Prologue: Freedom and Fear: Justice Hugo Black ; 1. First Amendment Fundamentalism: George Anastaplo and Free-speech Absolutism ; 2. "Everybody is Against the Reds": Benjamin Gitlow and the First and Fourteenth Amendments ; 3. Calling Dr. Meiklejohn: Alexander Meiklejohn and First Amendment Theories ; 4. "The Final Jury of the Nation": Daniel Ellsberg and National Security ; 5. Fighting Times and Fighting Faiths: Eugene Dennis and the Clear and Present Danger Test ; 6. Saving the NAACP: Robert Carter and the (Civil) Right to Associate ; 7. Crosses and Crises: Edward Cleary and Hate Speech ; 8. Striking Back at the Birchers: Elmer Gertz and Defamation ; 9. Saving Old Glory: Gregory Johnson and Flag Desecration ; 10. Count-me-ins and Count-me-outs: Mary Beth Tinker and Student Speech ; Epilogue: Hugo Black and Beyond: The Future of Freedom ; Free Speech Timeline
Ronald K. L. Collins is the Harold S. Shefelman Scholar at the University of Washington School of Law and a fellow at the First Amendment Center. He is the editor of The Fundamental Holmes: A Free Speech Chronicle and Reader. Sam Chaltain is the past National Director of the Forum for Education and Democracy in Washington, DC. He writes and consults regularly about democracy and learning.
Collins and Chaltain vividly bring to life inspiring but
little-known, real-world stories of remarkable men and women who
personally struggled with fear and freedom, thus endowing us with
an enduring legacy of enhanced liberty. Superb in both substance
and style, this book demonstrates that the defense of free speech
epitomizes courage and patriotism.
*Nadine Strossen, Professor, New York Law School, and Past
President of the ACLU*
If you've ever wanted to know the life history of the First
Amendment
*the parties, the lawyers, the justices, the agony, the glorythis
is the book for you!Geoffrey R. Stone, Professor, The University of
Chicago Law School *
We Must Not Be Afraid to be Free is a well written and loving
tribute to our First Amendment tradition and to the people who have
given it life. The book is packed with original history and a deep
understanding of the tensions internal to our commitments to
freedom of speech. It is a major contribution to the First
Amendment literature.
*Steven H. Shiffrin, Charles Frank Reavis, Sr., Professor of Law,
Cornell University*
A terrific, lively, informed, and engaging read that is certain to
interest not only students but the general public. Collins and
Chaltain's book is in a class of its own
*a must read for anyone who cares about freedom.David M. O'Brien,
Leone Reaves and George W. Spicer Professor, University of
Virginia, Department of Politics*
This engagingly written tour of First Amendment law will interest
political scientists, prelaw and law students, and lawyers with a
special interest in the subject. The authors present their
expertise in a storytelling, literary style, and their
authoritative mastery of their subject is evident.
*Washington Lawyer *
Fascinating. Meticulously researched. [Collins and Chaltain] have
written a book that every student of the First Amendment,
especially every judge and justice, should read. Not only does it
provide a thorough overview of free speech law, but its stories are
a wonderful reminder of the people and lives that shaped
constitutional law.
*Erwin Chemerinsky, The Washington Independent Review of Books
*
We Must not be Afraid to be Free skillfully blends history and
doctrine, furnishing the reader with an introduction to core free
speech cases through vivid and real-life accounts of the parties,
judges, and attorneys involved. Collins and Chaltain thus
successfully bring to life the law and history of the First
Amendment, providing a deeply engaging work of scholarship for
general readers and students of the law alike.
*Harvard Law Review *
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