Papers, Petitions, and Parades: Free Expression's Pivotal Function in the Early Labor Movement.

In this Article, Jim Hawkins examines in depth the role of expression in the early labor movement. Focusing on the use of the press, publications, petitions, pamphlets and strikes in the labor movement in New York City from 1800 to 1860, the author argues that although the courts failed to protect labor expression, expression nonetheless was an essential weapon in the early labor movement's arsenal. Between 1833 and 1836, the labor movement won three major trials through jury verdicts by appealing directly to the Constitution—an early and successful form of popular constitutionalism. These victories demonstrate the labor movement's ability to influence constitutional culture to broaden the scope of free speech protection for workers and suggest that the early labor movement 's conception of free speech may have paved the way for subsequent movements. [ABSTRACT FROM AUTHOR]