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Emergence of a Free Press [Hardcover]

Leonard W. Levy (Author)
4.0 out of 5 stars  See all reviews (2 customer reviews)


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Book Description

0195035062 978-0195035063 February 21, 1985 Rev Enl
Leonard W. Levy's Legacy of Suppression so disturbed Supreme Court Justice Hugo L. Black that he called it "one of the mosts devastating blows that has been delivered against civil liberty for a long time."

Published in 1960, this book challenged the liberal interpretation of the First Amendment by claiming that the framers of the Constitution intended it only as a protection against the prior restraint of a publication. It was not, Levy vehemently argued, meant to be used as a defense in seditious libel cases. In other words, freedom of the press meant that a publisher had the freedom to publish, but not without impunity.

In Emergence of Free Press, Levy rethinks many of the controversial opinions put forth in the original work. A revised and enlarged edition of the first volume, it offers a more moderate view of the rights guaranteed by the First Amendment. Based on extensive additional research, especially on the newspapers published in Revolutionary America, Levy now concedes that the original interpretation of the First Amendment, even if it wasn't the framer's intention, was broad in scope. "That so many courageous and irresponsible editors risked imprisonment amazes me." he writes. Though he holds to his belief in the writers' intention, he concludes that we don't have to be limited by their narrow view.

"Seldom has a major constitutional scholar reversed his field under such brilliant light and with such a startling admission...Mr. Levy's contribution becomes him. He has learned--which makes him a fine teacher for us all--and he makes us think hard about our Constitution."--The New York Times

"Emergence of a Free Press delivers an even more rousing lesson than its predecessor."--Philadelphia Inquirer



·"A lively and important book."--The Progressive

A major Constitutional scholar rethinks his controversial views about the First Amendment

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Editorial Reviews

Review

[Levy shows a] devotion to the most rigorous standards of restrained, careful scholarship. (Harold M. Hyman American Historical Review )

A wonderful combination of judiciousness and vigor. (Henry Steele Commager ) --This text refers to the Paperback edition.

About the Author

Leonard W. Levy, whose Origins of the Fifth Amendment won the Pulitzer Prize in history, is formerly Earl Warren Professor of Constitutional History at Brandeis University and Andrew W. Mellon All-Claremont Professor of Humanities and History at the Claremont Graduate School. His other writings, many of which have also won awards, include The Palladium of Justice, Blasphemy, The Establishment Clause, Freedom of the Press from Zenger to Jefferson, Original Intent and the Framers' Constitution, and Jefferson and Civil Liberties. He lives in Ashland, Oregon.

--This text refers to the Paperback edition.

Product Details

  • Hardcover: 432 pages
  • Publisher: Oxford University Press, USA; Rev Enl edition (February 21, 1985)
  • Language: English
  • ISBN-10: 0195035062
  • ISBN-13: 978-0195035063
  • Product Dimensions: 9.3 x 6.1 x 1.4 inches
  • Shipping Weight: 15.2 ounces
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #581,259 in Books (See Top 100 in Books)

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7 of 9 people found the following review helpful:
4.0 out of 5 stars Essential reading for press scholars, May 25, 2001
By A Customer
This review is from: Emergence of a Free Press (Hardcover)
This book is essential reading for anyone who is interested in the history of the First Amendment. Levy is the starting point for debate on what freedom of the press meant to the framers of the first amendment. Levy contends that the framers had a very limited conception of freedom of the press, and presents a wealth of evidence of suppression of press freedoms in colonial America. There is a wealth of interesting information in this book, although it is not casual reading by any stretch of the imagination. Moreover, many scholars have criticized Levy for ignoring both the actual practices of colonial printers--who behaved as if they were quite free despite the law--and for ignoring the philosophical contributions of English Whig thinkers to the American conception of press freedom. In my view, you have to start with Levy if you are interested in this topic, but you shouldn't stop with him.
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2 of 2 people found the following review helpful:
4.0 out of 5 stars The Free Press Wasn't Always So Free, December 12, 2007
For anyone seriously interested in the First Amendment, this treatise by Levy is a historical and legal masterwork. Contrary to the typically rosy view of early American history, Levy shows that the idea of a free and unrestrained press was not sacred from the moment the pilgrims touched down, and ensuring a free press via the First Amendment was and is a continual struggle. Plenty of pre-revolution laws restricted the press, with many colonists arbitrarily prosecuted for criticizing those in power. Even after the First Amendment was passed, the free press clause has been periodically assaulted by horrifically misguided laws like the Alien and Sedition Acts of 1798. So despite history class rhetoric about a supposed undying belief in a free press amongst our nation's founders, Levy provides boatloads of evidence that this was not the case in reality, and that a free press could be taken away from us via legal and constitutional arguments that were disturbingly successful in the past.

Beyond these groundbreaking historical insights, which once again are essential to the interested student of First Amendment theory, this book has some real readability issues. First, Levy is unnecessarily obsessed with brain drain words like "calumniate," "animadvertive," "contumacious," and my personal favorite "ipsedixitism." But that's merely a cosmetic quibble. More fundamentally, Levy's historical construction of the book results in a highly repetitive and interminable list of historical events and court cases in which the outcomes were largely the same - a lack of protection for a free press. This is inherently tiresome for the reader because you can figure out the point near the beginning of the book, so the historical coverage becomes mere information overload at a ridiculous level. For the passionate researcher, I would recommend consulting portions of this book individually as robust and authoritative sources on First Amendment history. For the interested reader, prepare for an eventually rewarding read after a long struggle. [~doomsdayer520~]
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Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
crown libels, broad libertarian theory, criminal utterances, free press clause, editor unnamed, new libertarianism, tious libel, revolutionary controversy, concerning libels, verbal crime, mentary privilege, free press guarantee, ratification controversy, unrestrained press, criminal libel, libertarian theorists, federal common law, libel prosecutions, previous restraints, criminal defamation, sedition act, subsequent punishment, colonial printers, press clauses, seditious paper
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, United States, First Amendment, State Trials, Father of Candor, Star Chamber, North Carolina, American Revolution, History of Printing, William Smith, Freedom's Fetters, Junius Wilkes, The Virginia Report, James Wilson, John Adams, New Hampshire, William Bradford, Andrew Hamilton, General Court, James Alexander, Weekly Journal, Annals of Congress, Boston Gazette, House of Commons, Brief Narrative
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