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Freedom for the Thought That We Hate: A Biography of the First Amendment

Freedom for the Thought We Hate: Tales of the First Amendment

Penned By Anthony Lewis
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Freedom for the Thought That We Hate: A Biography of the First Amendment

Freedom for the Thought We Hate: Tales of the First Amendment

Penned By Anthony Lewis
4.85 58,785 Ratings
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Editor's Note:
言論自由是民主政府合法性的泉源。也是約束政府惡行最有效的機制!  有「美國第十位大法官」之美譽的兩屆普立茲獎得主,  從美國憲法增修條文第一條的詮釋與應用,  探索言論自由的保障從何而來?言論自由的範圍以何處為界?  除非導致「明顯且立即的危險」,任何言論不應受限制。  除非存心「蓄意撒謊或輕率疏忽」,任何對政府的批評不該被懲處。  「人民有言論、出版與新聞的自由,政府不得任意限制或剝奪。」這樣的概念,在今天世界的民主國家,已經成為人們生活中想當然耳、不容挑戰的傳統。而美國國會於1791年通過的「憲法增修條文第一條」,對當代言論自由的思想與實踐發揮了巨大的啟迪效果,且讓美國超越了西歐等其他民主國家,成為對言論自由的保障最堅定、最寬廣的國家。譬如,任何尋常百姓的一句話、作家的一則評論、新聞媒體的一篇報導,除非能引發「明顯且立即的危險」,都不該受到任何事前審查或事後懲處。政府或公眾人物除非能證明被告蓄意撒謊、或是輕率疏忽,否則無法以誹謗陷人於罪。這是1919年的霍姆斯大法官與1964年的蘇利文案留下的兩項重大典範。  然而,如果我們回顧歷史,就會發現當代言論自由的保障其實經過漫長的發展,並非一蹴可幾。「憲法增修條文第一條」通過之初並未受到重視。1798年,第二任總統亞當斯簽署通過《反煽動叛亂法》,禁止詆毀政府、侮辱元首的批評。在第一次世界大戰時,威爾遜總統通過的《間諜法》限制任何反戰或「對國家不忠」的言論。之後,美國政府仍然常以事涉國家機密、威脅國家安全等理由,對新聞報導、採訪與評論進行打壓……  我們憎惡的思想也應享有自由。但是,言論自由不該無限上綱。  面對仇恨、歧視、猥褻、侵犯隱私的評論與報導,在捍衛言論與保障其他價值之間,我們該如何抉擇?  《異見的自由》作者安東尼‧路易斯是聲譽斐然的資深司法記者。在本書中,他首先帶領讀者走進「增修條文第一條」誕生的歷史現場,闡揚美國憲法起草人麥迪遜等建國先賢極力爭取、捍衛言論自由的理由,進而從過去兩百多年來的司法爭議、雙方辯辭,以及一樁又一樁最高法院大法官的判決當中,探索「增修條文第一條」之立法宗旨,並如何在無數的作家、記者、出版商、異議分子的努力抗爭下,擴大其對人民「思其所欲、言其所思」之權利的保障。  然而,享有「美國第十位大法官」之美譽的安東尼‧路易斯亦強調,言論自由不該無限上綱,而必須與民主社會中的其他重要價值與利益相互調和。譬如,當新聞採訪報導的權利與個人保障其隱私不被侵犯的利益相衝突時,孰輕孰重?法院為了公正的審判,難道沒有權利要求媒體記者公布其消息來源嗎?此外,為了保護弱勢族群而限制仇恨、歧視言論的規範,不該獲得比言論自由更多的尊重嗎?在諸多重大爭議上,路易斯亦表達了他個人不苟同大法官判決的立場。  透過對思想脈絡的分析與法庭攻防的爬梳,《異見的自由》不僅是對美國憲法精神與言論自由之真諦極為精彩的發揚,幫助我們瞭解到為何「我們憎惡的思想也應享有自由」,亦是對當代社會諸多重大多元、矛盾價值的深刻探討。任何一位關心民主社會能如何透過理性的法律來解決社會衝突、保障基本人權與多元價值的現代公民,皆應詳讀本書。  本書中關於「增修條文第一條」之重要立法與判決  ◎1735年,曾格案:首起保障新聞自由的案件,逐步確立媒體有對政府官員進行批評的自由。  ◎1791年,增修條文第一條通過,禁止國會立法剝奪言論與出版自由。  ◎1798年,美國憲法之父詹姆斯‧麥迪遜在《維吉尼亞決議案》中指出:「自由檢驗公共人物與公共事務」是美國政治制度的基礎。  ◎1919年,申克訴合眾國案:霍姆斯大法官指出,言論若有造成明顯且立即的危險之虞,才應受懲處的判決準則。  ◎1929,合眾國訴施維默案:霍姆斯大法官在意見書中寫道:「我們憎惡的思想也應享有自由。」  ◎1930年,尼爾訴明尼蘇達州案:保障新聞媒體有權利對政府作為、失職和犯行進行批評。在此案之後,確立了新聞報導有免於事前限制的自由。  ◎1931年,史通伯格訴加州案:除了言語之外,象徵性言論也受增修條文第一條保護。  ◎1941年,布里奇斯訴加州案:大法官布萊克倡議,增修條文第一條的立意在於賦予美國人民比英國在言論自由上更為堅實的保障。  ◎1964年,紐約時報訴蘇利文案:終止誹謗政府會受罰的歷史。  ◎1967年,時代雜誌訴希爾案:高舉「知的權利」的地位凌駕隱私權之上。在文明社會中生活的人,必定得有向大眾揭露隱私的必要。  ◎1969年,布蘭登堡訴俄亥俄州案:最高法院對鼓吹暴力或犯罪的行為提出新的檢驗標準。除非言論有煽動他人立即犯罪,且有可能促成立即犯罪,否則不得懲罰。  ◎1990年,合眾國訴艾希曼案:最高法院裁定《國旗保護法》違憲,因為表達政治立場之自由正是美國憲法意欲保障的自由。  ◎2002年,明尼蘇達州共和黨訴懷特案:法官候選人得以公開表達對敏感議題的個人意見。法院政治化即使日趨嚴重,也是我們維護言論自由的體制必須付出的代價。

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Released December 28, 2007
Identifier (ISBN) 958040
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Anthony Lewis

Anthony Lewis is the author of several novels. Originally from the East Coast, they now live in the Midwest with family. In addition to writing, Anthony Lewis enjoys gardening, cooking, and reading way past bedtime. Their work often explores the complexities of everyday life and human relationships.

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Kenneth King December 17, 2025
"Such a rich narrative. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. An effortless 5 stars."
Rebecca Phillips
Rebecca Phillips November 17, 2024
"Excellent, though slightly flawed. The protagonist was compelling, though some subplots felt slightly overshadowed. Quite impressive overall."
James Mitchell
James Mitchell January 19, 2025
"I thoroughly enjoyed the elegance of it. A brilliant concept executed with flair. Just a few pacing choices I would change. A solid 4 stars from me."
Edward Moore
Edward Moore November 29, 2024
"Absolutely brilliant. I adored how the story unfolded. It kept me captivated without sacrificing elegance. I will undoubtedly revisit this masterpiece."
Stephanie Baker
Stephanie Baker August 31, 2025
"I find myself somewhat conflicted. The prose was competent, yet the characters lacked the depth I usually seek. Perfectly average."
Mary  Davis
Mary Davis March 13, 2024
"A profoundly satisfying read. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. A true literary gem."
Jessica Garcia
Jessica Garcia July 28, 2025
"Exceeded all my expectations. The author orchestrated a breathtaking finale. Truly a work of art. Worth every moment spent reading."
Donna Smith
Donna Smith July 10, 2024
"An acceptable diversion. The prose was competent, yet the characters lacked the depth I usually seek. Unlikely to reread, but a reasonable expenditure of time."
Melissa Baker
Melissa Baker September 04, 2024
"I was completely blown away. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. Worth every moment spent reading."
Anthony Moore
Anthony Moore February 04, 2024
"I thoroughly enjoyed the elegance of it. Beautiful writing, though I craved slightly more depth in the lore. Still, undeniably engaging. A wonderful companion for a quiet weekend."
Michael Scott
Michael Scott July 24, 2025
"Such a rich narrative. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. An effortless 5 stars."
Steven King
Steven King February 26, 2024
"It was adequate. The prose was competent, yet the characters lacked the depth I usually seek. Perfectly average."
Edward Moore
Edward Moore January 29, 2024
"Absolutely brilliant. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. An absolute must-read for connoisseurs of the genre."
Mark Johnson
Mark Johnson February 25, 2025
"Exceeded all my expectations. I became deeply invested in the protagonist's journey. A masterclass in storytelling. Worth every moment spent reading."
James Johnson
James Johnson February 24, 2025
"A profoundly satisfying read. I became deeply invested in the protagonist's journey. A masterclass in storytelling. An effortless 5 stars."
Donna Lewis
Donna Lewis February 08, 2024
"Excellent, though slightly flawed. The protagonist was compelling, though some subplots felt slightly overshadowed. A solid 4 stars from me."
Anthony Nelson
Anthony Nelson November 03, 2025
"A highly sophisticated read. It held my rapt attention, even when certain twists were telegraphed. A solid 4 stars from me."
Mark Miller
Mark Miller February 21, 2024
"I find myself somewhat conflicted. The tempo was somewhat languid, and I found my mind wandering. Not poor, simply average. A fair 3 stars."
Edward Lopez
Edward Lopez October 19, 2024
"A decent, if standard, experience. It possessed moments of brilliance, but the narrative felt slightly disjointed ultimately. Perfectly average."
Matthew Hall
Matthew Hall August 23, 2025
"I was completely blown away. The prose is exquisite. It’s accessible yet undeniably sophisticated. A true literary gem."
John Walker
John Walker May 27, 2025
"Absolutely brilliant. I became deeply invested in the protagonist's journey. A masterclass in storytelling. I am now a lifelong fan of this author."
Paul Martin
Paul Martin May 13, 2024
"Exceeded all my expectations. The prose is exquisite. It’s accessible yet undeniably sophisticated. I will undoubtedly revisit this masterpiece."
Nicholas Taylor
Nicholas Taylor June 09, 2024
"Exceeded all my expectations. I became deeply invested in the protagonist's journey. A masterclass in storytelling. An effortless 5 stars."
Matthew Gonzalez
Matthew Gonzalez December 03, 2025
"I was completely blown away. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. I will undoubtedly revisit this masterpiece."
Steven Flores
Steven Flores November 19, 2024
"Such a rich narrative. I became deeply invested in the protagonist's journey. A masterclass in storytelling. I am now a lifelong fan of this author."
Mark Gomez
Mark Gomez February 25, 2025
"A profoundly satisfying read. The author orchestrated a breathtaking finale. Truly a work of art. Worth every moment spent reading."
Sharon Martinez
Sharon Martinez February 04, 2025
"A very strong entry. The middle had a deliberate pace, but the climax was phenomenal. A wonderful companion for a quiet weekend."
John Wright
John Wright March 16, 2025
"Exceeded all my expectations. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. I am now a lifelong fan of this author."
Joseph Martinez
Joseph Martinez October 13, 2025
"Honestly one of the most premium reading experiences lately. I adored how the story unfolded. It kept me captivated without sacrificing elegance. A true literary gem."
Elizabeth Jones
Elizabeth Jones August 06, 2025
"I was completely blown away. I adored how the story unfolded. It kept me captivated without sacrificing elegance. I will undoubtedly revisit this masterpiece."
John Walker
John Walker October 01, 2024
"Masterpiece from start to finish. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. Worth every moment spent reading."
Andrew Williams
Andrew Williams June 11, 2024
"Such a rich narrative. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. A true literary gem."
Jacob Torres
Jacob Torres August 22, 2025
"An acceptable diversion. It verged on repetitive in the second act. A more concise edit would have served it well. Perfectly average."
Ryan Martin
Ryan Martin October 28, 2025
"I thoroughly enjoyed the elegance of it. A brilliant concept executed with flair. Just a few pacing choices I would change. A solid 4 stars from me."
Betty Robinson
Betty Robinson January 22, 2025
"Exceeded all my expectations. The prose is exquisite. It’s accessible yet undeniably sophisticated. An absolute must-read for connoisseurs of the genre."
Joseph Turner
Joseph Turner October 24, 2024
"Exceeded all my expectations. I became deeply invested in the protagonist's journey. A masterclass in storytelling. I am now a lifelong fan of this author."
Ryan Allen
Ryan Allen May 13, 2025
"Such a rich narrative. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. I am now a lifelong fan of this author."
Nicholas Sanchez
Nicholas Sanchez April 19, 2024
"Absolutely brilliant. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. I will undoubtedly revisit this masterpiece."
Steven Nguyen
Steven Nguyen December 29, 2024
"A highly sophisticated read. The protagonist was compelling, though some subplots felt slightly overshadowed. A very distinguished novel."
Stephanie Campbell
Stephanie Campbell September 18, 2024
"Honestly one of the most premium reading experiences lately. I became deeply invested in the protagonist's journey. A masterclass in storytelling. An effortless 5 stars."
Melissa  Parker
Melissa Parker January 17, 2025
"Excellent, though slightly flawed. It held my rapt attention, even when certain twists were telegraphed. A very distinguished novel."
Donna Lewis
Donna Lewis June 06, 2024
"Honestly one of the most premium reading experiences lately. I became deeply invested in the protagonist's journey. A masterclass in storytelling. Worth every moment spent reading."
Mark Reyes
Mark Reyes November 17, 2025
"Exceeded all my expectations. The author orchestrated a breathtaking finale. Truly a work of art. An absolute must-read for connoisseurs of the genre."
Charles Wilson
Charles Wilson April 05, 2025
"Masterpiece from start to finish. I became deeply invested in the protagonist's journey. A masterclass in storytelling. I am now a lifelong fan of this author."
Rebecca Walker
Rebecca Walker March 27, 2024
"Took a moment to build, but the payoff was spectacular. A brilliant concept executed with flair. Just a few pacing choices I would change. A solid 4 stars from me."
Nicholas Taylor
Nicholas Taylor January 22, 2025
"Absolutely brilliant. I became deeply invested in the protagonist's journey. A masterclass in storytelling. I will undoubtedly revisit this masterpiece."
Elizabeth Hall
Elizabeth Hall July 09, 2025
"I was completely blown away. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. An absolute must-read for connoisseurs of the genre."
Joshua Young
Joshua Young November 28, 2025
"Absolutely brilliant. The prose is exquisite. It’s accessible yet undeniably sophisticated. An absolute must-read for connoisseurs of the genre."
Jessica Robinson
Jessica Robinson October 30, 2024
"Honestly one of the most premium reading experiences lately. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. I will undoubtedly revisit this masterpiece."
Linda Carter
Linda Carter December 20, 2024
"Masterpiece from start to finish. I became deeply invested in the protagonist's journey. A masterclass in storytelling. An absolute must-read for connoisseurs of the genre."
Susan Clark
Susan Clark March 16, 2025
"Masterpiece from start to finish. I became deeply invested in the protagonist's journey. A masterclass in storytelling. A true literary gem."
Matthew Robinson
Matthew Robinson April 30, 2024
"I find myself somewhat conflicted. Certain acts were fascinating, while others felt like a slight endeavor to complete. A fair 3 stars."
Elizabeth Nguyen
Elizabeth Nguyen June 27, 2024
"A highly sophisticated read. The middle had a deliberate pace, but the climax was phenomenal. Quite impressive overall."
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