Thane Rosenbaum - Saving Free Speech...from Itself

PRAISE FOR
S AVING FREE SPEECH... from ITSELF

This is a brave, incisive book that smartly challenges much of what we take for granted about the First Amendment.

Scott Turow, author of two works of non-fiction about the law and 13 bestselling novels, including Presumed Innocent and The Last Trial

The United States and France are both children of the Enlightenment, born from the Age of Rights. Yet only one, France, believes that the protection of human dignity is an essential freedom. Thane Rosenbaums brave and provocative book makes the case that free speech must co-exist with human dignity. It cant override it. They are united in their shared humanity. Rosenbaums voice on this subject is singular, and profound.

Bernard-Henri Lvy, bestselling author of The Empire and the Five Kings

Many books, including my own, celebrate the degree to which American First Amendment law provides more protection for more speech than anywhere in the world. SAVING FREE SPEECH from ITSELF vigorously offers a forceful and provocative contrarian view that takes issue with much established First Amendment law in a robust and arresting manner.

Floyd Abrams, longtime First Amendment attorney and author of The Soul of the First Amendment

This book will make you think and re-think your positions on free speechregardless of what those were. It may not change your mind; I still disagree with much of it. But for those of us who value free thought, expression, debate, and dissent, Thane Rosenbaums thought-provoking challenge to current First Amendment norms should be especially welcome.

Nadine Strossen, New York Law School Professor, former American Civil Liberties Union National President, and author of HATE: Why We Should Resist It with Free Speech, Not Censorship

In this book, Thane Rosenbaum explores whether the United States is best served by unlimited speechextended even to terrorists of the left and right, as well as other enemies of the open societyor whether certain restrictions on the First Amendment are necessary for a free society to not be subverted from within.

With a strong grasp of constitutional and case law, and a keen interest in genuine freedom of speech, Rosenbaum has written an important book that will likely prove controversial to many. His questions and proposed remedies are ones that all those interested in freedom of expression should take seriously. As a free speech absolutist, this has given me great food for thought.

Ayaan Hirsi Ali, activist, feminist, author, scholar, former politician, and a Research Fellow with the Hoover Institution at Stanford University

PRAISE FOR OTHER NONFICTION BOOKS BY THANE ROSENBAUM

The Myth of Moral Justice: Why Our Legal System Fails to Do Whats Right:

Rosenbaum has accomplished what multitudes of professors long for and so rarely achieve: He has set the terms for public debate.

The New York Times

[A]s a diagnostician, Rosenbaum is on target... he exposes a system that encourages lying, permits truth to be stifled and allows evil men to roam free.... Rosenbaum should be read by every law student in America.

The New York Times Book Review

Rosenbaums book ought to be required reading in law schools and continuing legal educations classes, if only because at least a few of his readers will be humanized by the experience.

The Washington Post Book World

Payback: The Case for Revenge:

One of our most original and compelling thinkers about the law and its limitations, Thane Rosenbaum takes on the theme whose name dare not be spoken in polite circles: revenge. With his singular panache and mastery of sources from Supreme Court cases to popular culture togasplife itself, Rosenbaum takes us on a substantive and stylistic tour de force that leads to the shocking conclusion that if the law wont set things right, which it so often fails to do, then it is okay, indeed moral, for us to do so ourselves.

Daniel Jonah Goldhagen, author of Hitlers Willing Executioners: Ordinary Germans and the Holocaust

In this brilliant book, Thane Rosenbaum finds language for what all of us, at one time or another, have felt in our bones that there is a law higher than those made by legislatures or courts; and that, when evil appears among us, an appropriate response is the oldest: revenge. Independent thinking at its best, Rosenbaums fiercely argued text dares to speak truth to cowardice and calls us to understand and accommodate the demand that a punishment that fit the crime and that the score be settled in the Chicago Way.

Rich Cohen, author of The Avengers

Rosenbaum inhabits both the fact-based legal world and the emotion-based arts realm, able to address everything from the talion to The Princess Bride. His satisfying work gives us permission, contrary to contemporary politeness, to assert honor in payback.... Rosenbaum renders a consequential, often gruesome topic uplifting, even fun.

Publishers Weekly ( starred review)

Rosenbaum spells out the virtually unspeakable in a liberal humanitarian culture: justice is revenge.

The Times of London

Well-written... Rosenbaum convincingly argues for knocking down the false distinction between justice and revenge, for rescuing revenge from its taboo status.

The Washington Post

ALSO BY THANE ROSENBAUM

NONFICTION

Payback: The Case for Revenge

The Myth of Moral Justice: Why Our Legal System Fails to Do Whats Right

NOVELS

How Sweet It Is!

The Stranger Within Sarah Stein

The Golems of Gotham

Second Hand Smoke

Elijah Visible

ANTHOLOGIES

Law Lit: From Atticus Finch to The Practice, A Collection of Great Writing about the Law

Copyright 2020 by Thane Rosenbaum

All rights reserved.

Published in the United States by Fig Tree Books LLC, Bedford, New York

www.FigTreeBooks.net

Jacket design by Christine Van Bree

Cover art illustration by Sam Fink

Interior design by Pauline Neuwirth, Neuwirth & Associates, Inc.

Library of Congress Cataloging-in-Publication Data Available Upon Request

ISBN 978-1-941493-26-7

Printed in the United States

Distributed by Publishers Group West

First edition

10 9 8 7 6 5 4 3 2 1

FOR SOLNNE ROSE

CONTENTS

FOREWORD

I TS FAIR TO say that I am a strong believer in free speechnot in an absolutist sense (life always must make room for exceptions), but pretty close to it. I want there to be no governmental intrusions on speech. How could I be otherwise? I have been an opinion columnist for most of my professional life. I am paid to speak my mind freely. An anticipated outcome of my line of work is that I might render opinions that offend even my most devoted readers. So be it. Living in a liberal democracy with a free-standing press, I, thankfully, possess the freedom to do just that. Hopefully all readers understand that.