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Freedom for the Thought That We Hate
A person's mouth with tape covering his lips shut and the title and author inscribed on top
Cover art of the original publication
Author Anthony Lewis
Cover artist Cover: Brent Wilcox
Jacket: Anita Van De Ven
Jacket photo: Ken Cedeno
Country United States
Language English
Series Basic Ideas
Subject Freedom of speech – United States
Genre Constitutional Law
Published 2007 (Basic Books)
Media type Hardcover
Pages 240
ISBN 978-0-465-03917-3
OCLC 173659591
342.7308/53
LC Class KF4770.L49

Freedom for the Thought That We Hate: A Biography of the First Amendment is a 2007 non-fiction book by journalist Anthony Lewis about freedom of speech, freedom of the press, freedom of thought, and the First Amendment to the United States Constitution. The book starts by quoting the First Amendment, which prohibits the U.S. Congress from creating legislation which limits free speech or freedom of the press. Lewis traces the evolution of civil liberties in the U.S. through key historical events. He provides an overview of important free speech case law, including U.S. Supreme Court opinions in Schenck v. United States (1919), Whitney v. California (1927), United States v. Schwimmer (1929), New York Times Co. v. Sullivan (1964), and New York Times Co. v. United States (1971).

The title of the book is drawn from the dissenting opinion by Supreme Court Associate Justice Oliver Wendell Holmes Jr. in United States v. Schwimmer. Holmes wrote that "if there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought—not free thought for those who agree with us but freedom for the thought that we hate." Lewis warns the reader against the potential for government to take advantage of periods of fear and upheaval in a post-9/11 society to suppress freedom of speech and criticism by citizens.

The book was positively received by reviewers, including Jeffrey Rosen in The New York Times, Richard H. Fallon Jr. in Harvard Magazine, Nat Hentoff, two National Book Critics Circle members, and Kirkus Reviews. Jeremy Waldron commented on the work for The New York Review of Books and criticized Lewis' stance towards freedom of speech with respect to hate speech. Waldron elaborated on this criticism in his book The Harm in Hate Speech (2012), in which he devoted a chapter to Lewis' book. This prompted a critical analysis of both works in The New York Review of Books in June 2012 by former Supreme Court Justice John Paul Stevens.

Themes

The book's central theme is a warning that, in times of strife and increased fear, there is a danger of repression and suppression of dissent by those in government who seek to limit freedom of speech. In an interview with the author, Deborah Solomon of The New York Times Magazine wrote that American politics has frequently used fear to justify repression. Lewis pointed out to Solomon that, under the Espionage Act of 1917 and the Sedition Act of 1918, individuals who protested against President Woodrow Wilson's sending of soldiers to Russia were tried and given a twenty-year jail sentence. The author explained that his motivation for writing the book was to recognize the unparalleled civil liberties in the U.S., including freedom of speech and freedom of the press. He identified reductions in freedoms of citizens as a result of governmental action taken after the September 11 attacks.

Freedom for the Thought That We Hate discusses the capability and liberty of citizens to criticize their government. Lewis asserts that the U.S. has the most unreserved speech of any nation. Law professor Jeremy Waldron gave the example of his ability to criticize the president or call the vice president and Secretary of Defense war criminals, without fear of retribution from law enforcement for such statements. The book contrasts present-day free speech liberties afforded to Americans and those possessed by citizens in earlier centuries. The author argues that the scope of civil liberties in the U.S. has increased over time, owing to a desire for freedom among its people being held as an integral value. Lewis observes that, in contemporary application of the law, presidents are the subject of satire and denunciation. He notes that it is unlikely a vociferous critic would face a jail sentence simply for voicing such criticism.

See also

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