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Eternally Vigilant

Free Speech in the Modern Era

While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media.

"With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal

Contributors:

Lillian R. BeVier
Vincent Blasi
Lee C. Bollinger
Stanley Fish
Owen M. Fiss
R. Kent Greenawalt
Richard A. Posner
Robert C. Post
Frederick Schauer
Geoffrey R. Stone
David A. Strauss
Cass R. Sunstein

340 pages | 6 x 9 | © 2001

Law and Legal Studies: The Constitution and the Courts

Table of Contents

Preface
Dialogue
Freedom of Speech and the Common-Law Constitution
Free Speech and Good Character: From Milton to Brandeis to the Present
"Clear and Present Danger" and Criminal Speech
The Speech Market and the Legacy of Schenck
Reconciling Theory and Doctrine in First Amendment Jurisprudence
First Amendment Opportunism
The Dance of Theory
The Invisible Hand of the Marketplace of Ideas
The Censorship of Television
The Future of Free Speech
Epilogue
List of Contributors
Index

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