How Free Speech Saved Democracy


Book Description

“A historical demonstration of the indispensability of the First Amendment [and] … an earnest and timely argument for [its] enduring value.” —Kirkus Reviews "Great storytelling about the history and importance of the First Amendment, from someone who has spent his life defending — and using — it." —Mary Beth Tinker Free speech is not an obstacle to change: it is the way change happens Uncovering vivid and engaging stories about First Amendment pioneers, How Free Speech Saved Democracy shows how their struggle made possible the surging protests that aim to expand democracy today. How Free Speech Saved Democracy is a revealing reminder that First Amendment rights have often been curtailed in efforts to block progress, and that current measures to reduce hurtful language and to end hate speech could backfire on those who promote them. To those who see free speech as a threat to democracy, Finan offers engaging evidence from a long and sometimes challenging history of free speech in America to show how free speech has been essential to expanding democracy. From the beginning of American history, free speech has been used to advocate for change. In the 19th century, abolitionists, advocates for women’s rights, and leaders of the labor movement had to fight for free speech. In the 20th century, the civil rights and anti-war movements expanded free speech, creating a shield for every protest movement we see today. Written by a historian who became a full-time defender of civil liberties and has spent four decades advocating for the rights of victims of censorship, this book grew out of Finan’s desire to address the declining support for free speech that is occurring as our country becomes increasingly polarized. Through his evocative storytelling Finan demonstrates how the most effective antidote for the growth of hate speech and violence is support for and cultivation of the robust alternative of free speech.




Free Expression and Democracy


Book Description

An examination of differences in how the world's democracies address a variety of issues involving free expression.




The Taming of Free Speech


Book Description

In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.




From the Palmer Raids to the Patriot Act


Book Description

After Upton Sinclair, famed author of The Jungle, was arrested for reading the First Amendment on Liberty Hill in 1923, The Nation commented: "When we contemplate the antics of the chief of police of Los Angeles, we are deterred from characterizing him as an ass only through fear that such a comparison would lay us open to damages from every self-respecting donkey." In this lively history of our most fundamental and perhaps most vulnerable right, Chris Finan traces the lifeline of free speech from the War on Terror back to the turn of the last century. During the YMCA's 1892 Suppression of Vice campaign, muttonchopped moralist Anthony Comstock railed against writings by that "Irish smut dealer" George Bernard Shaw. In the midst of the country's first Red Scare, the government rounded up thousands of Russian Americans for deportation during the Palmer raids. Decades later, a second Red Scare gripped the country as Senator Joseph McCarthy spearheaded a witch-hunt for "egg-sucking liberals" who defended "Communists and queers." Finan's dramatic review of such touchstones as the Scopes trial and Edward R. Murrow's challenge to Joseph McCarthy are revelatory; many of his narratives are entirely fresh and have as much relevance to our postndash;PATRIOT Act world as his final chapter on the twenty-first century. The story of the fight for free speech, in times of war and peace-when writers, publishers, booksellers, and librarians are often on the front lines-is essential reading. "Christopher Finan has given us a marvelously readable account of the struggle for free speech in the United States. Beginning with the birth of the American civil liberties movement during World War I, Finan traces the often grueling battles over free speech in wartime, book censorhip, McCarthyism, and freedom of the press that have marked the gradual evolution of American freedom. It is a story every American should know, for it is our nation's greatest achievement." -Geoffrey R. Stone, author of Perilous Times: Free Speech in Wartime from The Sedition Act of 1798 to The War on Terrorism "The Founding Fathers gave us the First Amendment, but we have had to fight for free speech. Radicals, reactionaries, feminists, religious zealots, African Americans, Klansmen, college students, even schoolchildren, have played a role in expanding free speech. They are all present in Chris Finan's colorful narrative, which shows how much progress we have made-and how far we have to go." -Nadine Strossen, President of the American Civil Liberties Union and Professor of Law, New York Law School "In this masterful work, Chris Finan deftly chronicles the challenges to free speech in the twentieth century; an accessible, thought provoking history that not only informs, but also engages the reader." -Joyce Meskis, Owner, Tattered Cover Book Store, Denver "Concisely detailed and researched, From the Palmer Raids to the Patriot Act reads like high powered fiction. Characters as diverse as Roger Baldwin, Bernie Sanders, Allen Ginsberg, Fatty Arbuckle, Jane Russell, Anthony Comstock, John Ashcroft and Dwight Eisenhower share the stage to tell the tale of a nation at odds with its Puritan heritage. A timely addition to bookshelves as the United States wrestles with issues of privacy and personal freedoms in an age of terrorism tied to an unpopular war." -Kenton Oliver, Intellectual Freedom Committee Chair, the American Library Association "American history is marred by recurrent episodes of hate-Red scares, super-patriotism, fear of sexual expression. Christopher Finan brilliantly paints that record, and shows how courageous Americans have fought for freedom." -Anthony Lewis, author of Gideon's Trumpet and Make No Law Chris Finan is the president of the American Booksell




Democracy and the Mass Media


Book Description

These essays discuss US policy in regulating the media and the reconciliation of the First Amendment.




How Free Speech Saved Democracy


Book Description

“A historical demonstration of the indispensability of the First Amendment [and] … an earnest and timely argument for [its] enduring value.” —Kirkus Reviews "Great storytelling about the history and importance of the First Amendment, from someone who has spent his life defending — and using — it." —Mary Beth Tinker Free speech is not an obstacle to change: it is the way change happens Uncovering vivid and engaging stories about First Amendment pioneers, How Free Speech Saved Democracy shows how their struggle made possible the surging protests that aim to expand democracy today. How Free Speech Saved Democracy is a revealing reminder that First Amendment rights have often been curtailed in efforts to block progress, and that current measures to reduce hurtful language and to end hate speech could backfire on those who promote them. To those who see free speech as a threat to democracy, Finan offers engaging evidence from a long and sometimes challenging history of free speech in America to show how free speech has been essential to expanding democracy. From the beginning of American history, free speech has been used to advocate for change. In the 19th century, abolitionists, advocates for women’s rights, and leaders of the labor movement had to fight for free speech. In the 20th century, the civil rights and anti-war movements expanded free speech, creating a shield for every protest movement we see today. Written by a historian who became a full-time defender of civil liberties and has spent four decades advocating for the rights of victims of censorship, this book grew out of Finan’s desire to address the declining support for free speech that is occurring as our country becomes increasingly polarized. Through his evocative storytelling Finan demonstrates how the most effective antidote for the growth of hate speech and violence is support for and cultivation of the robust alternative of free speech.




Free Speech


Book Description

“The best history of free speech ever written and the best defense of free speech ever made.” —P.J. O’Rourke Hailed as the “first freedom,” free speech is the bedrock of democracy. But it is a challenging principle, subject to erosion in times of upheaval. Today, in democracies and authoritarian states around the world, it is on the retreat. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Through captivating stories of free speech’s many defenders—from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Rāzī, to the anti-lynching crusader Ida B. Wells and modern-day digital activists—Mchangama reveals how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Yet the desire to restrict speech, too, is a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all stripes. Meticulously researched and deeply humane, Free Speech demonstrates how much we have gained from this principle—and how much we stand to lose without it.




Social Media and Democracy


Book Description

A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.




Free Speech in the Balance


Book Description

Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.




Democracy of Expression


Book Description

Drawing from multiple scholarly fields, Kenyon examines free speech's positive dimensions of enablement and how they can be pursued.