First Things First: A Modern Coursebook on Free Speech Fundamentals

A First Amendment textbook by Ronald K. L. Collins, Will Creeley, and David L. Hudson, Jr. (with Jackie Farmer as managing editor).

First Things First is a college coursebook like no other. Written by three First Amendment experts and professors, this free speech textbook provides students with the fundamentals of modern American free speech law in a clear, concise, and accessible manner. First Things First also introduces readers to First Amendment issues related to topics such as student speech, freedom of the press, civil rights, LGBTQ rights, advertising, music censorship, and artificial intelligence. 

The ebook text includes scores of audio and video links, photographs, and helpful study-aid summaries and questions. First Things First’s vibrant and engaging tone ensures readers will leave this free speech textbook with a dynamic understanding of their rights and the value of free speech. 

Read the full prologue below, or fill out the form below for a free digital copy of First Things First. Wondering which file version is right for you? Mobi files are supported by Kindle apps and devices, while ePub files are supported by most other eReaders and eReader apps. Paperback copies can be purchased through Amazon.

Click the link below to download your free digital copy of First Things First. Wondering which file version is right for you? Mobi files are supported by Kindle apps and devices, while ePub files are supported by most other eReaders and eReader apps. Paperback copies can be purchased through Amazon.

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Prologue: We Must Not Be Afraid to Be Free

“We must not be afraid to be free.”  — Justice Hugo L. Black

Think of those words. Who would be afraid of freedom? Why? Now, consider the statement made by Supreme Court Justice Hugo L. Black on April 24, 1961:

Too many men are being driven to become government-fearing and time-serving because the Government is being permitted to strike out at those who are fearless enough to think as they please and say what they think. This trend must be halted if we are to keep faith with the Founders of our Nation and pass on to future generations of Americans the great heritage of freedom, which they sacrificed so much to leave to us. The choice is clear to me. If we are to pass on that great heritage of freedom, we must return to the original language of the Bill of Rights. We must not be afraid to be free.

Freedom has its costs. That is why we fear it. The freedom guaranteed by the First Amendment is no different. Those who applaud it can all too easily ignore the risks posed by unchecked expression. Likewise, those who rally against it can ignore the fact that unchecked calls for security lead all too often to tyranny.

That is not to say we will argue for a “happy medium” in this book. For better or worse, America has committed itself to an unprecedented experiment in freedom—an experiment based on the principle that more speech is better and, subsequently:                                             

• More debate will produce better judgments;
• More knowledge will make for more self-realized persons;
• More associations and beliefs will make us more open-minded;
• More press freedom will hold those with power accountable;
• More robust expression of all sorts will make us a freer people; and

The more we allow for all of this, the better our chances to check government abuses, to discover truth, beauty, freedom, and something about ourselves as well.

Simply put: more speech is better. That, at any rate, is the basic principle—call it a collective hope. On that principle we have banked everything.”

Justice Black’s warning about fearing speech was penned for his dissent in the famous First Amendment case In re Anastaplo (1961). In 1950, a man named George Anastaplo dared to step forward when others stepped back. He dared to stand on his First Amendment rights and refused to state his political associations, even when he stood to lose much for his position—admission to the bar association and a career in law, to be precise. In Anastaplo, a mere five-Justice majority voted against his stance; in doing so, they voted for a way of life where conformity and security trump individuality and liberty. Justice Black attributed the decision, which cost George Anastaplo his career, to a society fearful of freedom—at least, the kind of robust freedom Justice Black endorsed. But why would anyone fear freedom? 

We fear what we do not know. In other words, we fear that our world will fall apart, that the values we hold may collapse just as the Colossus of Rhodes crumbled when the earth shook. After all, ideas can change minds. What was gospel yesterday may become heresy tomorrow, and vice-versa. Whenever we allow anyone to speak freely, print freely, associate freely, petition freely, or believe freely, we risk change and jeopardize what we hold dear. Risk is the companion of liberty. Without it, there could be no freedom. 

In re Anastaplo exemplifies the conflict between those who, like Justice Black, place uninhibited faith in the First Amendment and those who feel that its freedoms must be curbed in the name of societal well-being. Of course, this black-and-white divide is the boldest view of the debate. There is generally a measure of wiggle room in both camps, but such nuances tend to get lost when fear prevails.

So how does all of this pertain to your life? And why should free speech matter to you? Let us engage in a Socratic thought exercise. 

Assume you’re a senior at college. Life is good, most of your teachers and colleagues share your views, and you’re all for free speech…until, one day, the university announces who will be speaking at your graduation ceremony. This man offends you deeply. He represents everything you loathe, and you see him as a racist, sexist, and homophobe. Should he be allowed to speak on your campus?

“Now, assume you’re a different student who attends a different college. For you, too, life is good, many of your teachers and colleagues share your views, and you’re all for free speech…until, one day, a person you find reprehensible is invited to speak at your campus. This woman offends you deeply. She represents everything you loathe, and you see her as a religious bigot who supports killing babies, champions anti-family values, and opposes your Second Amendment freedoms. Should she be allowed to speak on your campus?

We all favor free speech until it bumps up against our values. “Free speech for me, but not for thee,” is how the late journalist and First Amendment aficionado Nat Hentoff put it. We fear the freedom of those we don’t understand. But consider this: If the First Amendment protected only those views with which we agree, only those values we hold dear, and only those people whose speech conforms to those values, why on earth would we need this constitutional guaranty

The First Amendment is there to protect speech that we hate, expression that we despise, and speakers whose ideas we detest or even fear. Its message to us: Be brave and speak up! Supreme Court Justice Louis Brandeis issued that very challenge in his celebrated concurrence in Whitney v. California (1927):

Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence [emphasis added].

Keep that admonition in mind as you read through our book. It will serve you well. Our hope is that this book will expand your understanding of what it means to be a free people. Mind you, our aim is not to promote a collective, chaotic pact to wage endless wars of words. Rather, it is to highlight the fact that our American commitment to liberty is rooted in risk, and the idea that we as a people are willing to experiment with freedom even when it worries us.

With that warning, we dare you to read on.

Why 'First Things First'?

Costs. On average, the College Board estimates that students prepare to spend around $1,200 a year on books and other materials. The Bureau of Labor Statistics found that between 2006 and 2016 textbook prices jumped 88%. Against that backdrop comes our open access First Amendment textbook. First Things First’s price is a modest $2.99. At a time when the price of coursebooks continues to soar, this e-textbook costs less than a latte. The textbook is now available in print for $16. 

Applicability to multiple disciplines. Beyond providing students with a breakdown of modern free speech law, First Things First prepares students for free speech dilemmas they may face in future careers in areas such as journalism, public service, education, music, and advertising. First Things First is a free speech textbook that provides students with the knowledge to be active, inquisitive, and resilient citizens. 

Quality control & creativity. Written by three First Amendment experts, this textbook is informative and engaging. The traditional college text is replaced with dynamic content designed for college students—and enhanced by scores of audio and video links, photographs, and helpful study-aids.

Advance Praise

‘Engaging’ is not a word typically used for law textbooks, but First Things First sets the standard for teaching free speech law. A generation of students who have grown up with multimedia will find this First Amendment textbook compelling. It combines clearly-written case narratives with frequent excursions to a rich trove of other online material—including video and audio files—that provide additional legal and historical context. And all this costs just $2.99, making it a great option for law courses as well as a supporting text that will enrich a wide range of courses in journalism, history, and politics.

Stephen D. Solomon
Marjorie Deane Professor
NYU Arthur L. Carter Journalism Institute
Founding Editor, First Amendment Watch
Author, Revolutionary Dissent

With admirable clarity and brevity, First Things First covers the field of First Amendment law and theory in a readable and accessible way. Through well-selected case excerpts, insightful and thought-provoking questions, and with clever links to supplemental materials, this innovative book explains not just the fundamentals of First Amendment law, but how we got to where we are, and why. It engages the reader with contemporary problems of free expression “ripped from the headlines” and places these issues in historical context, thus helping cut through the clutter of current political passions. The book’s unprecedented affordability makes it accessible on another level as well—it is a must for any student of the First Amendment.

Robert Corn-Revere (1st Amendment lawyer)
Partner, Davis Wright Tremaine LLP
Washington, D.C.

First Things First is a welcome addition to the collection of casebooks, articles, essays and legal opinions relied upon by those who teach First Amendment principles. Fewer students arrive on our campuses these days with knowledge of First Amendment fundamentals ranging from campus speech, hate speech, obscenity and religious freedom. Not only is the book’s theoretical approach to teaching these fundamentals refreshingly direct, the content is delivered using cost-effective modes preferred by today’s college students. The audio and video hyperlinks in the e-text make course preparation easier and help professors tie course material to classroom discussion. First Things First is a welcome addition to the course materials for students studying law, journalism, history, political science, government and a host of other disciplines.

Lucy A. Dalglish
Dean and Professor
Philip Merrill College of Journalism
University of Maryland

First Things First is an incredibly insightful and inviting introduction to U.S. speech and press law. Its approach makes its content completely accessible to beginner and expert alike. But even better, its scores of online links to additional layers of material—including streaming audio and video—make this narrative and case-oriented resource like no other. In addition to teaching the law, the various elements help to reveal what it means to live in a free speech society. First Things First is made for the 21st century student—and professor.

Joseph Russomanno
Professor
Walter Cronkite School of Journalism and Mass Communication
Faculty Affiliate, Sandra Day O’Connor College of Law
Arizona State University