Among the casualties of World War I and the 1920s was Progressivism’s faith that an active federal government embodied the national purpose and enhanced the enjoyment of freedom. Wartime and postwar repression, Prohibition, and the pro-business policies of the 1920s all illustrated, in the eyes of many Progressives, how public power could go grievously wrong.

This lesson opened the door to a new appreciation of civil liberties— rights an individual may assert even against democratic majorities—as essential elements of American freedom. Building on prewar struggles for freedom of expression by labor unions, socialists, and birth-control advocates, some reformers now developed a greater appreciation of the necessity of vibrant, unrestricted political debate. In the name of a “new freedom for the individual,” the 1920s saw the birth of a coherent concept of civil liberties and the beginnings of significant legal protection for freedom of speech against the government.


Wartime repression continued into the 1920s. Under the heading “Sweet Land of Liberty,” The Nation magazine in 1923 detailed recent examples of the degradation of American freedom—lynchings in Alabama, Arkansas, and Florida; the beating by Columbia University students of an undergraduate who had written a letter defending freedom of speech and the press; the arrest of a union leader in New Jersey and 400 members of the IWW in California; refusal to allow a socialist to speak in Pennsylvania. Throughout the 1920s, artistic works with sexual themes were subjected to rigorous censorship. The Postal Service removed from the mails books it deemed obscene. The Customs Service barred works by the sixteenth-century French satirist Rabelais, the modern novelist James Joyce, and many others from entering the country. A local crusade against indecency made the phrase “Banned in Boston” a term of ridicule among upholders of artistic freedom. Boston’s Watch and Ward Committee excluded sixty-five books from the city’s bookstores, including works by the novelists Upton Sinclair, Theodore Dreiser, and Ernest Hemingway.

Hollywood producers feared that publicity over actress Mary Pickford’s divorce, actor Wallace Reid’s death from a drug overdose, and a murder trial involving actor Fatty Arbuckle would reinforce the belief that movies promoted immorality. In 1922, the film industry adopted the Hays code, a sporadically enforced set of guidelines that prohibited movies from depicting nudity, long kisses, and adultery, and barred scripts that portrayed clergymen in a negative light or criminals sympathetically. (The code in some ways anticipated recent efforts by television networks, music companies, and video game producers to adopt self-imposed guidelines to fend off governmental regulation.) Filmmakers hoped that self-censorship would prevent censorship by local governments, a not uncommon occurrence since the courts deemed movies a business subject to regulation, not a form of expression. Not until 1951, in a case involving The Miracle, a film many Catholics found offensive, would the Supreme Court declare movies an artistic form protected by the First Amendment.

Even as Europeans turned in increasing numbers to American popular culture and consumer goods, some came to view the country as a repressive cultural wasteland. Americans, commented the British novelist D. H. Lawrence, who lived for a time in the United States, prided themselves on being the “land of the free,” but “the free mob” had destroyed the right to dissent. “I have never been in any country,” he wrote, “where the individual has such an abject fear of his fellow countrymen.” Disillusionment with the conservatism of American politics and the materialism of the culture inspired some American artists and writers to emigrate to Paris. The Lost Generation of cultural exiles included novelists and poets like Ernest Hemingway, Gertrude Stein, and F. Scott Fitzgerald. Europe, they felt, valued art and culture, and appreciated unrestrained freedom of expression (and, of course, allowed individuals to drink legally).

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