The most recommended books on the First Amendment

Who picked these books? Meet our 8 experts.

8 authors created a book list connected to the First Amendment, and here are their favorite First Amendment books.
When you buy books, we may earn a commission that helps keep our lights on (or join the rebellion as a member).

What type of First Amendment book?

Loading...

Book cover of Dangerously Funny: The Uncensored Story of the Smothers Brothers Comedy Hour

Louis V. Clark III Author Of How to Be an Indian in the 21st Century

From my list on understanding each other in a troubled world.

Why am I passionate about this?

I was born on the Oneida reservation in Wisconsin. Raised during the often troubled, often wonderful decade of the 1960s, I learned to stand up for what I thought was right. I joined forces with my beautiful wife during our high school years, and together, we ran away to build our own life aided by the Oneida principle of “looking ahead seven generations.” Encountering many obstacles along the way, including a poetry professor who said that what I wrote wasn’t poetry and a theater professor who said that if what I wrote was any good it was already being done. Still, I continue to write.

Louis' book list on understanding each other in a troubled world

Louis V. Clark III Why did Louis love this book?

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.

By David Bianculli,

Why should I read it?

1 author picked Dangerously Funny as one of their favorite books, and they share why you should read it.

What is this book about?

Now in paperback, a rollicking history of the rise and fall of The Smothers Brothers Comedy Hour —“A stunningly alive portrait of the 1960s and of two very different men who ‘refused to shut up’ and thereby made TV history” (People).

A dramatic behind-the-scenes look at the rise and fall of The Smothers Brothers Comedy Hour—the provocative, politically charged program that shocked the censors, outraged the White House, and forever changed the face of television.

Decades before The Daily Show, The Smothers Brothers Comedy Hour proved there was a place on television for no-holds-barred political comedy with a decidedly antiauthoritarian…


Book cover of The Harm in Hate Speech

Eric Heinze Author Of The Most Human Right: Why Free Speech Is Everything

From my list on understanding hate speech.

Why am I passionate about this?

Already in my teens, I became aware of the need for LGBTQ+ rights. I read whatever I could find on the topic, and when I wrote my first book it was titled Sexual Orientation: A Human Right. However, I noticed that many fellow activists advocated bans on speech hostile to LGBTQ+ people. I became skeptical about governments punishing individuals who express evil ideas. Still, I hope you will benefit from my list of books that take various sides in free speech debates and focus not only on LGBTQ+ people. After all, what’s the point of free speech if not to hear about a problem from diverse viewpoints?

Eric's book list on understanding hate speech

Eric Heinze Why did Eric love this book?

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.

By Jeremy Waldron,

Why should I read it?

1 author picked The Harm in Hate Speech as one of their favorite books, and they share why you should read it.

What is this book about?

Every liberal democracy has laws or codes against hate speech-except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.

Causing offense-by depicting a religious leader as a terrorist in a newspaper cartoon, for example-is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation…


Book cover of Understanding Words That Wound

Eric Heinze Author Of The Most Human Right: Why Free Speech Is Everything

From my list on understanding hate speech.

Why am I passionate about this?

Already in my teens, I became aware of the need for LGBTQ+ rights. I read whatever I could find on the topic, and when I wrote my first book it was titled Sexual Orientation: A Human Right. However, I noticed that many fellow activists advocated bans on speech hostile to LGBTQ+ people. I became skeptical about governments punishing individuals who express evil ideas. Still, I hope you will benefit from my list of books that take various sides in free speech debates and focus not only on LGBTQ+ people. After all, what’s the point of free speech if not to hear about a problem from diverse viewpoints?

Eric's book list on understanding hate speech

Eric Heinze Why did Eric love this book?

I disagree with the authors’ conclusions, but I agree with their diagnosis. This book is aimed at students yet written in a style that anyone can grasp. The authors defy the old “Sticks and Stones” dictum, explaining how even seemingly mild racism feeds into deeper patterns that undermine our ability to relate to each other as citizens of a single democratic society.

Although I agree with stricter controls on internet platforms, I disagree with the authors’ proposals for punishing individual speakers. Whether you accept or reject their proposals, their account of how racist attitudes spread is passionate and compelling.

By Richard Delgado, Jean Stefancic,

Why should I read it?

1 author picked Understanding Words That Wound as one of their favorite books, and they share why you should read it.

What is this book about?

Successor and companion volume to Words that Wound, the first book to argue for recognition of hate speech as a serious social problem. The current volume greatly expands the coverage of hate speech, including chapters on children, the internet, recent cases, campus hate speech codes, and international responses. Deals expressly with arguments against hate-speech regulation, as well as the case for it.

Written by leading critical race theorists Richard Delgado and Jean Stefancic, this volume succinctly explores a host of issues presented by hate speech, including legal theories for regulating it, the harms it causes, and policy arguments pro and…


Book cover of How to Save a Constitutional Democracy

Natasha Lindstaedt Author Of Democratic Decay and Authoritarian Resurgence

From my list on why the world is becoming more authoritarian.

Why am I passionate about this?

I am a political science professor who has always been interested in authoritarian regimes, how they function, and how they control their citizens. In particular, I find it fascinating why citizens may genuinely adore and respect the (sometimes outrageous) autocrats that lead them, even though they rule with an iron fist. Additionally, the rise of authoritarianism in democracies also caught my attention. Terms like “slow-moving coups” and “insurrections” are being used when referring to democracies now. In some ways, this is shocking to me—but it’s motivated me to better understand how this happenedand the ways in which autocracies and democracies seem to be mimicking each other.

Natasha's book list on why the world is becoming more authoritarian

Natasha Lindstaedt Why did Natasha love this book?

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.

By Tom Ginsburg, Aziz Z Huq,

Why should I read it?

1 author picked How to Save a Constitutional Democracy as one of their favorite books, and they share why you should read it.

What is this book about?

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the "enemy of the American people," and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to…


Book cover of Secrets: The CIA's War at Home

Seth Rosenfeld Author Of Subversives: The FBI's War on Student Radicals, and Reagan's Rise to Power

From my list on spies and radicals.

Why am I passionate about this?

Seth Rosenfeld is an independent investigative journalist and author of the New York Times best-seller Subversives: The FBI’s War on Student Radicals, and Reagan’s Rise to Power. As a staff reporter for The San Francisco Examiner and San Francisco Chronicle, he specialized in using public records and won national honors including the George Polk Award. Subversives, based on thousands of pages of FBI records released to him as a result of several Freedom of Information Act lawsuits, won the PEN Center USA’s Literary Award for Research Nonfiction Prize, the Society of Professional Journalists’ Sunshine Award, and other honors.

Seth's book list on spies and radicals

Seth Rosenfeld Why did Seth love this book?

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.

By Angus MacKenzie,

Why should I read it?

1 author picked Secrets as one of their favorite books, and they share why you should read it.

What is this book about?

This eye-opening expose, the result of fifteen years of investigative work, uncovers the CIA's systematic efforts to suppress and censor information over several decades. An award-winning journalist, Angus Mackenzie waged and won a lawsuit against the CIA under the Freedom of Information Act and became a leading expert on questions concerning government censorship and domestic spying. In "Secrets", he reveals how federal agencies - including the Department of Defense, the executive branch, and the CIA - have monitored and controlled public access to information. Mackenzie lays bare the behind-the-scenes evolution of a policy of suppression, repression, spying, and harassment. Secrecy…


Book cover of Troublemakers: Students' Rights and Racial Justice in the Long 1960s

Jonathan Zimmerman Author Of Whose America? Culture Wars in the Public Schools

From my list on student activism.

Why am I passionate about this?

I’m a historian at the University of Pennsylvania and an op-ed writer for numerous publications. I’m also a former Peace Corps volunteer and high school teacher. I’ve spent my adult life studying the ways that human beings imagine education, across space and time. Schools make citizens, but citizens also make schools. And we’re all different, so we disagree—inevitably and often profoundly—about the meaning and purpose of “school” itself. In a diverse nation, what should kids learn? And who should decide that? There are no single “right” answers, of course. I’m eager to hear yours.

Jonathan's book list on student activism

Jonathan Zimmerman Why did Jonathan love this book?

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.

By Kathryn Schumaker,

Why should I read it?

1 author picked Troublemakers as one of their favorite books, and they share why you should read it.

What is this book about?

A powerful history of student protests and student rights during the desegregation era
In the late 1960s, protests led by students roiled high schools across the country. As school desegregation finally took place on a wide scale, students of color were particularly vocal in contesting the racial discrimination they saw in school policies and practices. And yet, these young people had no legal right to express dissent at school. It was not until 1969 that the Supreme Court would recognize the First Amendment rights of students in the landmark Tinker v. Des Moines case.
A series of students' rights lawsuits…


Book cover of Technologies of Freedom

Raphael Cohen-Almagor Author Of Confronting the Internet's Dark Side: Moral and Social Responsibility on the Free Highway

From my list on the internet's history, development, and challenges.

Why am I passionate about this?

Raphael Cohen-Almagor, DPhil, St. Catherine’s College, University of Oxford, is Professor of Politics, Olof Palme Visiting Professor, Lund University, Founding Director of the Middle East Study Centre, University of Hull, and Global Fellow, Woodrow Wilson International Center for Scholars. Raphael taught, inter alia, at Oxford (UK), Jerusalem, Haifa (Israel), UCLA, Johns Hopkins (USA), and Nirma University (India). With more than 300 publications, Raphael has published extensively in the field of political philosophy, including Liberal Democracy and the Limits of Tolerance; Challenges to Democracy; The Right to Die with Dignity; The Scope of Tolerance; Confronting the Internet's Dark Side; Just, Reasonable Multiculturalism, and The Republic, Secularism and Security: France versus the Burqa and the Niqab.

Raphael's book list on the internet's history, development, and challenges

Raphael Cohen-Almagor Why did Raphael love this book?

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…

By Ithiel de Sola Pool,

Why should I read it?

1 author picked Technologies of Freedom as one of their favorite books, and they share why you should read it.

What is this book about?

How can we preserve free speech in an electronic age? In a masterly synthesis of history, law, and technology, Ithiel de Sola Pool analyzes the confrontation between the regulators of the new communications technology and the First Amendment.


Book cover of Media Scandals

Igor Prusa Author Of Scandal in Japan: Transgression, Performance and Ritual

From my list on scandal and why it matters.

Why am I passionate about this?

I'm a Czech scholar in Japanese studies and media studies who became spontaneously interested in the way media scandals unfold in Japan. For ten years, I was studying Japanese scandals at The University of Tokyo (Ph.D. 2017), and I developed a new approach to Japanese scandal as a highly mediatized social ritual that tends to preserve the status quo while generating commercial profit. After my return from Japan, I continued my scandal research at the Czech Academy of Sciences, and I'm currently teaching media & communication theory at Ambis University Prague. In 2023, Routledge finally published the results of my decade-long research in my new book titled Scandal in Japan: Transgression, Performance and Ritual.

Igor's book list on scandal and why it matters

Igor Prusa Why did Igor love this book?

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.      

By Alan Bisbort,

Why should I read it?

1 author picked Media Scandals as one of their favorite books, and they share why you should read it.

What is this book about?

This fascinating volume offers an overview of the most influential and notorious media scandals, from newspaper publisher John Peter Zenger's groundbreaking 1735 trial for printing and publishing false, scandalous, malicious and seditious statements to Dr. Phil McGraw's 2008 thwarted attempt to force his television cameras inside Britney Spears' hospital room, from the attempts to ban literature by the likes of D.H. Lawrence, James Joyce, Henry Miller, and Allen Ginsberg to the excesses of gossip mongers like Walter Winchell, Hedda Hopper, Geraldo Rivera, and Matt Drudge. It delves into the tabloid press and walks through the minefields of political opinion shapers,…


Book cover of The Year of the Locust

Ian J. Miller Author Of A Face on Cydonia

From Ian's 3 favorite reads in 2024.

Why am I passionate about this?

Author Research scientist Composer Retired Theoretician

Ian's 3 favorite reads in 2024

Ian J. Miller Why did Ian love this book?

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…

By Terry Hayes,

Why should I read it?

1 author picked The Year of the Locust as one of their favorite books, and they share why you should read it.

What is this book about?

The Amazing New Thriller From Terry Hayes. If You Thought I Am Pilgrim Was Good...


Book cover of Make No Law: The Sullivan Case and the First Amendment

Sasha Issenberg Author Of The Engagement: America's Quarter-Century Struggle Over Same-Sex Marriage

From my list on Supreme Court cases.

Why am I passionate about this?

Sasha Issenberg has been a newspaper reporter, magazine writer, and editor, and teaches in the political science department at UCLA. He is the author of four books, on topics as varied as the global sushi business, medical tourism, and the science of political campaigns. The most recent tackles his most sweeping subject yet: the long and unlikely campaign to legalize same-sex marriage in the United States. One of his favorite discoveries in the decade he spent researching the book was that a movement that ended with a landmark Supreme Court decision had been catalyzed by a Honolulu activist’s public-relations stunt sprawling out of control twenty-five years earlier.

Sasha's book list on Supreme Court cases

Sasha Issenberg Why did Sasha love this book?

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…

By Anthony Lewis,

Why should I read it?

1 author picked Make No Law as one of their favorite books, and they share why you should read it.

What is this book about?

A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis.

The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper had published an ad critical of Montgomery's brutal response to civil rights protests.

The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's…


Book cover of Dangerously Funny: The Uncensored Story of the Smothers Brothers Comedy Hour
Book cover of The Harm in Hate Speech
Book cover of Understanding Words That Wound

Share your top 3 reads of 2024!

And get a beautiful page showing off your 3 favorite reads.

1,171

readers submitted
so far, will you?