Speaking Freely: Trials of the First Amendment

Floyd Abrams is an acknowleged expert in First Amendment issues. This collection of some of the dramatic cases on which he worked makes for interesting reading. Even for non lawyers the style is easy to understand and focuses on the human interest of the cases rather than the legal maneuvering (though for lawyers there are some interesting pointers that can be gleaned). A very enjoyable and informative read.

As I write this revieThe One Percent Doctrine: Deep Inside America's Pursuit of Its Enemies Since 9/11w, CNN is reporting that the Bush Administration is threatening the New York Times with prosecution for revealing the NSA wire-tapping program that by-passed the FISA court, which has the EXCLUSIVE mandate to review all such intrusions. The Bush Administration is evidently ungrateful about the fact that the NYT stupidly held back on the story until after Rove could steal the election from Kerry by encouraging the Ohio State Secretary committing criminal acts in twelve districts. At the same time, there is also a moronic proposed amendment to the Constitution to prohibit the burning of the American flag in protest. "Speaking Freely" is an extraordinary book that documents, over and over again, why our national security lies not only in force of arms but also in, quoting Judge Murray Gurfein (June 1971), a "cantankerous press, an obstinate press, a ubiquitious press (that) must be suffered by those in authority in order to preserve the even greater values of freedom of expression and the right of the people to know." The Cheney-Bush Administration is moving toward totalitarianism, and appears seriously stupid (another of those ideological fantasies) in believing that they can cover up their ineptitude by censoring the press. See my reviews of The One Percent Doctrine: Deep Inside America's Pursuit of Its Enemies Since 9/11; How Would a Patriot Act? Defending American Values from a President Run Amok and The Case for Impeachment: The Legal Argument for Removing President George W. Bush from Office to better understand what other authorities are saying about the lunacy of this position. These two guys are a combination of impeachable (mostly Cheney) and laughingstock (mostly Bush) who have leveraged the extremist Republican machine to steal two presidential elections and violate so many international and domestic laws as to be richly eligible for a public tarring and feathering. This book, "Speaking Freely," is a massive vaccination for the public against the disease of "state secrecy" that is used to cover up incompetence, inpropriety, and high crimes and misdemeanors richly deserving of impeachment. Please note that the law suit of the New York Times for "blowing" NSA's capabilities is actually a cover-up for the fact that we are going deaf and blind because Al Qaeda is not stupid--they have been moving "offline" since 9-11, and the Administration is preparing to pretend that their failure to be effective against Al Qaeda is the fault of the New York Times. Floyd Abrams may well be one of the most valuable Americans in modern history. He defended the NYT in the Pentagon Papers, and won. Today, the NYT should rely on the sensibility of the people to defend them. Deep in his book, Counselor Abrams makes the point that journalists MUST have the freedom to listen to sources "off the record," and he places the burden for protecting secrets

If you read just one book on media law this year (but why would you limit yourself?), make it this one. In addition to being an entertaining and enlightening look inside some of the highest profile media and First Amendment cases of that past 35 years--including the Pentagon Papers, Wayne Newton's libel case against NBC, the Brooklyn Museum of Art case, and the case challenging McCain-Feingold-- this book, by the country's widely-acknowledged dean of First Amendment litigation, serves as a good primer for those not versed in First Amendment and media law, and as a refresher for those already familiar with the law.

Floyd Abrams is todays Voltaire who said something like, "I dont agree with what you say but I'll defend to death your right to say it", or maybe it was Eminem. Either way, Abrams recounts his prolific battles for the literal interpetation of the first amendment. This is a must read for aspiring journalists, Lawyers, and gangster rappers. His writing is engaging like a trashy novel but isnt brain junk food. The best part of the book are his candid, but tactful dogging of the iconic Wayne Newton. Courtroom translations are colorful although repetitive and rather dogmatic. Still, it gives readers a sense of what it feels like to be in a courtroom defending hot issues against people like Newton, Guilliani, and Nixon. If you believe in the unmistakable interpetation of the first amendment, then read this book. If not, then read this book and you surely will. If not, then you are an ignorant oaf unworthy of breathing air.

Have just begun the book and already I can say say it is a fair, must read for anyone, conservative or liberal or middle roader who wants to see or know why the First Amendment is such a national treausre. And how no matter who is in office, attempts to censor are always a concern. The liberals want to restrict hate speech, cigarette advertising while the conservatives seem hell bent on restricting free speech rights of post 911 Arab Americans or anything having to do with the military. And the author is a constant reminder to all of us, citizens, that we can easily loose Constitutional rights if we do not fight to keep them.