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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 83,360 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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After spending years working in the corporate world, Anthony Lewis finally decided to pursue a lifelong passion for writing. They currently reside in a quiet suburb where they spend most of their time outlining new stories, reading extensively, and occasionally attempting to bake.

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"Exceeded all my expectations. I adored how the story unfolded. It kept me captivated without sacrificing elegance. A true literary gem."
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Jennifer Brown
Jennifer Brown November 10, 2024
"Exceeded all my expectations. The author orchestrated a breathtaking finale. Truly a work of art. An effortless 5 stars."
Gary Rodriguez
Gary Rodriguez January 07, 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. Quite impressive overall."
Sandra Jones
Sandra Jones April 23, 2024
"Exceeded all my expectations. I became deeply invested in the protagonist's journey. A masterclass in storytelling. An effortless 5 stars."
Donald Clark
Donald Clark April 26, 2024
"Excellent, though slightly flawed. The protagonist was compelling, though some subplots felt slightly overshadowed. A solid 4 stars from me."
Margaret Gonzalez
Margaret Gonzalez August 09, 2024
"Masterpiece from start to finish. The prose is exquisite. It’s accessible yet undeniably sophisticated. A true literary gem."
Jacob Rivera
Jacob Rivera May 11, 2025
"A very strong entry. The protagonist was compelling, though some subplots felt slightly overshadowed. A solid 4 stars from me."
Michael White
Michael White February 11, 2025
"Absolutely brilliant. The prose is exquisite. It’s accessible yet undeniably sophisticated. I am now a lifelong fan of this author."
James King
James King May 03, 2025
"Excellent, though slightly flawed. It held my rapt attention, even when certain twists were telegraphed. Quite impressive overall."
Dorothy Thomas
Dorothy Thomas July 12, 2024
"Absolutely brilliant. I became deeply invested in the protagonist's journey. A masterclass in storytelling. A true literary gem."
James Roberts
James Roberts October 23, 2024
"I thoroughly enjoyed the elegance of it. A brilliant concept executed with flair. Just a few pacing choices I would change. A very distinguished novel."
Paul Miller
Paul Miller April 20, 2024
"Took a moment to build, but the payoff was spectacular. It held my rapt attention, even when certain twists were telegraphed. A wonderful companion for a quiet weekend."
Linda Gomez
Linda Gomez October 14, 2025
"Absolutely brilliant. The author orchestrated a breathtaking finale. Truly a work of art. I am now a lifelong fan of this author."
Richard Carter
Richard Carter June 10, 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 wonderful companion for a quiet weekend."
Barbara Flores
Barbara Flores September 29, 2024
"I was completely blown away. The prose is exquisite. It’s accessible yet undeniably sophisticated. A true literary gem."
Paul Lewis
Paul Lewis September 21, 2025
"I was completely blown away. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. A true literary gem."
Mark Lee
Mark Lee December 11, 2024
"A decent, if standard, experience. It possessed moments of brilliance, but the narrative felt slightly disjointed ultimately. Unlikely to reread, but a reasonable expenditure of time."
Jacob Cruz
Jacob Cruz October 26, 2025
"Honestly one of the most premium reading experiences lately. The author orchestrated a breathtaking finale. Truly a work of art. I am now a lifelong fan of this author."
Laura Miller
Laura Miller October 28, 2025
"Took a moment to build, but the payoff was spectacular. Beautiful writing, though I craved slightly more depth in the lore. Still, undeniably engaging. A very distinguished novel."
Ryan Phillips
Ryan Phillips February 11, 2024
"Exceeded all my expectations. The author orchestrated a breathtaking finale. Truly a work of art. An effortless 5 stars."
Margaret Gonzalez
Margaret Gonzalez October 13, 2024
"A highly sophisticated read. It held my rapt attention, even when certain twists were telegraphed. A wonderful companion for a quiet weekend."
Sharon Garcia
Sharon Garcia June 21, 2025
"A decent, if standard, experience. The prose was competent, yet the characters lacked the depth I usually seek. A fair 3 stars."
David Harris
David Harris August 21, 2024
"It was adequate. Certain acts were fascinating, while others felt like a slight endeavor to complete. Perhaps more aligned with a different audience's tastes."
Jacob Hall
Jacob Hall October 08, 2024
"A highly sophisticated read. Beautiful writing, though I craved slightly more depth in the lore. Still, undeniably engaging. A very distinguished novel."
Karen Diaz
Karen Diaz August 13, 2025
"A profoundly satisfying read. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. A true literary gem."
Gary Turner
Gary Turner December 12, 2025
"A very strong entry. Beautiful writing, though I craved slightly more depth in the lore. Still, undeniably engaging. A solid 4 stars from me."
Michelle Harris
Michelle Harris November 30, 2025
"Excellent, though slightly flawed. A brilliant concept executed with flair. Just a few pacing choices I would change. A very distinguished novel."
Donna Rodriguez
Donna Rodriguez August 02, 2025
"Took a moment to build, but the payoff was spectacular. The protagonist was compelling, though some subplots felt slightly overshadowed. A wonderful companion for a quiet weekend."
John Wilson
John Wilson October 28, 2024
"A very strong entry. A brilliant concept executed with flair. Just a few pacing choices I would change. I would highly recommend this to discerning readers."
Jessica Roberts
Jessica Roberts February 26, 2025
"A profoundly satisfying read. The author orchestrated a breathtaking finale. Truly a work of art. An effortless 5 stars."
Melissa Edwards
Melissa Edwards December 22, 2024
"Masterpiece from start to finish. The prose is exquisite. It’s accessible yet undeniably sophisticated. A true literary gem."
Eric Gomez
Eric Gomez January 26, 2024
"I thoroughly enjoyed the elegance of it. The protagonist was compelling, though some subplots felt slightly overshadowed. Quite impressive overall."
Brian  Davis
Brian Davis November 10, 2024
"A very strong entry. The protagonist was compelling, though some subplots felt slightly overshadowed. A very distinguished novel."
Christopher Garcia
Christopher Garcia November 04, 2024
"Exceeded all my expectations. The pacing was impeccable and the characters felt incredibly authentic. I was completely immersed. An absolute must-read for connoisseurs of the genre."
Kevin Taylor
Kevin Taylor October 04, 2024
"I was completely blown away. The prose is exquisite. It’s accessible yet undeniably sophisticated. Worth every moment spent reading."
Sarah Lopez
Sarah Lopez October 30, 2025
"A profoundly satisfying read. I became deeply invested in the protagonist's journey. A masterclass in storytelling. A true literary gem."
Thomas Diaz
Thomas Diaz June 08, 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."
Lisa Turner
Lisa Turner October 22, 2024
"I thoroughly enjoyed the elegance of it. The middle had a deliberate pace, but the climax was phenomenal. I would highly recommend this to discerning readers."
Mary Jones
Mary Jones July 12, 2024
"I thoroughly enjoyed the elegance of it. A brilliant concept executed with flair. Just a few pacing choices I would change. I would highly recommend this to discerning readers."
Kevin Taylor
Kevin Taylor July 23, 2024
"Absolutely brilliant. The author orchestrated a breathtaking finale. Truly a work of art. A true literary gem."
Christopher Mitchell
Christopher Mitchell January 12, 2025
"Excellent, though slightly flawed. The protagonist was compelling, though some subplots felt slightly overshadowed. Quite impressive overall."
William Diaz
William Diaz September 19, 2025
"Masterpiece from start to finish. The prose is exquisite. It’s accessible yet undeniably sophisticated. A true literary gem."
Amanda Rivera
Amanda Rivera April 07, 2025
"It was adequate. The tempo was somewhat languid, and I found my mind wandering. Not poor, simply average. Perhaps more aligned with a different audience's tastes."
Gary Turner
Gary Turner March 03, 2024
"Excellent, though slightly flawed. It held my rapt attention, even when certain twists were telegraphed. A wonderful companion for a quiet weekend."
Kenneth Phillips
Kenneth Phillips April 03, 2025
"Honestly one of the most premium reading experiences lately. It strikes a perfect harmony of dialogue and world-building. Every chapter felt necessary. An effortless 5 stars."
Karen Williams
Karen Williams October 11, 2025
"Honestly one of the most premium reading experiences lately. I became deeply invested in the protagonist's journey. A masterclass in storytelling. An absolute must-read for connoisseurs of the genre."
Dorothy Taylor
Dorothy Taylor February 09, 2024
"Excellent, though slightly flawed. The middle had a deliberate pace, but the climax was phenomenal. A wonderful companion for a quiet weekend."
Eric Edwards
Eric Edwards August 06, 2024
"I find myself somewhat conflicted. Certain acts were fascinating, while others felt like a slight endeavor to complete. A fair 3 stars."
Cynthia Miller
Cynthia Miller August 20, 2024
"Not entirely to my refined tastes. It possessed moments of brilliance, but the narrative felt slightly disjointed ultimately. Perhaps more aligned with a different audience's tastes."
Nicholas Harris
Nicholas Harris December 04, 2024
"A very strong entry. Beautiful writing, though I craved slightly more depth in the lore. Still, undeniably engaging. A wonderful companion for a quiet weekend."
Carol Robinson
Carol Robinson January 16, 2025
"Exceeded all my expectations. The author orchestrated a breathtaking finale. Truly a work of art. I am now a lifelong fan of this author."
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