This grand tour of First Amendment law underlines the intimate connection between free expression and democratic values as it leads us through the most treacherous and emotionally charged cases in American jurisprudence. “Intellectually venturesome. . . .”—The New York Times Book Review
Free Speech in an Open Society
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Editorial Reviews
From Publishers Weekly
Smolla offers an eloquent, carefully reasoned brief for society's need to protect citizens from the government's inherent proclivity to engage in censorship and secrecy.
Copyright 1993 Reed Business Information, Inc.
Copyright 1993 Reed Business Information, Inc.
From Kirkus Reviews
A superb exposition of the significance of free speech and an analysis of how to preserve it in our increasingly complex society. Smolla (Law/Marshall-Wythe School of Law at William and Mary College) makes a case for an open culture--one in which free-speech values pervade and permit a robust and open exchange of ideas. Seeing the achievement of such a culture as ``an aspiration of transcendent importance,'' he envisions a society in which free speech is seen both as a means of testing and choosing the best ideas--the ``marketplace'' rationale for free speech--and as an end in itself. Smolla demonstrates, however, that, in practice, society attempts to establish limits on speech that often lead to significant diminution of speech. He analyzes the possible harms of speech--to persons and property; to social, transactional, and business relationships; to individuals and to communal sensibilities--and creates a theoretical hierarchy of harms that, in his view, can create a theoretical basis for regulating speech (how his theory can be reconciled with the absolutist language of the First Amendment is not clear). After discussing this theoretical groundwork, Smolla examines the application of free- speech principles in practical situations, which he divides broadly into political speech (such as hate speech, obscenity, individual privacy, and public funding of the arts) and issues raised by newsgathering (such as censorship in the Persian Gulf War, the attempt to restrain release of tapes in the Noriega case, and the challenges posed by new technologies). Avoiding easy answers, the author demonstrates an acute sensitivity to the importance of preserving free speech while recognizing the practical problems faced by policy-makers. Smolla takes a scholarly--yet accessible--approach to his subject and displays a sure knowledge of recent First Amendment jurisprudence. An excellent and important work. -- Copyright ©1992, Kirkus Associates, LP. All rights reserved.
--This text refers to an out of print or unavailable edition of this title.
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Most Helpful Customer Reviews
4 of 4 people found the following review helpful:
5.0 out of 5 stars
Fear the Censor, Not the Speaker,
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This review is from: Free Speech in an Open Society (Paperback)
The legal issues behind free speech are far more complicated than most people suspect, upon reading the mere 45 words of the First Amendment. That's why in-depth exploratory books like this are necessary. This influential tome from Rodney Smolla is a bit outdated (dealing largely with events of the late 80s and early 90s) and he tends to dwell too much on trials with which he personally disagrees. However, this book is a classic examination of free speech jurisprudence with some winning insights. Of further interest is Smolla's coverage of jurisprudential areas that are rarely noticed by citizens, such as arts funding, public locations, and rights vs. privileges. Beneath the coverage of particular precedent-setting trials and intricate legal analysis, Smolla works from some very intriguing foundations, with an eye on the democratic and fraternal theories of free speech that inspired the Founding Fathers to create the First Amendment. Fundamentally, Smolla contends that any government by nature will tend to censor speech, with claims of security and morality. But history proves that such concerns are usually hyperbole for purposes of eroding civil liberties, and that censorship is far more dangerous and damaging to liberty and freedom than instances of speech with which the government or certain people might be uncomfortable. This book is so wide-ranging that it's probably impossible to agree with all of Smolla's contentions (I especially disagree with his views on the freedom of corporations to influence politics), but his basic jurisprudential focus is completely successful and enlightening. [~doomsdayer520~]
6 of 9 people found the following review helpful:
5.0 out of 5 stars
This is a great book for anyone teaching free speech!,
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This review is from: Free Speech in an Open Society (Paperback)
This is a great book on both theories of free speech and the related legal issues that surround this topic. It is a real eye-opener for students.
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