Customer Reviews

Free Speech in an Open Society

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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 This influential tome from Rodney Smolla is a bit outdated (dealing largely with events of the late 80s and early 90s) and he tends to dwell too much on trials with which he personally disagrees.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~]

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.