roger Williams was an English Protestant theologian who was an early proponent of religious freedom and the separation of church and state. In 1636, he began the colony of Providence Plantation, which provided a refuge for religious minorities. Williams started the first Baptist church in America,...
. His father, Zechariah Chafee (Sr.), was long affiliated with Brown University. Chafee's nephew was Senator John Chafee
John Chafee
John Lester Hubbard Chafee was an American politician. He served as an officer in the United States Marine Corps, as the 66th Governor of Rhode Island, as the Secretary of the Navy, and as a United States Senator.-Early life and family:...
and his grandnephew is current Governor and former Senator Lincoln Chafee
Lincoln Chafee
Lincoln Davenport Chafee is an American politician who has been the 74th Governor of Rhode Island since January 2011. Prior to his election as governor, Chafee served in the United States Senate as a Republican from 1999 until losing his Senate re-election bid in 2006 to Democrat Sheldon...
.
Further reading
- Zechariah Chafee, Jr., and Erika S. Chadbourn. The Zecharia Chafee, Jr. Papers (Jan. 1987) (American Legal Manuscripts from the Harvard Law School Library; microform)
External links
- University of Arkansas's Free Speech Philosophers — Zechariah Chafee