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The Indispensable Right: Free Speech in an Age of Rage Kindle Edition
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. These measures are reinforced by the public’s anger and rage; flash mobs appear today with the slightest provocation. We all lash out against anyone or anything that stands against our preferred certainty.
The Indispensable Right places the current attacks on free speech in their proper historical, legal, and political context. The Constitution and the Bill of Rights were not only written for times like these, but in a time like this. This country was born in an age of rage and for 250 years we have periodically lost sight of the value of free expression. The history of the struggle for free speech is the story of extraordinary people—nonconformists who refuse to yield to abusive authority—and here is a mosaic of vivid characters and controversies.
Jonathan Turley takes you through the figures and failures that have shaped us and then shows the unique dangers of our current moment. The alliance of academic, media, and corporate interests with the government’s traditional wish to control speech has put us on an almost irresistible path toward censorship. The Indispensable Right reminds us that we remain a nation grappling with the implications of free expression and with the limits of our tolerance for the speech of others. For rather than a political crisis, this is a crisis of faith.
- LanguageEnglish
- PublisherSimon & Schuster
- Publication dateJune 18, 2024
- File size42896 KB
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Editorial Reviews
Review
—The Wall Street Journal
“Extraordinary and needed.”
—Keith E. Whittington, William Nelson Cromwell professor of politics at Princeton University
The Indispensable Right is a courageous, provocative case by one of America’s most prolific public intellectuals for resurrecting natural law or embracing an autonomous basis for the protection of free speech. Not all First Amendment defenders will be persuaded––but one needn’t sign on to Turley’s robust view of free speech to appreciate the unique clarity and deep historical research he brings to his argument. Read this insightful book to understand the peril of today’s broad-based assault on free speech.
—Michael J. Glennon, Professor of Constitutional and International Law, Tufts University, author of Free Speech and Turbulent Freedom: The Dangerous Allure of Censorship in the Digital Era.
"Jonathan Turley’s magnum opus should be required reading for everyone who cares about free speech—certainly including anyone who questions or criticizes strong free speech protection. This a unique synthesis of the historical, philosophical, artistic, and even physiological bases for protecting free speech as a right to which all human beings are inherently entitled, and Turley provides riveting accounts of the courageous individuals, throughout history, who have struggled and sacrificed in order to exercise and defend the right. The Indispensable Right is an indispensable book."
—Nadine Strossen, former president of the American Civil Liberties Union
"Brilliant and intellectually honest, Jonathan Turley has few peers as a legal scholar today. With The Indispensable Right, he has given us a robust reexamination and defense of free speech as a right. Rich with historical content and insight, this superbly-written book calls out both the left and the right for attacks on free speech while offering in the final chapter a path forward."
—William P. Barr, former Attorney General and author of the No. 1 New York Times bestseller One Damn Thing After Another.
"This efficient volume is packed with indispensable information delivered with proper passion. Jonathan Turley surveys the fraught history of “the indispensable right” and today’s dismayingly broad retreat from its defense. He is especially illuminating on how the concept of “harm” from speech has been broadened to serve the interest of censors."
—George F. Will, Pulitzer Prize winner and Washington Post columnist.
"The First Amendment has consumed Jonathan Turley for more than thirty years. Lucky for us that he waited until now, amidst a climate of unprecedented rage rhetoric, to deliver a master class on the unvarnished history of free speech in America. The Indispensable Right is enlightening and engaging. It is also cautionary tale against state overcorrection of the often acrimonious, free exchange of ideas that are an essential part of the human experience."
—Michael Smerconish, host of CNN’s “Smerconish”
"During these often-bitter times, Jonathan Turley is my “go-to” commentator for smart, clear and honest analysis on any difficult legal controversy."
—Jim Webb, former U.S. Senator, Secretary of the Navy, and bestselling author
"Jonathan Turley’s book is the rarest of accomplishments: a timely and brilliantly original yet disciplined and historically grounded treatment of free speech. He dispels the view that our current social turmoil is “uncharted waters”—from the 1790’s Whiskey Rebels to the 1920’s Wobblies to the 1950’s communists, we’ve been here before—and argues persuasively that free speech is a human need and that we must resist the urge to restrict speech as “disinformation” or “seditious” or offensive to “woke” sensibilities."
—Michael B. Mukasey, former Attorney General and U.S. District Judge
"Jonathan Turley is one of the most astute and most honest analysts of the intersection of politics and law. Thirty years in the making, this book brilliantly proposes means for preserving the most important Constitutional right: the right to free speech. Elegantly written, exhaustively researched, and passionately argued, Turley has given us a superb and necessary tract for our time."
—Stephen B. Presser, Raoul Berger Professor of Legal History Emeritus, Northwestern University School of Law
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Product details
- ASIN : B0CL5GHDF3
- Publisher : Simon & Schuster (June 18, 2024)
- Publication date : June 18, 2024
- Language : English
- File size : 42896 KB
- Text-to-Speech : Enabled
- Screen Reader : Supported
- Enhanced typesetting : Enabled
- X-Ray : Not Enabled
- Word Wise : Enabled
- Sticky notes : On Kindle Scribe
- Print length : 428 pages
- Best Sellers Rank: #19,276 in Kindle Store (See Top 100 in Kindle Store)
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"...an excellent history of free speech in this interesting and very readable book. He puts our current "age of rage" in historical context...." Read more
"I found this to be a scholarly, informative, and well-written analysis of the evolution of free speech rights from the Founders to present day,..." Read more
"The Indispensible Right by Turley is an exceptionally well written and structured presentation of the position of the First Amendment right to free..." Read more
"...He was intelligent, well-read, caring, meticulous, loyal, articulate, spiritual, and passionate about free speech for everyone, not just for..." Read more
Customers find the book very informative.
"...Turley provides an excellent history of free speech in this interesting and very readable book...." Read more
"I found this to be a scholarly, informative, and well-written analysis of the evolution of free speech rights from the Founders to present day,..." Read more
"...primer was not the fastest read, but one of the better thought-provoking books I've ever read. Long live the Right to Free Speech." Read more
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My view of many of these issues is somewhat nuanced and reflects personal contact with those whose free speech was encumbered by Presidents. As Turley opens with Ms Whitney, an alleged communist in the early part of the twentieth century, it was my grandmother, Hattie Kruger, who was arrested by Wilson and thrown in the Occoquan prison with six other women for protesting outside the White House with suffragists. Imprisoned for sign holding outside the White House, by direct order of Wilson, the seven women were dragged to the prison, hosed down in frigid November weather, force fed by hose, and allowed no counsel. Occoquan was the Guantanamo of Wilson’s time. Women were the Al Qaeda of his period as well. But the crime of the women was just their right to free speech.
Turley takes the reader from one act of free speech suppression to another over 250 years. From Adams, to Jefferson, to Jackson, Lincoln, yet somehow missing Wilson. On p 153 Turley seems to glorify Wilson as a defender of rage rhetoric. In my opinion and in my experience such could not be farther from the truth. Wilson made propaganda a key element of his Administration (see Bernays, Propaganda. Bernays was one of Wilson’s chief propagandists and his work made it to Madison Avenue for decades), he made it the driver for the entry into WW I. Wilson was a manipulative southerner and Turley’s reference to Wilson’s work on Constitutional Government was far from the interpretation of many. Wilson saw a Parliamentary system as a better one and he rejected many elements of the Constitution.
Overall the book is easy to read for those not fully engaged in the topic for a period of time. It is an excellent overview of how free speech has been curtailed historically.
The book begins with an attempt to address the question of what is a “right” and what is the basis for these rights. In this context there is the concept of natural rights, those rights that are assumed to have some universality. The origin of this rights is debatable, as from God, or as a fundamental part of the human psyche. The author examines many of these dimensions. Locke has been the alleged basis for property rights for example. Namely property rights result from the act of human work on unencumbered land for example. Then there is the concept that rights are a result of the human brains function. In my view it is a limbic system functionality. The classic example is a two year old and their toy. Try taking it away and the child screams “mine!”. Parents then attempt to mollify this limbic response to a right to property by saying the child should “share” and this does not always work. Natural Rights lead to Natural Law. In Ockham’s case he sees a distinction between God given Natural Rights and the rights mandated by law. Thus one can question that Freedom of Speech is either a Natural Right, a legal right, or both.
The book proceeds through various examples of Freedom of Speech and the suppression of it by Government. In this context we use one assumes the legal right of Free Speech. The most compelling violation of Free Speech in my opinion is the Bebs case. The author focuses on weaknesses of the Court and especially Holmes in deciding this case. However Deb, a Socialist, was arguing against the War, WW I. The Congress had passed an Act prohibiting any speech against the War, a clear violation of the First Amendment. The Court in the Debs case blatantly followed the Congress and denied the Constitution. Silencing a political adversary via the law and the Court had become a common practice. Debs was subsequently pardoned. This is in contrast to the Goldman case, a foreign born national and communist, not a socialist. Goldman gets set back from whence she came because the communists fundamentally argued for an overthrow of the Government, not a Free Speech issue. The Debs decision really needs more depth. It is in my opinion a key landmark in a poor Court. The details behind Debs, its context, the Socialists etc need to be placed in context. For example, the counterpoint of Ema Goldman and the communists set an alter example. Goldman was not a natural born citizen, thus there was a place to return her to. Also the communists desired to truly overthrow the Government and replace it with communism. Socialists in extreme wanted public utilities so that water and sewers worked.
Finally the author deals with the current Trump issues. Here things, in my opinion, get a bit muddy, mainly due to the timeliness of the case. Did Trump incite to riot, or was it just free speech? Will the Court be Holmesian or extend the First Amendment accordingly? Is there a clear line between Free Speech and the limits thereto?