The fight for free speech Ten cases that define our First Amendment freedoms

Ian Rosenberg

Book - 2021

"Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question--from student walkouts for gun safety to Samantha Bee's expletives, from neo-Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels-- and then identifies, unpacks, and explains the key Supreme Court case that provides the answers"--Provided by the publisher.

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Subjects
Published
New York : New York University Press [2021]
Language
English
Main Author
Ian Rosenberg (author)
Physical Description
299 pages ; 24 cm
Bibliography
Includes bibliographical references and index.
ISBN
9781479801565
  • Introduction
  • 1. The Women's March and the Marketplace of Ideas
  • 2. Take a Knee and the Pledge of Allegiance
  • 3. Libel, Actual Malice, and the Civil Rights Movement
  • 4. Student Speech from the Vietnam War to the National School Walkout
  • 5. Stormy Daniels, Prior Restraints, and the Pentagon Papers
  • 6. Flipping Off the President and Fuck the Draft
  • 7. Samantha Bee, Seven Dirty Words, and Indecency
  • 8. Saturday Night Live, Hustler, and the Power of Parody
  • 9. Nazis in Charlottesville, Funeral Protests, and Speakers We Hate
  • 10. Social Media and the "Vast Democratic Forums of the Internet"
  • Afterword
  • Acknowledgments
  • Notes
  • Index
  • About the Author
Review by Library Journal Review

Media attorney Rosenberg offers an accessible explanation of the right to free speech, chronicling recent news accounts that involve the First Amendment, then describing relevant Supreme Court cases. At the Women's March of 2017, Madonna stated that she had thought about blowing up the White House. Though she was legally entitled to say so, Rosenberg notes that a century ago, she would have been arrested; Abrams v. United States in 1919 upheld the conviction of Russian Jewish anarchists who had distributed anti-U.S. leaflets. Parkland students were able to organize a nationwide student walkout in part because of Tinker v. Des Moines, which in 1969 recognized high school students' rights to protest the Vietnam War by wearing black armbands. Tackling everything from former NFL player Colin Kaepernick's decision to kneel during the national anthem to the Westboro Baptist Church's picketing of funerals of gay people, the author provides ample historical context. VERDICT Rosenberg presents challenging, provocative material in an engaging manner that will have readers pondering these issues. Anyone interested in the history of free speech and the Supreme Court will enjoy this extensively researched book.--Karen Sandlin Silverman, Mt. Ararat Middle Sch., Topsham, ME

(c) Copyright Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.
Review by Kirkus Book Review

A deep dive into 10 precedent-setting legal actions that helped define the scope--and limits--of the First Amendment. "Most of my career has focused on explaining complicated legal concepts to smart people who are not lawyers," writes media lawyer Rosenberg. His approach is admirably free of legal locutions, though his discussions of some concepts are subtle. Consider two cases that formed the precedent for whether a government can compel expression regarding the Pledge of Allegiance--which, until 1942, was accompanied by a salute uncomfortably like that of the Nazis. Religious in origin, the objections to reciting the pledge came from Christians who believed that to do so would be to worship a graven image. The Supreme Court eventually agreed, though it has remained reticent on the question of whether municipalities and other governments can compel a person to sing the national anthem. Situated within the same general legal domain are such matters as former NFL quarterback Colin Kaepernick's habit of taking a knee during the anthem to protest police brutality, which excited angry commentary from the Trump administration, some of whose principals have demanded overhauling libel laws to suppress criticism. That's unlikely to happen given the court's widespread acceptance of the argument, advanced by Oliver Wendell Holmes Jr., that "the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out." This broad interpretation allowed Madonna to muse about blowing up the White House when Trump took office, just as it protected students prosecuted in the 1960s for their slogan "Fuck the draft." The toughest nut in the book is the dividing line between hate speech and free speech, a discussion that anyone in media and legal circles will want to study closely. Essential reading for journalists, political activists, and ordinary citizens alike. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.