Freedom of Speech: A Reference Guide to the United States Constitution

By Keith Werhan | Go to book overview

Bibliographical Essay

CHAPTER 1: A HISTORY OF FREEDOM OF SPEECH IN THE
UNITED STATES

The English Background

Fredrick Seaton Siebert's Freedom of the Press in England, 1476–1776: The Rise and Decline of Government Control (Urbana: University of Illinois Press, 1952) provides a detailed account of freedom of speech and freedom of the press in England before the American Revolution. The first chapter of Leonard Levy's Emer- gence of a Free Press (New York: Oxford University Press, 1985) provides a brief, yet authoritative discussion of the English understanding of free speech before the American Revolution, with an emphasis on the law of seditious libel. Philip Hamburger's “The Development of the Law of Seditious Libel and the Control of the Press,” Stanford Law Review 37 (1985): 661–765, is a detailed examination of the English approach to the freedom of speech before the American Revolution, emphasizing the importance of the law of seditious libel in the eighteenth, rather than the seventeenth century. For a very good, brief summary of the English historical background to the freedom of speech, see William T. Mayton, “Seditious Libel and the Lost Guarantee of a Freedom of Expression,” Columbia Law Review 84 (1984): 91–142, pp. 97–108.


The American Colonial Background

Zechariah Chafee, Jr., a leading First Amendment legal scholar, for many years led scholars generally to accept the view that American colonials, and thus the framers of the First Amendment, broadly embraced the right of individuals to

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Freedom of Speech: A Reference Guide to the United States Constitution
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Series Foreword xi
  • Foreword xv
  • Acknowledgments xix
  • 1: A History of Freedom of Speech in the United States 1
  • 2: What Makes Freedom of Speech Special? 27
  • 3: The Problem of Subversive Advocacy and the Central Meaning of Freedom of Speech 43
  • 4: The Central Organizing Principles of Free Speech Jurisprudence 69
  • 5: The Codified First Amendment 81
  • 6: The Procedural First Amendment 129
  • Afterword 149
  • Bibliographical Essay 151
  • Table of Cases 167
  • Index 173
  • About the Author 177
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