Introduction; Part I. Core Values: 1. Instrumental value arguments for free speech; 2. Intrinsic value arguments for free speech; 3. Free expression and due process values; 4. The everyday first amendment; Part II. History: 5. The First amendment prior to 1919; 6. The first amendment from 1919-1963; 7. The first amendment from 1964–present: Free speech broadened and compartmentalized; 8. The first amendment from 1964–present: Hard cases; Part III. Basic Principles: 9. Content and viewpoint restrictions are disfavored; 10. Vagueness and overbreadth are special concerns; 11. Exceptions must be limited and narrowly crafted; Part IV. Current Controversies: 12. Hate speech; 13. Campaign finance regulation; 14. Speech in public schools; 15. Academic freedom; 16. Speech on the internet.
This book provides a readable and comprehensive overview of the history, theory, law, and current debates over freedom of speech.
Len Niehoff is Professor from Practice at the University of Michigan Law School, where he teaches First Amendment and media law. He has practiced First Amendment law for almost forty years, representing journalists and media outlets in numerous cases. He is the author of more than 100 publications. Tom Sullivan is President Emeritus and Professor of Law and Political Science at the University of Vermont. Previously he served as Provost at the University of Minnesota and Dean at the University of Minnesota and University of Arizona law schools. He is the author of 12 books and over 75 articles and essays.
Niehoff and Sullivan are sure-footed and lucid guides to a legal
terrain of greater scope and variety than the basic idea of free
speech might suggest. The book is skillfully organized, with just
the right mix of case description, historical perspective,
storytelling, critique, and explanatory synthesis. It fills a need,
and fills it better than I would have thought possible. Vincent
Blasi, Corliss Lamont Professor of Civil Liberties, Columbia Law
School
This book is a 'must read' for journalism and law students. This
book helps answer a very important question today's young people
have seldom contemplated: 'Why do we need a First Amendment
anyway?' Not only is the book ideal for journalism, law and
government curricula, it is a wonderful example of public
scholarship that will inspire thoughtful conversations about First
Amendment rights. Lucy Dalglish, Dean of the Philip Merrill College
of Journalism, University of Maryland, and former newspaper
reporter, editor, and Executive Director of the Reporters Committee
for Freedom of the Press
Niehoff and Sullivan's Free Speech makes important contributions to
First Amendment scholarship while remaining accessible to any
general reader curious about the subject. It does an admirable job
of explaining free speech theory, the major Supreme Court cases,
and the controversies that continue to make this an endlessly
fascinating topic. Nadine Strossen, John Marshall Harlan II
Professor of Law Emerita, New York Law School, and former President
of the American Civil Liberties Union
Professors Niehoff and Sullivan have written an accessible guide to
the philosophy underlying the idea of free expression, to the
history and contemporary content of First Amendment doctrine, and
to contemporary controversies about speech on college campuses and
the Internet, academic freedom, the cancel culture, and more. Their
comprehensive discussion will help readers to think carefully and
critically about issues that roil our politics today. Mark Tushnet,
William Nelson Cromwell Professor of Law emeritus, Harvard Law
School
Leonard Niehoff and Tom Sullivan make a remarkable contribution to
public understanding of free speech history, doctrine, and current
debates about the limits of free expression. The book is
fair-minded, accessible to a lay audience, and thoughtful about the
complexities of balancing of concerns that are both
constitutionally relevant but also morally relevant, especially to
those who embrace democratic principles that serve justice ends.
The book should be of interest to all who care about the First
Amendment as a matter of law, but also what they term the Everyday
First Amendment as a shared responsibility and action—even when it
lies beyond the legal doctrine's reach. Toni M. Massaro, Regents
Professor and Milton O. Riepe Chair in Constitutional Law,
University of Arizona, and author of Constitutional Literacy: A
Core Curriculum for a Multicultural Nation
This book provides an elegant yet comprehensive approach to
understanding First Amendment doctrine, including thoughtful
discussion of current controversies. Written by genuine experts, it
delivers the history and nuance required to have a reasoned debate
about the ideal scope of free speech and exposes the difficulty of
seeking simplistic answers. Ashley Messenger, First Amendment and
Media Lawyer at National Public Radio and author of Media Law: A
Practical Guide
Free Speech is a tour de force in First Amendment scholarship. It
answers the question 'Why is freedom of speech a constant
challenge?' for intelligent non-specialist readers. Written in
plain English and full of penetrating insights, the book examines
nearly all the key free speech issues under United States law and
does so authoritatively. The occasional contextual note on
international law also offers a refreshing additional perspective.
Kyu Ho Youm, Professor and Jonathan Marshall First Amendment Chair,
University of Oregon School of Journalism and Communication
With Free Speech: From Core Values to Current Debates,
Niehoff and Sullivan have written an accessible and entertaining
one-volume encyclopedia of the First Amendment's speech clause.
Written with authority, elegance and style, the book is an
intelligent person's guide to the historical background, legal
precedents, and current controversies that drive the debate over
how "free" speech should be. Jane Kirtley, Silha Professor of Media
Ethics and Law, Hubbard School of Journalism and Mass
Communication, University of Minnesota
Niehoff and Sullivan's review of First Amendment law has many
strengths: clarity and readability, an embrace of free speech
values that does not slight opposing interests, and an important
insight into the role of due process concerns in shaping judicial
doctrine. Students, general readers, and scholars will all find the
book valuable. Dan Farber, Sho Sato Professor of Law, University of
California, Berkeley
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