num_pages: 730
description: [An Edward Burlingame Book]"University of Chicago law professor Kalven was at work on this massive study of free expression under the Constitution when he died in 1974. Kalven's son, Jamie, a free-lance writer, edited the manuscript, collaborating with Owen Fiss of Yale Law School. The work analyzes Supreme Court decisions affecting First Amendment rights between World War I and the early 1970s, particularly in the areas of political speech and association. Kalven covered every landmark case (obscenity, libel, sedition) and added his own commentary. For serious students of constitutional law." —Library Journal"This juggernaut of a book is introduced movingly by its editor as the product of 12 years' work, after his father's death in 1974 while working on this study. Completed by the son, it is a nonpareil examination of the "American constitutional experience under the First Amendment," an assessment of the ways in which the American tradition of free speech has been defined, refined and elucidated by the Supreme Court through our history. "Explored in case-by-case detail are the Court's decisions on censorship and Civil Rights cases; the 1952 Dennis v. United States "great confrontation" on the issue of the right to advocate the violent overthrow of the Government; on sanctions against groups, chiefly the U.S. Communist Party and its individual members, which brought on the heyday of the House Un-American Activities Committee that, in effect, according to the book, made a de facto attempt to outlaw the Party. "The sophistication, subtlety and depth of the discussion of this era of the loyalty oath and McCarthyism, as Justices Frankfurter, Douglas, Black, Harlan et al. weighed First Amendment issues, is impressive scholarship that makes the reader keenly aware of how imperiled free speech in America is at all times." -Publishers Weekly"Considered in light of the recent Senate hearings on Judge Bork's fitness for the Supreme Court, this exhaustive historical examination of the First Amendment to the Constitution by legal expert Kalven (also the author of The Negro &amp; The First Amendment) pursues an exceptionally timely and thought-provoking agenda. "Unfinished at Kalven's death in 1974, the book has been completed by his son, Jamie, whose afterword outlines his father's research and writing style and the editorial choices he faced in finishing his father's magnum opus. Kalven's approach is to trace what he terms a Socratic dialogue between the Supreme Court and American society as the questions and limits of freedom of speech have been legislated, debated, and defined throughout the country's history. "Documenting this ongoing process through analysis of the major cases involving First Amendment rights, Kalven considers the constitutional experience in action as it has determined such momentous topics as obscenity, civil rights, and political sanctions." —Booklist
language: English
title: A Worthy Tradition: Freedom of Speech in America
titlecomplete: A Worthy Tradition: Freedom of Speech in America
ratings_count: 5
publisher: Harper & Row, Publishers