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Figures of Speech: First Amendment Heroes and Villains PDF

230 Pages·2010·0.87 MB·English
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FIGURES OF SPEECH This page intentionally left blank FIGURES OF SPEECH FIRST AMENDMENT HEROES AND VILLAINS WILLIAM BENNETT TURNER Foreword by Anthony Lewis Figures of Speech: First Amendment Heroes and Villains Copyright © 2010 by William Bennett Turner All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to the publisher, addressed “Attention: Permissions Coordinator,” at the address below. Berrett-Koehler Publishers, Inc. 235 Montgomery Street, Suite 650, San Francisco, CA 94104-2916 Tel: (415) 288-0260 Fax: (415) 362-2512 www.bkconnection.com O R D E R I N G I N F O R M A T I O N Quantity sales. Special discounts are available on quantity purchases by corporations, associations, and others. For details, contact the “Special Sales Department” at the Berrett-Koehler address above. Individual sales. Berrett-Koehler publications are available through most bookstores. They can also be ordered directly from Berrett-Koehler: Tel: (800) 929-2929; Fax: (802) 864-7626; www.bkconnection.com Orders for college textbook/course adoption use. Please contact Berrett-Koehler: Tel: (800) 929-2929; Fax: (802) 864-7626. Orders by U.S. trade bookstores and wholesalers. Please contact Ingram Publisher Services, Tel: (800) 509-4887; Fax: (800) 838-1149; E-mail: customer.service@ ingrampublisherservices. com; or visit www.ingrampublisherservices.com/ Ordering for details about electronic ordering. Berrett-Koehler and the BK logo are registered trademarks of Berrett-Koehler Publishers, Inc. First Edition Paperback Print eidtion, ISBN 978-1-93622-703-7 (alk. paper) PDF e-book ISBN 978-1-60994-463-6 IDPF e-book ISBN 978-1-60994-465-0 Mobi e-book ISBN 978-1-60994-464-3 2011-1 Production management: BookMatters Book design: BookMatters Cover design: Charles Kreloff For Molly and Andy, who always wanted to know more than I knew, and for Micki, who saved my life This page intentionally left blank CONTENTS Foreword: Anthony Lewis ix Introduction 1 1 Yetta Stromberg 17 2 Jehovah’s Witnesses 27 3 Dannie Martin 45 4 Raymond Procunier and Robert H. Schnacke 59 5 Earl Caldwell 83 6 Richard Hongisto 99 7 Clarence Brandenburg 121 8 Larry Flynt 133 9 Clinton Fein and the ACLU 155 Afterword 183 Notes 193 Index 205 Acknowledgments 213 About the Author 215 This page intentionally left blank FOREWORD The First Amendment has become the hottest battlefront of American constitutional law. Libel, campaign spending, pub- lication of government secrets, hateful speech: these and a dozen other subjects have tested the amendment’s command that “Congress shall make no law . . . abridging the freedom of speech, or of the press.” The very words “First Amendment” have become a rallying cry for the press and other interests arguing that their freedom outweighs other public concerns. As a result of First Amendment litigation, activities commonly regulated or prohibited in other democracies—denunciation of religious groups, leaks of military records, political advertis- ing—are now protected by the Constitution. The literature of the First Amendment has grown apace. Books on interpretation of the fourteen words in its speech and press clauses are numerous; I have added to the pile myself. But this book is different. It does not have the smell of the lamp, of theorizing at a distance. It is a report from the front lines. Here are men and women whose often eccentric lives led to great courtroom tests of freedom: Yetta Stromberg, who ix

Description:
For the last 25 years, William Bennett Turner has taught a course on the First Amendment at UC Berkeley. His book, Figures of Speech, describes the colorful characters who have played roles in important First Amendment controversies. Choosing figures and cases from his own personal experience, Turne
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