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Friend of the Court: On the Front Lines with the First Amendment
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About the Author
Floyd Abrams is senior counsel in the New York law firm of Cahill Gordon & Reindel LLP, an adjunct professor at New York University School of Law, and author of several books, including The Soul of the First Amendment (Yale University Press, 2017). Abrams has argued frequently in the Supreme Court in First Amendment cases ranging from the Pentagon Papers case to Citizens United.
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Product details
Paperback: 488 pages
Publisher: Yale University Press (June 24, 2014)
Language: English
ISBN-10: 0300205635
ISBN-13: 978-0300205633
Product Dimensions:
6.5 x 1.2 x 9.5 inches
Shipping Weight: 1.7 pounds (View shipping rates and policies)
Average Customer Review:
4.0 out of 5 stars
6 customer reviews
Amazon Best Sellers Rank:
#684,476 in Books (See Top 100 in Books)
The primary reason I bought this book was the Supreme Court's decision on the Citizen's United case. This overruled federal legislation that limited corporate spending on political campaign messages. When I heard that the Supreme Court had decided that the First Amendment's protection of free speech applied to corporations as well as individuals I felt something had to be wrong. I felt that there were no corporations at the time the Bill of Rights was written so how could they have provided such a protection etc. Mr. Abrams was the attorney who represented Citizens United who challenged the law. He has a long history of important First Amendment cases going back to the Pentagon Papers in the 1970s. He has a history of always being on the "right side" of these cases. How could he have gone so wrong?He persuaded me, against my personal bias, that what the First Amendment protects is political speech - whether it is exercised by individuals or corporations. He pointed out that the majority opinion by Justice Kennedy cited 25 other Supreme Court cases in which corporations had been provided this protection. Of course many of those corporations were newspapers and the First Amendment specifically includes freedom of the press. However other corporations have also been protected.Abrams also warns of the potential dangers of allowing Congress and/or state legislatures to decide which speech should be limited or banned. (I of course recommend you read the more complete and expert explanations of this issue in the book).The book consists of copies of Mr. Abrams' speeches, newspaper and magazine articles, transcripts of media interviews and debates etc. Many other First Amendment cases are discussed including the Pentagon Papers case. Discussions of Wikileaks and the Internet are also timely and thought provoking.I won't say this is a "page turner." I had to read several of his sentences more than once and stop and think about his opinions and reasoning. Usually 20 to 30 pages was enough for one day. However there is humor included and the effort to understand this material is worthwhile. While Abrams is generally considered a liberal he strongly hits back at the liberals who attacked the Citizens United decision. I found many of these comments entertaining. I highly recommend the book and I expect not all who read it will be as convinced by his arguments as I was.
This is an excellent compilation from one of the foremost First Amendment lawyers of the past half century. Mr. Abrams brings a common sense approach to exceedingly complex topics that should be readable and enjoyable to lawyers and interested laypersons alike. Even if you disagree with some of his sentiments on various issues, the brilliance of Abrams is that he makes you think twice (if not several times over) about your own views and assumptions. I suppose that's what makes him a great lawyer. Normally, advocates with Abrams' pedigree and prominence tend to come off as combative and condescending to those who disagree with them.As an example, I found his chapter entitled "Freedom In Especially Perilous Times" particularly thought-provoking. Here he discusses Lincoln's repeated and wide-ranging "frontal attacks" on civil liberties during the Civil War and his own doubts about his condemnation of such "incursions" into our basic human rights in times when our country's security is threatened:"There was reason, good reason, for the gravest concern about the very survival of our nation. And in such times, it is difficult not to wonder about just which actions we really do condemn in our bones -- what it is, that is, that we think he should have done."
Abrams is an outstanding legal scholar with an amazing depth regarding this invaluable amendment. His focus is primarily related to the freedoms of speech and press, but he does include comments regarding freedom of religion and assembly. He uses his previous writings regarding cases and issues, but introduces their context. The book is understandable for the well informed lay person, but it takes concentration. It should be read in small doses over time; reflection by the reader is needed to integrate the concepts discussed.
The cases seem to live as he writes about them. Although it is a serious topic, the details presented allow the reader to feel like an insider and thus to understand the case more completely.
I know Floyd Abrams is a proponent of freedom of speech, but there is such a thing as too much of a (good) thing!
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