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''Freedom for the Thought That We Hate: A Biography of the First Amendment'' is a 2007 non-fiction book by journalist Anthony Lewis about freedom of speech, freedom of the press, freedom of thought, and the First Amendment to the United States Constitution. The book starts by quoting the First Amendment, which prohibits the U.S. Congress from creating legislation which limits free speech or freedom of the press. Lewis traces the evolution of civil liberties in the U.S. through key historical events. He provides an overview of important free speech case law, including U.S. Supreme Court opinions in ''Schenck v. United States'' (1919), ''Whitney v. California'' (1927), ''United States v. Schwimmer'' (1929), ''New York Times Co. v. Sullivan'' (1964), and ''New York Times Co. v. United States'' (1971). The title of the book is drawn from the dissenting opinion by Supreme Court Associate Justice Oliver Wendell Holmes, Jr. in ''United States v. Schwimmer''. Holmes wrote that "if there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought—not free thought for those who agree with us but freedom for the thought that we hate."〔 Lewis warns the reader against the potential for government to take advantage of periods of fear and upheaval in a post-9/11 society to suppress freedom of speech and criticism by citizens. The book was positively received by reviewers, including Jeffrey Rosen in ''The New York Times'', Richard H. Fallon in ''Harvard Magazine'', Nat Hentoff, two National Book Critics Circle members, and ''Kirkus Reviews''. Jeremy Waldron commented on the work for ''The New York Review of Books'' and criticized Lewis' stance towards freedom of speech with respect to hate speech. Waldron elaborated on this criticism in his book ''The Harm in Hate Speech'' (2012), in which he devoted a chapter to Lewis' book. This prompted a critical analysis of both works in ''The New York Review of Books'' in June 2012 by former Supreme Court Justice John Paul Stevens. ==Contents== ''Freedom for the Thought That We Hate'' analyzes the value of freedom of speech and presents an overview of the historical development of rights afforded by the First Amendment to the United States Constitution. Its title derives from Justice Holmes' admonition, in his dissenting opinion in ''United States v. Schwimmer'' (1929),〔〔〔 that the First Amendment's guarantees are most worthy of protection in times of fear and upheaval, when calls for suppression of dissent are most strident and superficially appealing.〔〔〔 Holmes wrote that "if there is any principle of the Constitution that more imperatively calls for attachment than any other, it is the principle of free thought—not free thought for those who agree with us but freedom for the thought that we hate."〔〔 The book starts by quoting the First Amendment, which prohibits the U.S. Congress from creating legislation that limits free speech or freedom of the press.〔〔 The author analyzes the impact of this clause and refers to the writer of the United States Constitution, James Madison, who believed that freedom of the press would serve as a form of separation of powers to the government.〔 Lewis writes that an expansive respect for freedom of speech informs the reader as to why citizens should object to governmental attempts to block the media from reporting about the causes of a controversial war.〔 Lewis warns that, in a state in which controversial views are not allowed to be spoken, citizens and reporters merely serve as advocates for the state itself.〔 He recounts key historic events in which fear led to overreaching acts by the government, particularly from the executive branch.〔 The author gives background on the century-long process by which the U.S. judicial system began defending publishers and writers from attempts at suppression of speech by the government.〔 In 1798, the federal government, under President John Adams, passed the Alien and Sedition Acts, which deemed "any false, scandalous and malicious writing or writings against the government of the United States" a criminal act.〔 The Alien and Sedition Acts were used for political impact against members of the Republican Party in order to punish them for criticizing the government.〔 Thomas Jefferson was elected the next president in 1800; Lewis cites this as an example of the American public's dissatisfaction with Adams' actions against freedom of speech.〔 After taking office in 1801, Jefferson issued pardons to those convicted under the Alien and Sedition Acts.〔〔 Lewis interprets later historical events as affronts to freedom of speech, including the Sedition Act of 1918 which effectively outlawed criticism of the government's conduct of WW I; and the McCarran Internal Security Act and Smith Act, which were used to imprison American communists who where critical of the government during the McCarthy era.〔 During World War I, with increased fear among the American public and attempts at suppression of criticism by the government, the First Amendment was given wider examination in the U.S. Supreme Court.〔 Lewis writes that Associate Justices Louis Brandeis and Oliver Wendell Holmes, Jr., began to interpret broader support for freedom of speech imparted by the First Amendment.〔 Holmes wrote in the case of ''Schenck v. United States'' that freedom of speech must be defended except for situations in which "substantive evils" are caused through a "clear and present danger" arising from such speech.〔 The author reflects on his view of speech in the face of imminent danger in an age of terrorism.〔 He writes that the U.S. Constitution permits suppression of speech in situations of impending violence, and cautions use of the law to suppress expressive acts including burning a flag or using offensive slang terms.〔 Lewis asserts that punitive measures can be taken against speech which incites terrorism to a group of people willing to commit such acts.〔 The book recounts an opinion written by Brandeis and joined by Holmes in the 1927 case of ''Whitney v. California'' which further developed the notion of the power of the people to speak out.〔 Brandeis and Holmes emphasized the value of liberty, and identified the most dangerous factor to freedom as an apathetic society averse to voicing their opinions in public.〔 In the 1964 Supreme Court case of ''New York Times Co. v. Sullivan'', the court ruled that speech about issues of public impact should be unrestricted, vigorous and public, even if such discussion communicates extreme negative criticism of public servants and members of government.〔 Lewis praises this decision, and writes that it laid the groundwork for a press more able to perform investigative journalism concerning controversies, including the Watergate scandal and the Vietnam War.〔 He cites the ''New York Times Co. v. Sullivan'' decision as an example of "Madisonian" philosophy towards freedom of speech espoused by James Madison.〔 The author examines the 1971 U.S. Supreme Court case of ''New York Times Co. v. United States'', and endorses the court's decision, which allowed the press to publish classified material relating to the Vietnam War.〔 The author questions the actions of the media with respect to privacy. He observes that public expectations regarding morality and what constitutes an impermissible violation of the right to privacy has changed over time.〔 Lewis cites the dissenting opinion by Brandeis in ''Olmstead v. United States'', which supported a right to privacy.〔 Lewis warns that, during periods of heightened anxiety, the free speech rights of Americans are at greater risk: "there will always be authorities who try to make their own lives more comfortable by suppressing critical comment."〔 He concludes that the evolution of interpretation of the rights afforded by the First Amendment has created stronger support for freedom of speech.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Freedom for the Thought That We Hate」の詳細全文を読む スポンサード リンク
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