Freedom of Speech and Arkansas Criminal Anarchy Arrests

126 Pages·2016·0.58 MB·English

by  Jamie Leto Kern

UUnniivveerrssiittyy ooff AArrkkaannssaass,, FFaayyeetttteevviillllee
SScchhoollaarrWWoorrkkss@@UUAARRKK
Graduate Theses and Dissertations
8-2012
TThhee PPrriiccee ooff DDiisssseenntt:: FFrreeeeddoomm ooff SSppeeeecchh aanndd AArrkkaannssaass CCrriimmiinnaall
AAnnaarrcchhyy AArrrreessttss
Jamie Leto Kern
University of Arkansas, Fayetteville
Follow this and additional works at: https://scholarworks.uark.edu/etd
Part of the Criminology and Criminal Justice Commons, Social Influence and Political Communication
Commons, and the United States History Commons
CCiittaattiioonn
Kern, J. L. (2012). The Price of Dissent: Freedom of Speech and Arkansas Criminal Anarchy Arrests.
Graduate Theses and Dissertations Retrieved from https://scholarworks.uark.edu/etd/475
This Thesis is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion
in Graduate Theses and Dissertations by an authorized administrator of ScholarWorks@UARK. For more
information, please contact [email protected].

THE PRICE OF DISSENT:
FREEDOM OF SPEECH AND ARKANSAS CRIMINAL ANARCHY ARRESTS
THE PRICE OF DISSENT:
FREEDOM OF SPEECH AND ARKANSAS CRIMINAL ANARCHY ARRESTS

A thesis submitted in partial fulfillment
of the requirements for the degree of
Master of Arts in Communication

By

Jamie Kern
Henderson State University
Bachelor of Arts in Communication, 2009

August 2012
University of Arkansas
ABSTRACT
Following World War I and the Bolshevik Revolutions, America’s Red Scare began,
inciting fanatical patriotism and an alleged threat of anarchy that gripped a nation with fear.
Paranoia about communists, socialists, and anarchists divided the country and resulted in many
states, including Arkansas, passing criminal anarchy laws. Since a majority of those accused of
anti-American activities were involved in labor disputes, Arkansas makes for an interesting case
study; not only did it have a relative lack of labor disputes, it still passed anti-Bolshevik laws.
The purpose of this research is to develop an understanding of the ways in which
dissenters have been effectively silenced by the controlling power and the consequences of that
hegemonic silence. To illustrate this, I will use a First Amendment framework to examine four
incidents: the 1934 arrest of George Cruz in Mississippi County; the 1935 arrest of Ward
Rodgers in Poinsett County; the 1935 arrest of Horace Bryan in Sebastian County; and the 1940
arrest of Nathan Oser in Polk County. In analyzing these cases, I argue that limitations on
freedom of speech serve the agenda of the establishment. Furthermore, these limitations serve to
economically punish dissenters and rhetorical construct dissenters as criminals.
This study proposes a new perspective on the negative effect that First Amendment
limitations can have on America society. These cases are indicative of the politically charged
environment that existed in the South during the Red Scare and illustrate the ways that power is
used to silence poor and working class Americans.
This thesis is approved for recommendation
to the Graduate Council.

Thesis Director:

______________________________
Dr. Stephen Smith

Thesis Committee:

______________________________
Dr. Frank Scheide

______________________________
Dr. Patrick Williams
THESIS DUPLICATION RELEASE

I hereby authorize the University of Arkansas Libraries to duplicate this thesis when
needed for research and/or scholarship.

Agreed _____________________________________
Jamie Kern

Refused _____________________________________
Jamie Kern
ACKNOWLEDGEMENTS
First and foremost, I want to express my deepest and sincerest gratitude to my thesis
advisor, Dr. Stephen Smith, who has supported me throughout this process with his patience and
expertise. Most importantly, I want to thank him for helping me find my passion for research,
history, and dissent. Thank you for your encouragement, your knowledge, and your friendship. I
am eternally grateful. I must also extend a special thanks to Dr. Frank Scheide and Dr. Patrick
Williams for serving on my thesis committee and sharing my passion for history.
I am also so grateful to my best friend Amanda Nell Edgar. I would have never made it
through graduate school if it weren’t for her support. You are always there for me whether it’s to
listen to my ideas or offer me moral support. For all of that and more, thank you. I also owe a
great deal of gratitude to Jeremy Stark whose love and tolerance helped me get through this
project.
Most importantly, I am forever grateful to my parents, Robin Kern and Laura Leto and to
my sister Gina Zantow. Thank you, Mom, for providing me with a real life model of bravery and
integrity. Anyone would be fortunate to know you; I have the added honor of calling you
“Mom.” Thank you, Dad, for always being there to listen during this process when I needed to
talk, rant, or cry. I am still trying to achieve your level of patience. Thank you, Gina, always
being there for me. It means more than you know.
TABLE OF CONTENTS

Chapter 1: Introduction to the Study 1

Chapter 2: History: History of Freedom of Speech in the United States 12
Chapter 3: The Arrest of George Cruz in Mississippi County 28
Chapter 4: The Arrest of Ward Rodgers in Poinsett County 48
Chapter 5: The Arrest of Horace Bryan in Sebastian County 68

Chapter 6: The Charges against Commonwealth College and the Arrest of Nathan Oser in Polk
County 85
Chapter 7: Conclusion 102

Bibliography 111
1
CHAPTER 1
INTRODUCTION TO THE STUDY
“Congress shall make no law … abridging the freedom of speech or of the
press; or the right of the people peaceable to assemble, and to petition the
government for a redress of grievances.”

— The First Amendment of the United States Constitution1

In any society, the general opinion of agitators is greatly impacted by the local and
federal government’s response to the dissenting message. In the years that followed the
American Revolution, the meaning of the revolutionary transformed from hero and freedom-
seeker to traitor and malefactor. Revolutionaries, once renowned for their valorous quest of
liberty, were accused by the local and federal governments of threatening peace and freedom by
speaking out against the government.
Regardless of the nature of one’s cause, the First Amendment guarantees citizens of the
United States speech that is free.2 However, there have been many instances of the government
overstepping its bounds in attempts to silence the public that dared to disagree. From criminal
anarchy and syndicalism charges to the scornful treatment of those involved in social
movements, American criminal law has been used to eliminate anyone that presents a threat.
There exists an ongoing struggle between liberty and power. Thus, understanding how the
agitator has been both legally and culturally controlled by the federal and local United States
government is critical to the advancement of contemporary social aspirations.
If, indeed, freedom of speech should be unabridged as the Constitution so promises, then
specific case studies evidencing violations of these inherent rights become useful tools for

1 U. S. Constitution, amend. 1.
2 U. S. Constitution, amend. 1.