Free Speech and its Relation to Self-Government by Alexander Meiklejohn

by Alexander Meiklejohn

Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. "Dr. Meiklejohn, in a book which greatly needed writing, hasthought through anew the foundations and structure of our theoryof free speech . . . he rejects all compromise. He reexamines thefundamental principles of Justice Holmes' theory of free speechand finds it wanting because, as he views it, under the Holmesdoctrine speech is not free enough. In these few pages, Holmesmeets an adversary worthy of him . . . Meiklejohn in his own waywrites a prose as piercing as Holmes, and as a foremost Americanphilosopher, the reach of his culture is as great . . . this is the mostdangerous assault which the Holmes position has ever borne." --JOHN P. FRANK, Texas Law Review 27:405-412.ALEXANDER MEIKLEJOHN [1872-1964] was dean of BrownUniversity from 1901-1913, when he became president of AmherstCollege. In 1923 Meiklejohn moved to the University of Wisconsin-Madison, where he set up an experimental college. He was a longtimemember of the National Committee of the American Civil LibertiesUnion. In 1945 he was a United States delegate to the charter meetingof UNESCO in London. Lectureships have been named for him at BrownUniversity and at the University of Wisconsin. He was awarded thePresidential Medal of Freedom in 1963.

Genres: Philosophy

Unknown Binding

First published December 27, 2011

Reviews

[Deborah · Rating 4 out of 5]

Good foundational reading for FA theory. Very clear and easily digestible set of lectures on the idea of self-government as both a historical driver and contemporary result of our understanding and social commitment to the First Amendment. The author shares his theory (broadly stated here) that First Amendment protections are reserved for speech in the “public interest” versus individual personal freedoms separately outlined in the Fifth Amendment (and 14th re state rights). He articulates his reasoning with clarity, along with his argument refuting Justice Holmes’ ruling originating the “clear and present danger” test (and subsequent “balancing” test). Whether or not you agree with his position, the book clearly connects the dots among government repression of speech, what it means to self-govern, and how our contemporary translations of these principles can greatly affect the health of our democracy.

[Jenny · Rating 4 out of 5]

Classic for a reason.

[Nicktimebreak · Rating 5 out of 5]

大半年前，看了安东尼刘易斯的《言论的边界》——一部美国宪法第一修正案的简史，作者通过大量的司法案例实践，梳理了两百多年来关于言论自由这一「社会核心价值观」在美国的发展。当时我还深深的臣服于霍姆斯大法官关于言论自由的判定。然而在这本书里，“明显且即刻的危险”这个在我看来挽救言论自由的原则，成了批判的对象。但不得不说米克尔约翰的论证也令我心悦诚服。本书在开篇将人民自由与人民自治结合在一起帮助读者理解权利法案的背景，论证中作者保留了第一修正案的绝对自由——用于保护公言论，而将第五修正案用来保护私言论，并着重批判了“明显且即刻的危险”破坏自治原则，不利教育年轻公民，错用修正案的问题。BTW，本书的译后记也值得一读。

[Vera]

结合最近的新闻看，自由这两个字真是讽刺。