The Fight for Free Speech: Ten Cases That Define Our First Amendment Freedoms

The Fight for Free Speech: Ten Cases That Define Our First Amendment Freedoms

by Ian Rosenberg

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Overview

A user’s guide to understanding contemporary free speech issues in the United States

Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights.

The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.

Product Details

ISBN-13: 9781479801565
Publisher: New York University Press
Publication date: 02/09/2021
Pages: 312
Sales rank: 175,320
Product dimensions: 6.20(w) x 9.10(h) x 1.40(d)

About the Author

Ian Rosenberg is Assistant Chief Counsel at ABC, Inc., where he has provided pre-broadcast counsel for ABC News clients on libel, newsgathering, intellectual property, and FCC regulatory issues since 2003. He graduated with distinction from the University of Wisconsin–Madison, and magna cum laude from Cornell Law School. Rosenberg began his legal career clerking in the Eastern District of New York, and then working as a litigation associate at Cahill Gordon & Reindel. He is also an Emmy-nominated documentary filmmaker and teaches media law at Brooklyn College.

Table of Contents

Introduction 1

1 The Women's March and the Marketplace of Ideas 5

2 Take a Knee and the Pledge of Allegiance 26

3 Libel, Actual Malice, and the Civil Rights Movement 55

4 Student Speech from the Vietnam War to the National School Walkout 74

5 Stormy Daniels, Prior Restraints, and the Pentagon Papers 93

6 Flipping Off the President and Fuck the Draft 111

7 Samantha Bee, Seven Dirty Words, and Indecency 124

8 Saturday Night Live, Hustler, and the Power of Parody 138

9 Nazis in Charlottesville, Funeral Protests, and Speakers We Hate 160

10 Social Media and the "Vast Democratic Forums of the Internet" 182

Afterword 197

Acknowledgments 201

Notes 203

Index 283

About the Author 299

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