Judging Jehovah's Witnesses
Religious Persecution and the Dawn
of the Rights Revolution
Shawn Francis Peters
New in Paperback: February 2002
April 2000
352 pages, 24 photographs, 6 x 9
Paper ISBN 978-0-7006-1182-9, $17.95
WINNER OF THE SCRIBES AWARD GIVEN BY THE AMERICAN SOCIETY
OF WRITERS ON LEGAL SUBJECTS
FINALIST, SILVER GAVEL AWARD, AMERICAN BAR ASSOCIATION
WASHINGTON POST BOOK WORLD NOTABLE BOOK IN RELIGION
AND PHILOSOPHY
WINNER OF THE WISCONSIN LIBRARY ASSOCIATION's OUTSTANDING
ACHIEVEMENT AWARD
While millions of Americans were
defending liberty against the Nazis, liberty was under vicious
attack at home. One of the worst outbreaks of religious persecution
in U.S. history occurred during World War II when Jehovah's Witnesses
were intimidated, beaten, and even imprisoned for refusing to
salute the flag or serve in the armed forces.
Determined to claim their First Amendment rights, Jehovah's
Witnesses waged a tenacious legal campaign that led to twenty-three
Supreme Court rulings between 1938 and 1946. Now Shawn Peters
has written the first complete account of the personalities,
events, and institutions behind those cases, showing that they
were more than vindication for unpopular beliefs--they were also
a turning point in the nation's constitutional commitment to
individual rights.
Peters begins with the story of Walter Gobitas, a Jehovah's
Witness whose children refused to salute the flag at school.
He follows this famous case to the Supreme Court where he captures
the intellectual sparring between Justices Frankfurter and Stone
over individual liberties; then he describes the aftermath of
the Court's ruling against Gobitas when angry mobs savagely assaulted
Jehovah's Witnesses in hundreds of communities across America.
Judging Jehovah's Witnesses tells how persecution--much
of it directed by members of patriotic organizations like the
American Legion--touched the lives of Witnesses of all ages;
why the Justice Department and state officials ignored the Witnesses'
pleas for relief; and how the ACLU and liberal clergymen finally
stepped forward to help them. Drawing on interviews with Witnesses
and extensive research in ACLU archives, Peters examines the
strategies that beleaguered Witnesses used to combat discrimination
and goes beyond the familiar Supreme Court rulings by analyzing
more obscure lower court decisions as well.
By vigorously pursuing their cause, the Witnesses helped to
inaugurate an era in which individual and minority rights emerged
as matters of concern for the Supreme Court and foreshadowed
events in the civil rights movement. Like the classics Gideon's
Trumpet and Simple Justice, Judging Jehovah's Witnesses
vividly narrates a moving human drama while reminding us of the
true meaning of our Constitution and the rights it protects.
"Peters successfully uses the Witnesses' simple but eloquent
voices to tell a remarkable story that lays bare the extremes
of cowardice and courage so often found in nations engrossed
by war."--American Historical Review
"The stories of persecution are horrendous, and Peters
tells them with sympathy and remarkable attention to detail and
context."--Journal of American History
"With a journalistic eye, Peters presents the convergence
of nationalistic paranoia, the distrust that erupted into violence,
and palpable religious bigotry against the Jehovah's Witnesses
during the 1930s and 1940s. . . .This legal history, in the vein
of Harold Berman's Law and Revolution, tells us as much
about the intricacies of jurisprudence as it does our own shameful
past. This engrossing study depends primarily on firsthand testimony,
ACLU documents, and legal briefs. . . .Chock-full of primary
resources, this is recommended reading for American and religious
historians as well as for those interested in the history of
persecution."--Library Journal
"A vivid depiction of the hysterical and brutal suppression
of the Witnesses during the 1930s and 1940s and how their legal
resistance transformed the civil liberties of all Americans.
A story of cowardice and courage, well told."--Norman
Dorsen, Stokes Professor, NYU, and president, ACLU 19761991
"A marvelous and long-needed book."--Nat Hentoff,
author of Living the Bill of Rights
"An excellent and refreshing reminder that not a single
legal doctrine matters at all except as it comes to bear on the
lives of flesh-and-blood people."--Kenneth Karst,
author of Belonging to America
"A fine work. Thoroughly researched, smoothly written,
and a genuine pleasure to read."--Tinsley Yarbrough,
author of Judicial Enigma: The First Justice Harlan
SHAWN FRANCIS PETERS has taught writing and rhetoric
at the universities of New Hampshire and Iowa and is currently
with the School of Journalism and Mass Communication at the University
of Wisconsin-Madison.
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