Free Expression and Popular Opinion: Cases and Principles

In Freedom for the Thought We Hate, Anthony Lewis makes the point that free speech is not always popular. In fact, Lewis writes, "Some of the greatest judicial opinions have run against popular opinion—as did those of [Justice] Holmes and Brandeis when they dissented from the punishment of radical speech" (p. 180). For this final blog post, briefly describe and explain one Supreme Court case that has been at odds with popular opinion. Note: To assist you in this task, refer to the "Table of Cases" in the Lewis book, pp. 193-195.

Write about 200-250 words (about 13-15 sentences). As noted above, your task is to (1) describe the most important facts of the case you select and (2) explain how and why the decision in this case was unpopular.

This assignment is due by midnight on Tuesday, November 27. We will discuss these cases in our class on Wednesday at 2 p.m. See you then.

The First Amendment: An Unfinished Tale

In his book Freedom for the Thought That We Hate, Anthony Lewis traces the back-and-forth nature of First Amendment freedoms. "Ours is the most outspoken society on earth," he writes on the first page of the Introduction. Yet Lewis also notes that U.S. history is littered with restrictions on free speech, actions that have not lived up to the high ideals and liberties of the First Amendment.

For this blog assignment, read Lewis' Introduction as well as Chapters 1-5. From these chapters, identify one significant example of a failure of the First Amendment to protect the free expression rights of the citizens. Briefly explain the facts and First Amendment issues of your case and answer these questions: (1) Why did this breech of the First Amendment occur at the time it occurred? and (2) What is the significance of this case for us today?

Write about 250 words (about 14 sentences) for this post. Cite specifics from the reading to support your examples and strengthen your arguments. See you Monday.