“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.

From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. If the connection between democracy and the freedom of speech is such a vital one, why would so many governmental leaders seek to quiet their citizens? Free Expression and Democracy in America traces two rival traditions in American culture—suppression of speech and dissent as a form of speech—to provide an unparalleled overview of the law, history, and politics of individual rights in the United States. Charting the course of free expression alongside the nation’s political evolution, from the birth of the Constitution to the quagmire of the Vietnam War, Stephen M. Feldman argues that our level of freedom is determined not only by the Supreme Court, but also by cultural, social, and economic forces. Along the way, he pinpoints the struggles of excluded groups—women, African Americans, and laborers—to participate in democratic government as pivotal to the development of free expression. In an age when our freedom of speech is once again at risk, this momentous book will be essential reading for legal historians, political scientists, and history buffs alike.

Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation. -- Akhil Amar, Southmayd Professor, Yale Law School This is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned about freedom of speech and the current state of American democracy. -- Joshua Cohen, Massachusetts Institute of Technology How can our constitutional protection of free speech serve to strengthen democracy? Cass Sunstein challenges conventional answers with a remarkable array of lucid arguments and legal examples. There is no better book on the subject. -- Amy Gutmann, Laurance S. Rockefeller University Professor, Princeton University

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

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

"Should we tolerate speech designed to spread intolerance? As we grope for a response, we find our constitutional and moral imperatives for tolerance and equality in conflict with the equally imperative value of free speech. This is but one of the many such pressing issues dealt with in this timely, important book." "Exploring the question "What should freedom of speech mean in a democracy?," Rodney Smolla argues that it is a value of overarching significance. Freedom of speech, he says, is not merely an aid to self-governance, but is uniquely connected to all that defines the human spirit--to imagination, creativity, enterprise, rationality, love, worship, and wonder." "In a complex modern society, freedom of speech is constantly threatened by other social interests and values, which often seem more important in the short term: national security, personal reputation and privacy, eliminating racism and sexism, instilling values of decency and tolerance in children, controlling the corrupting influences of money on the political process, and bringing order to global electronic communications--all worthy social interests." "Smolla shows how even seemingly reasonable regulation of speech tends to progress inexorably toward censorship. He takes on the difficult issue of Who Decides, and he analyzes symbolic and violent dissent, and the "clear and present danger" doctrine. He probes the disturbing issues of hate speech, obscenity, tolerating intolerance, and truth and falsehood in political campaigns. He looks at personal confidentiality, ponders the possible criteria for creating an objective definition of newsworthiness and public speech--especially with reference to governmental funding of the arts, education, and broadcasting--and explores the implications of the Noriega case, Persian Gulf censorship issues, attempts to export the American concept of free speech, and the challenge of new technologies." "Throughout, the discussion of pros and cons is balanced, yet Smolla helps us see clearly why we should defend vigorously our endangered First Amendment rights."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

This rediscovery of First Amendment rights offers both an engaging constitutional history and insight into contemporary political dialogue and society.