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Free speech treatises

Sep 02, 2007 Free speech treatises

Bill of Rights. (From the public domain.)

Recently on a First Amendment lawyers listserv, some members suggested some useful treatises addressing free speech law in the United States. Some of the following treatises have been around a few decades without being updated with statutory and caselaw changes.

Thanks to the listserv members who suggested the following titles. I have not read many of these treatises, and recognize that some of the authors and I may have some deep disagreements:

A Worthy Tradition, by Harry Kalven.

Emergence of a Free Press (updated from the author’s Legacy of Suppression), by Leonard Levy.

Free Speech in its Forgotten Years, by David M. Rabban.

From the Palmer Raids to the Patriot Act, by Christopher M. Finan.

The First Freedom, by Robert Hargreaves.

Defending Pornography, by Nadine Strossen.

– The Law of Obscenity, by Frederick F. Schauer.

– Also, see the section on First Amendment theory in Laurence Tribe’s American Constitutional Law.

– Also, see Gerald Gunther as a source for analysis on free speech law.

As always, I welcome your comments and e-mails for additional ideas to consider for this and all other Underdog blog entries. Jon Katz.

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