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A powerful indictment of contemporary attacks on free speech, this book argues for a vigorous First Amendment jurisprudence protecting even offensive types of speech. In recent years, political activists, academics, and legal specialists have attacked traditional notions of free speech protection as they concern hate speech, obscenity, and pornography. They have called for changes in Supreme Court doctrine in defining the First Amendment and have argued that the traditional view of free speech actually creates and perpetuates a society in which the weak--women, minorities, the poor--have no voice. While recognizing their fears, Nicholas Wolfson argues that it is impossible to separate bad speech from good speech without fatally compromising the uniquely American concept of free speech, and that efforts to modify our concept of free speech for a greater egalitarian good can only result in undue state influence over private speech. In a keenly argued analysis, he finds that, in the end, the preservation of free and vigorous speech requires a strong First Amendment protection for even the most hateful of speech.

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CHOICE Review

This volume should be required reading for all those who have been taken in by the faulty arguments of Richard Delgardo, Dinesh D'Sousa, Catharine MacKinnon, and their followers. In its forceful case for a strong First Amendment, Wolfson's study deserves a place beside Franklyn Haiman's "Speech Acts" and the First Amendment (CH, Apr'94). The weak point in Wolfson's book is the chapter on inequality as a free speech issue. By dealing with this topic in large part as a subset of the hate-speech and sex-speech problems, Wolfson (law, Univ. of Connecticut) gives meager and dismissive attention to the very real contemporary problem of unequal political speech. Every November in states from North Carolina to the Northwest, elections are bought for candidates who have sold their services to big contributors; money-produced monopolies are in the marketplace for political ideas. The present study would have been greatly improved if Wolfson had seriously addressed this issue. Perhaps that will be the focus of another study. The present volume, extensively annotated with an excellent bibliography, is highly recommended for all academic, public, and professional collections. P. E. Kane; emeritus, SUNY College at Brockport

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NICHOLAS WOLFSON is the George and Helen England Professor of Law at the University of Connecticut School of Law where he teaches courses in Free Speech, Securities Regulation and Corporate Law. He has published extensively in these fields: his books include Corporate First Amendment Rights and the SEC (Quorum, 1990) and The Modern Corporation: Free Markets vs. Regulation (1984).