Description
Book SynopsisRegardless of how the presidency of Donald J. Trump ultimately concludes, a significant part of its legacy will relate to the First Amendment. The president has publicly attacked the institutional press and individual reporters, calling them the enemy of the people. He has proposed that flag burners be jailed and de-naturalized, blocked critics from his Twitter page, communicated hateful and derogatory ideas, and defended the speech of white nationalists. More than any other modern president, Trump has openly challenged fundamental First Amendment norms and principles relating to free speech and free press. These challenges have come at a time when the institutional press faces economic and other pressures that negatively affect their functions and legitimacy, political and other forms of polarization are on the rise, and protesters face diminished space and opportunities for exercising free speech rights. The First Amendment in the Trump Era catalogs and analyzes the various First Amendment conflicts that have occurred during the Trump presidency. It places these conflicts in historical context-as part of our current digitized and polarized era but also as part of a broader narrative concerning attacks on free speech and press. We must understand what is familiar in terms of the First Amendment concerns of the present era, but also what is distinctive about these concerns. The Trump Era has once again reminded us of the need for a free and independent press, the need to protect robust and sometimes caustic criticism of public officials, and the importance of protest and dissent to effective self-government.
Trade Review"In The First Amendment in the Trump Era, Timothy Zick offers a compelling anddeeply disturbing analysis of how our nation's long-standing commitment to free andopen discourse has been seriously undermined by a President who viciously attacksthe press as "the enemy of the people" and who callously denigrates his critics as"crazy," "corrupt," and "dishonest." This book makes a truly important contribution toour understanding of the contemporary First Amendment." * Geoffrey R. Stone,, Edward H. Levi Distinguished Service Professor of Law, University of Chicago Law School, *
"In a period characterized by the President's public declaration of a "war on the press,"the attempted subversion of truth, and the censorship of dissent, Tim Zick's book is amust read. The Trump Era forces us to think clearly and carefully about why we mustagain embrace and defend core First Amendment values and principles. Zick's bookshows how the lessons of the past can helpfully guide us through the unique FirstAmendment challenges we face today." * Nadine Strossen,, John Marshall Harlan II Professor of Law, New York Law Schooland author of HATE: Why We Should Resist it With Free Speech, Not Censorship (2018), *
"Professor Zick identifies the damage that can be done to a culture of free expressionby a general ignorance of, and disregard for, constitutional norms. He does so not byengaging in hyperbolic rhetoric or partisan rants, but by clearly and concisely placingcurrent First Amendment controversies in their proper legal and historical perspectives.This is a book for anyone who believes, as I do, that the American constitutional systemwas designed by geniuses so that it could survive even the rule of idiots." * Robert Corn-Revere,, First Amendment Attorney, Davis Wright Tremaine LLP *
Table of ContentsIntroduction Chapter 1. The Fragility and Necessity of a Free Press Chapter 2. Sedition and Democratic Dissent Chapter 3. The Anti-Orthodoxy Principle Chapter 4. Preserving the Public Forum Chapter 5. Why Hate Speech is (Mostly) Protected Speech Chapter 6. The Values of Dissent Index
