If an organizing symbol makes sense in First Amendment jurisprudence, it is not the image of a content-neutral government, argues Steven Shiffrin, nor is it a town-hall meeting or even a robust marketplace of ideas. If the First Amendment is to have an organizing symbol, let it be an Emersonian symbol: let it be the image of the dissenter.
Originally published in 1993.
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"[Surprises] are in store for readers of [this book]. The biggest one is that [Shiffrin's] First Amendment exemplars aren't such history-making United States Supreme Court justices as Oliver Wendell Holmes and William J. Brennan but Walt Whitman and Ralph Waldo Emerson."--Herbert Mitgang, The New York Times
"[Shiffrin] masterfully makes the best case for an enduring constitutional and cultural love affair with the First Amendment."--Ronald Collins, ABA Journal
This treatise on free speech examines the role of the First Amendment in the American way of life. It traces the history of American jurisprudence through figures such as Ralph Waldo Emerson and Supreme Court Judge Oliver Wendell Holmes, and argues that the voice of the dissenter must be heard.
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