First Civil Right

Free speech is a human right, and the free expression of thought is at the very essence of being human. The United States was founded on this premise, and the First Amendment remains the single greatest constitutional commitment to the right of free expression in history. Yet there is a systemic effort to bar opposing viewpoints on subjects ranging from racial discrimination to police abuse, from climate change to gender equity. The Indispensable Right places the current attacks on free speech in their proper historical, legal, and political context.

The Civil War brought to a climax the country's bitter division. But the beginnings of slavery's denouement can be traced to a courageous band of ordinary Americans, black and white, slave and free, who joined forces to create what would come to be known as the Underground Railroad, a movement that occupies as romantic a place in the nation's imagination as the Lewis and Clark expedition.

The half-century before the Civil War was beset with conflict over equality as well as freedom. Beginning in 1803, many free states, claiming the authority to maintain the domestic peace, enacted laws that discouraged free African Americans from settling their boundaries and restricted the rights to testify in court, move freely from place to place, work, vote, and attend public school. But over time, African American activists and their white allies, often facing mob violence, courageously built a movement to fight these racist laws.

In Fearless Speech, Dr. Mary Anne Franks emphasizes the distinction between what speech a democratic society should protect and what speech a democratic society should promote. While the First Amendment in theory is politically neutral, in practice it has been legally deployed most visibly and effectively to promote powerful antidemocratic interests: misogyny, racism, religious zealotry, and corporate self-interest—in other words, reckless speech. Instead, Franks argues, we need to focus on fearless speech.

Most people have heard about Rosa Parks’s brave actions that led to the Montgomery Bus Boycott of 1955. But there were other Black women who challenged segregation in transportation. Three years earlier, Sarah Keys Evans—a veteran—refused to give up her seat on a bus traveling through the South.

On February 22, 1855, the Elizabeth Jennings v. Third Avenue Rail Road case was settled: The jury stunned the courtroom with a $250 verdict in Lizzie’s favor. Future president Chester A. Arthur was Jennings’ attorney, and their lives would be forever intertwined. This is the story of what happened that day. It’s also the story of Jennings and Arthur’s families, the struggle for equality, and race relations. It’s the history of America at its most despicable and exhilarating. Yet few historians know of Elizabeth Jennings or her impact on desegregating public transit.

There's a critical debate taking place over one of our most treasured rights: free speech. We argue about whether it's at risk, whether college students fear it, whether neo-Nazis deserve it, and whether the government is adequately upholding it. But as P. E. Moskowitz provocatively shows in The Case Against Free Speech, the term has been defined and redefined to suit those in power, and in recent years, it has been captured by the Right to push their agenda. What's more, our investment in the First Amendment obscures an uncomfortable truth

The Iran hostage crisis was a watershed moment in American history. It was America's first showdown with Islamic fundamentalism, a confrontation at the forefront of American policy to this day. It was also a powerful dramatic story that captivated the American people, launched yellow-ribbon campaigns, made celebrities of the hostage's families, and crippled the reelection campaign of President Jimmy Carter.

This concise but comprehensive book lays out specific answers to myriad topical questions about free speech law, and also general explanations of how and why the law distinguishes between protected and punishable speech. The book focuses on modern First Amendment law, explaining the historic factors that propelled its evolution in a more speech-protective direction—in particular, the Civil Rights Movement. It highlights the many cases, involving multiple issues, in which robust speech-protective principles aided advocates of racial justice and other human rights causes.

Free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States.

How does the First Amendment really work? Is it a principle or a value? What is hate speech and should it always be banned? Are we free to declare our religious beliefs in the public square? What role, if any, should companies like Facebook play in policing the exchange of thoughts, ideas, and opinions? With clarity and power, Stanley Fish explores these complex questions in The First.

As a proud son of a civil rights leader, Steven L. Reed grew up hearing stories about how his father integrated Montgomery lunch counters and took advice directly from Dr. Martin Luther King Jr. and Reverend Ralph Abernathy. However, it wasn’t until Reed was in the fourth grade and received a death threat against his father that he began to understand more fully the importance of the lessons his father was trying to impart. At this pivotal moment, his father explained, “My job is to prepare you to be a cross-bearer and not just a crown-wearer.

Highlighting forgotten Black and White civil rights pioneers and weaving in the story of the author's own great-grandfather's crimes as a member of the Ku Klux Klan, Freedom on Trial tells a gripping story of a moment pregnant with promise when race relations in the United States might have taken a dramatically different turn.

In collaboration with the ACLU, authors Michael Chabon and Ayelet Waldman have curated an anthology of essays about landmark cases in the organization’s 100-year history. Fight of the Century takes you inside the trials and the stories that have shaped modern life. Some of the most prominent cases that the ACLU has been involved in - Brown v. Board of Education, Roe v. Wade, Miranda v. Arizona - need little introduction. Others you may never even have heard of, yet their outcomes quietly defined the world we live in now.

Freedom’s Detective reveals the untold story of the Reconstruction-era US Secret Service and their battle against the Ku Klux Klan, through the career of its controversial chief, Hiram C. Whitle.

The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution - the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world.

Who were the first American slaves? More importantly, who started slavery? Know the answers to these interesting questions and more by listening to this history book. Learning history can be a lot of fun if a child is equipped with interesting and appropriate resources.

When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky's background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right.

More than any other people on earth, Americans are free to say and write what they think. The reason for this extraordinary freedom is not a superior culture of tolerance, but just 14 words in our most fundamental legal document: the free expression clauses of the First Amendment to the Constitution.

Anthony Lewis tells us how these rights were created, revealing a story of hard choices, heroic (and some less heroic) judges, and fascinating and eccentric defendants who forced the legal system to come face-to-face with one of America's great founding ideas.

When the United States government passed the Bill of Rights in 1791, its uncompromising protection of speech and of the press were unlike anything the world had ever seen before. But by 1798, the once-dazzling young republic of the United States was on the verge of collapse. Suddenly, the First Amendment, which protected harsh commentary of the weak government, no longer seemed as practical. So that July, President John Adams and the Federalists in control of Congress passed an extreme piece of legislation that made criticism of the government and its leaders a crime.