Confessions of a Free Speech Lawyer
Charlottesville and the Politics of Hate
by Rodney A. Smolla
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Pub Date May 15 2020 | Archive Date May 06 2020
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Description
In the personal and frank Confessions of a Free Speech Lawyer, Rodney A. Smolla offers an insider's view of the violent confrontations in Charlottesville during the "Summer of Hate." Blending memoir, courtroom drama, and a consideration of the unresolved wound of racism in our society, he shines a light on the conflict between the value of free speech and the protection of civil rights.
Smolla has spent his career in the thick of these tempestuous and fraught issues, from acting as lead counsel in a famous Supreme Court decision challenging Virginia's anti-cross burning law, to being co-counsel in a libel suit brought by a fraternity against Rolling Stone magazine for publishing an article alleging a gang-rape initiation ritual. And yet, he has also been active as a university leader, where he has served as Dean of three law schools and President of one, railing against hate speech and sexual assault on American campuses.
Well before the tiki torches cast their ominous shadows across the nation, the city of Charlottesville sought to relocate the "Unite the Right" rally; Smolla was approached to represent the alt-right groups. Though he declined, he came to wonder what his history of advocacy had wrought. Feeling unsettlingly complicit, he joined the Charlottesville Task Force, where he realized that the events that transpired had meaning and resonance far beyond a singular time and place. Why, he wonders, has one of our foundational rights created a land in which such tragic clashes happen all too frequently?
Rodney A. Smolla is Dean and Professor of Law at the Delaware Law School of Widener University and is the author of numerous books, including The Constitution Goes to College, Deliberate Intent, and Jerry Falwell v. Larry Flynt. He is a nationally known scholar and writer and has presented oral argument in state and federal courts across the country.
Advance Praise
"This book is dazzling in its interweaving of such a rich tapestry of information and analysis, told in the form of mesmerizing stories. This book should be read by everyone from Supreme Court Justices to high school students."—Nadine Strossen, Former President, American Civil Liberties Union, author of HATE
"Unlike anything I have read, this is a terrific book that uses Charlottesville as a lens to look at larger issues with regard to speech and race. Clear and engaging, it is stunning in its descriptions of the First Amendment."—Erwin Chemerinsky, Berkeley Law, author of We The People
Available Editions
| EDITION | Other Format |
| ISBN | 9781501749650 |
| PRICE | $28.95 (USD) |
| PAGES | 352 |
Links
Available on NetGalley
Featured Reviews
G H, Reviewer
In Rodney A. Smolla's fascinating and deeply thought provoking book, one of the most contentious and complex subjects facing a democratic society is examined, namely that of free speech. Where (if any) should the boundaries lay and can one really defend free speech when it is in essence hate speech? This issue is rather different when it is viewed from an American rather than my own European perspective in that the notion of free speech is enshrined in the First Amendment to the US Constitution..
Although not in anyway sympathetic to their views Smolla has defended the likes of members of the KKK in his role as a free speech lawyer. However following the carnage caused in Charlottesville in the summer of 2017 he takes a look at his conscience with regard to complicity and and also takes the opportunity afforded to join the Charlottesville Task Force looking for aftermath lessons.
At the heart of the book is the question, should the right to protest take precedence over everything else, no matter what the consequences? This is a far from simple matter and a multitude of subjects are covered. These include the changes in the interpretation of free speech by the Supreme Court over the years, the whole politics surrounding the removal of Confederacy statues and the rise and personalities behind the Alt Right.
Although at times diverting into analogous themes, the book presents a chronological account of the events that took place in Charlottesville and the how and why they occurred. It is was certainly difficult for a non American like me to understand how it can be legal to turn up to such a toxic protest event with armed weapons let alone the arrival of a heavily armed private militia to seek to keep the peace. There is really so much here and if you want to gain an understanding of some of the deep issues that are fracturing modern America then this is a good place to start.
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