Freedom for the Thought That We Hate
A Biography of the First Amendment
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- $10.99
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- $10.99
Publisher Description
More than any other people on earth, Americans are free to say and write what they think. The media can air the secrets of the White House, the boardroom, or the bedroom with little fear of punishment or penalty. The reason for this extraordinary freedom is not a superior culture of tolerance, but just fourteen words in our most fundamental legal document: the free expression clauses of the First Amendment to the Constitution. In Lewis's telling, the story of how the right of free expression evolved along with our nation makes a compelling case for the adaptability of our constitution. Although Americans have gleefully and sometimes outrageously exercised their right to free speech since before the nation's founding, the Supreme Court did not begin to recognize this right until 1919. Freedom of speech and the press as we know it today is surprisingly recent. Anthony Lewis tells us how these rights were created, revealing a story of hard choices, heroic (and some less heroic) judges, and fascinating and eccentric defendants who forced the legal system to come face-to-face with one of America's great founding ideas.
PUBLISHERS WEEKLY
The First Amendment's injunction that "Congress shall make no law... abridging the freedom of speech, or of the press" seems cut and dried, but its application has had a vexed history, according to this lucid legal history, Lewis's first book in 15 years (after Make No Law and Gideon's Trumpet). Some suppressions of free speech passed constitutional muster in their day: the 1798 Sedition Act criminalized criticism of the president, and the WWI-era Sedition Act sentenced a minister to 15 years in prison for telling his Bible class that "a Christian can take no part in the war." Law professor and Pulitzer Prize winning ex-New York Times columnist Lewis explores other First Amendment legal quagmires, including libel law, privacy issues, the press's shielding of confidential sources, obscenity and hate speech. Not quite a free speech absolutist, he's for punishing "speech that urges terrorist violence to an audience... whose members are ready to act." Lewis's story is about the advancement of freedom by the likes of Oliver Wendell Holmes Jr., Louis Brandeis and others whose "bold judicial decisions have made the country what it is." The result is an occasionally stirring account of America's evolving idea of liberty.