The most recommended books on the First Amendment

This book will capture the attention of anyone who was lucky enough to live through the most troubled, most enlightening, and most musical time in America in the 1960s. The book tells the story of the Smothers Brothers Comedy Hour, a show that pushed against the tried and true aura of American capitalism. An unjust war was taking lives in VietNam, and censors were trampling on the First Amendment, which the Brothers worked against in a very interesting way.

We’re also indebted to young minority students for pioneering free-speech rights in our schools. Most of us still associate the struggle for student rights with antiwar activists like Mary Beth Tinker, whose armband protest against the Vietnam War led to the epochal Tinker v. Des Moines Supreme Court decision declaring that teachers and students don’t shed their First Amendment rights at the schoolhouse gate. But before and after Tinker, Black and Chicano students challenged racist curricula, disciplinary policies, and more. Student rights are civil rights, and vice versa. We can’t—and shouldn’t—separate them.

Starting with his experience as publisher of an anti-war newspaper in the 1970s, and relying on official records released under the Freedom of Information Act, Mackenzie reveals how the CIA used undercover operatives to sabotage the dissident press and developed a system of secrecy agreements and pre-publication review boards that spread throughout the federal government in efforts to silence former intelligence agents and other would-be whistle-blowers. This brilliant book is the last work by the late Mackenzie, who dedicated his life to defending the First Amendment. He was a long-time associate of the Bay Area’s Center for Investigative Reporting, which with his wife, Jane Hundertmark, completed it after his untimely death.

Anthony Lewis’s Gideon’s Trumpet may be the most famous journalistic account of a single Supreme Court case, but his Make No Law has the more compelling origin story. A representative of the Committee to Defend Martin Luther King and the Struggle for Freedom in the South walks into The New York Times headquarters to take out an advertisement. When the full-page ad, headlined “Heed Their Rising Voices,” was published, a number of southern officials took issue with how it described their actions with regard to protesters; one of them, Montgomery, Alabama, police commissioner L. B. Sullivan decided to sue the Times for libel. A local all-white jury ruled in Sullivan’s favor, but the U.S. Supreme Court in 1964 reversed the decision, enshrining a high standard for public figures to sue for defamation. Lewis, who covered the case for the Times, delivers an account that only tracks the maturity of… show more.

Waldron’s proposals for punishing individual speakers are unpersuasive, but I admire his effort to translate difficult historical and legal material into everyday language. Many writers try to challenge American First Amendment principles by questioning the very foundations of Western parliamentary democracy.

Waldron does the opposite. He articulates his challenge by arguing that speech restrictions are faithful to the letter and spirit of a democratic constitution. I disagree–at least with the way Waldron makes his case–but he does make his case clearly, and with this book, he has influenced a generation of disciples.

This is a classic. The book provides an early assessment of the impact of new communications tools on freedom of expression. Pool observed how electronic networks were emerging and transforming the nature of print, arguing that we need to learn how to live with technology and make the most of it. Electronic technologies, Pool envisaged, will become the dominant mode of communication. Pool further envisaged that electronic technology would allow a great degree of diversity, more knowledge, easier access, and freer speech. He provided a lucid and perceptive analysis of the relation of American law to technology and its regulation. Pool was concerned with the negative consequences of new technology and feared its excessive regulation. It is not computers but policy that threatens freedom, he warned. This seminal work encapsulates many of the questions we face today. The challenges Pool described came to life as the pressures on government to… show more.

For approximately the first 80% of this book, it is a thriller set in Afghanistan/Iran with a CIA agent on a mission. There is one surprise, namely a cruise missile takes out a target and nobody can see the missile. Then suddenly, we see the nature of the missile and the book changes to science fiction. The missile is covered with small objects that give it the invisibiity cloak. I immediately thought the author had used physics similar to what I used in my First Contact trilogy, but no, Hayes had read enough science to have a different mechanism. That impressed me.

The blurb says the CIA agent must save the world, and to this point that seems a ridiculous stretch, but now the story lurches into a means of sending our agent to the fuuture, where he sees what has gone wrong, and he has the ability to return… show more.

This is perhaps the most talked-about book of the last generation on church-state relations. It offers a sweeping survey of the conceptions and rhetoric of church-state separation in American political and legal traditions from colonial times to the mid-20th century.  

Philip Hamburger challenges the notion that “separation of church and state,” as developed in 20th-century jurisprudence, is a fundamental American principle deeply embedded in the nation’s political and constitutional traditions. Rather, he argues, the rhetoric of separation emerged from the cynical politics of late-18th-century disestablishment battles and was picked up in the next century by nativists seeking to marginalize Catholics (while preserving Protestant hegemony) and by liberals intent on establishing a secular polity. I read few pages in this book that failed to prompt reflection or challenge long-held assumptions.

Legal scholars have offered a lot of insights into how democracies fall apart, but one of the more interesting books from constitutional scholars is How to Save a Constitutional Democracy. Using a case study of the US to illustrate, this book demonstrates how important constitutional design is in preventing democratic backsliding, as the book explains how would-be autocrats can take advantage of constitutions to flex their own power. And though the US constitution has often been heralded as a model document for new democracies to follow, somewhat surprisingly, it’s not ideal for maintaining a democracy; it actually suffers from two sins of being overly rigid on the one hand, and too vague in shaping the parameters of executive power on the other. This book is both a guide and a cautionary tale.

I believe that this book is a nice starting point for students (starting with undergraduates) who are interested in learning more about media scandal via particular examples.

I was attracted by the book because it focuses on some of the most influential and notorious media scandals in history. What I found particularly useful for my research was the detailed timeline that helped me to put the wide-ranging scandals into historical perspective.

This is why I personally recommend this book to anyone interested in the social phenomenon of media scandal.