Academia, Constitutional Law

The Indispensable Right Is Now Available!

The Indispensable Right: Free Speech in an Age of Rage is now released! It is available on Amazon and local bookstores. Absent breaking news, I will do my first television interview tonight on Special Report with Bret Baier (6-7 ET). As always, I am deeply appreciative to everyone who has purchased early copies of the first edition of this work.

The Kindle and audiotape versions are now immediately available. The book itself can be mailed directly from Amazon or purchased locally. We were surprised that Barnes & Noble put in on display a couple days early.

This book has been 30 years in the making for me. It is a relief to see it released at long last. While the book challenges the anti-free speech movement sweeping over our campuses, corporations, and Congress, I hope that it will also offer some common grounds on a core constitutional value that defines us as a people.

From the book:

“We are justifiably proud of our protection of free speech, particularly at a time when the right is in decline around the world. Yet our often mythic view of free speech ignores our systemic denial of this right. If we are to understand this right, we have to recognize our history through the figures and failures that shaped us. We have to ask difficult questions about the limits of our tolerance for the speech of oth- ers, including those who we view as hateful or harmful. We cannot focus on just the redemptive moments when our rage subsided and reason pre- vailed. We remain a nation grappling with what free speech means to us as a people. What follows is meant to be the unvarnished story of free speech in America. For better or worse, it is our story.”

Simon & Schuster has released this excerpt from the audiotape of the book:

Here are some of the prior reviews from civil libertarians, journalists, judges, and others of The Indispensable Right: Free Speech in an Age of Rage:

“Jonathan Turley’s magnum opus should be required reading for everyone who cares about free speech—certainly including anyone who questions or criticizes strong free speech protection. This a unique synthesis of the historical, philosophical, artistic, and even physiological bases for protecting free speech as a right to which all human beings are inherently entitled, and Turley provides riveting accounts of the courageous individuals, throughout history, who have struggled and sacrificed in order to exercise and defend the right. The Indispensable Right is an indispensable book.”
—Nadine Strossen, former president of the American Civil Liberties Union

“Brilliant and intellectually honest, Jonathan Turley has few peers as a legal scholar today. With The Indispensable Right, he has given us a robust reexamination and defense of free speech as a right. Rich with historical content and insight, this superbly-written book calls out both the left and the right for attacks on free speech while offering in the final chapter a path forward.”
—William P. Barr, former Attorney General and author of the No. 1 New York Times bestseller One Damn Thing After Another.

“This efficient volume is packed with indispensable information delivered with proper passion. Jonathan Turley surveys the fraught history of “the indispensable right” and today’s dismayingly broad retreat from its defense. He is especially illuminating on how the concept of “harm” from speech has been broadened to serve the interest of censors.”
—George F. Will, Pulitzer Prize winner and Washington Post columnist.

“The First Amendment has consumed Jonathan Turley for more than thirty years. Lucky for us that he waited until now, amidst a climate of unprecedented rage rhetoric, to deliver a master class on the unvarnished history of free speech in America. The Indispensable Right is enlightening and engaging. It is also cautionary tale against state overcorrection of the often acrimonious, free exchange of ideas that are an essential part of the human experience.”
—Michael Smerconish, host of CNN’s “Smerconish”

“During these often-bitter times, Jonathan Turley is my “go-to” commentator for smart, clear and honest analysis on any difficult legal controversy.”
—Jim Webb, former Democratic U.S. Senator, Secretary of the Navy, and bestselling author

“Jonathan Turley’s book is the rarest of accomplishments: a timely and brilliantly original yet disciplined and historically grounded treatment of free speech. He dispels the view that our current social turmoil is “uncharted waters”—from the 1790’s Whiskey Rebels to the 1920’s Wobblies to the 1950’s communists, we’ve been here before—and argues persuasively that free speech is a human need and that we must resist the urge to restrict speech as “disinformation” or “seditious” or offensive to “woke” sensibilities.”
—Michael B. Mukasey, former Attorney General and U.S. District Judge

“Jonathan Turley is one of the most astute and most honest analysts of the intersection of politics and law. Thirty years in the making, this book brilliantly proposes means for preserving the most important Constitutional right: the right to free speech. Elegantly written, exhaustively researched, and passionately argued, Turley has given us a superb and necessary tract for our time.”
—Stephen B. Presser, Raoul Berger Professor of Legal History Emeritus, Northwestern University School of Law

“Jonathan Turley recognizes free speech as an essential good—an activity that is central to our very nature as human beings. This is in sharp contrast with those who defend free speech as merely instrumental to some other value, like democracy or the pursuit of truth; rationales that are then used to justify limiting speech in ways that obstruct human flourishing. In this important book, he explains why free speech has historically come under threat during periods of rage and proposes policies that will protect freedom of speech from those who would today destroy this indispensable right.”
—Randy E. Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center

“The Indispensable Right is a courageous, provocative case by one of America’s most prolific public intellectuals for resurrecting natural law or embracing an autonomous basis for the protection of free speech. Not all First Amendment defenders will be persuaded––but one needn’t sign on to Turley’s robust view of free speech to appreciate the unique clarity and deep historical research he brings to his argument. Read this insightful book to understand the peril of today’s broad-based assault on free speech.”

—Michael J. Glennon, Professor of Constitutional and International Law, Tufts University, author of Free Speech and Turbulent Freedom: The Dangerous Allure of Censorship in the Digital Era.

“A vigorous defense of free speech, a right enshrined but often hobbled or outright abrogated. A smart book that invites argument—civil argument, that is, with good faith and tolerance.”

—Kirkus Book Reviews

“Turley has written a learned and bracing book, rigorously detailed and unfailingly evenhanded. For all his grim recounting of the assaults on free speech, his is ultimately a buoyant book.”

—The Wall Street Journal

31 thoughts on “The Indispensable Right Is Now Available!”

  1. Just got my book at the front door! Having fallen in love with my adopted country because of its freedoms, and having read the first 14 pages, I already know it is going to be very hard to put it down. Thank you Professor. Your efforts to preserve the most valuable legacy of the United states to the world, freedom, have not gone unnoticed.

  2. “The anti-free speech movement sweeping over our campuses, corporations, and Congress” is comprised of direct and mortal enemies of the American thesis of Freedom and Self-Reliance, the Constitution, the Bill of Rights, actual Americans, and America.

    Central planning, control of the means of production, (i.e. unconstitutional regulation), redistribution of wealth, social engineering, Karl Marx’s motto: “From each according to his ability, to each according to his needs,” and the “dictatorship of the proletariat (i.e. hired help)” are all antithetical, unconstitutional, and inimical.
    _________________________________________________________________________________________________________________________________________________

    “It’s time to stop talkin’ and start chalkin’!”

    – Chick Hearn, Lakers Sportscaster

  3. I don’t see any progress towards enhanced freedom of thought and speech by “taking sides”, i.e., using speech in an ad-hominem manner to make your opponents look evil or stupid. The challenge is more akin to designing a state-of-the-art cell phone, Indy racecar or surgical instrument. There are multiple ways to fail. Obviously, the first is electing leaders who work to stifle well-meaning dissent using instruments of govt. power. But right behind that is ceding public infospaces to zealots who, hating the idea of taking responsibility, use the infospace as a plaything to vex opponents and/or make money (e.g. Alex Jones), or stir up hatreds (divide and conquer).

    Then, we have savvy political infowarriors who use their perceived 1A freedom to dupe the public for political advantage (Hunter’s laptop coverup, Trump’s big lie). A serious question remains unanswered — how can the Constitution both assure that elected officials have “consent of the governed”, AND allow candidates and campaigns to obtain elected office through trickery and deceit? These two allowances are contradictory, so the Constitution must assure the greater of the two, the consent of the governed.

    We have misanthropes and the mentally ill (psychopaths) whose claim to deserving a public megaphone is only very recent, with changes wrought by social media. Crazy people were easier to push to the margins under traditional media with human gatekeepers. Some are fanatics who have risen to national state leadership, and use free speech to disrupt and ultimately defeat free societies.

    “More free speech” is never going to solve these delicate imbalances. What will is shifting the discussion to the responsibilities that accompany freedom of speech — defining them — and defining means to nudge people away from militancy and toward civility and goodwill toward others as the “ante” for speaking up in public.

    When JT kicked off this web site with published Rules of Civility, I thought “How will he uphold his standards as a practical day-to-day operation?”

    As anyone can see, he could not do that.

  4. I ordered the book well over a month ago and heard from Amazon that yes it would not be arriving today as promised.

    Amazon is usually as timely as is the Good Professor but this time Amazon let me down….I already had the Gin and Tonic with several lovely slabs of Lemon flavoring the drink in anticipation of the retrieving the book from the mail box. I shall drown my sorrows and mope until tomorrow when it is promised to arrive. Waiting one more day to dive into the book and reading what Professor Turley has to say is one small sacrifice to make.

    I shall be passing it along to a young person for their consideration and in all likelihood a strong admonishment to include a copy of their own into their their collection of teachings for repeated review in their lives.

  5. My copy shipped today. After I read it I will give it to my grandson who starts law school in August.
    Thank you in advance professor.

  6. So if I was to buy your book, one, I don’t feel the need to start a bonfire. And two, I’d have no money to buy Gold sneakers.

    1. Why Anonymous, you were the one who exclaimed in a frenzy that books about sex in schools being removed was just book burning. Now here you are declaring that burning Professor Turley’s book would be a good thing. The real book burning throughout history has been done by members of the left such as yourself. Thank you for once again revealing who you really are and that it is you who should not be trusted with matches.

  7. Irrespective of granted rights, the truth is, you only have those rights others permit you to have. Or as Mark Twin said, he knew he had freedom of speech, he was just not stupid enough to assert it. I feel as if I have lost all my inherent rights, granted or not. I asserted my feeedom of speech and got a fisit from the FBI. And nobody really cared what happened. If the government wanted you to have rights, you would have them without complaining. The fact that they shut down ever business in America on a whim, pretty much shows their bad faith. The government will not back up your right to freedoms.

  8. Turley to replace Sotomayor!!!

    I love this whiny ass piece on Vox, begging the 2 liberal women to retire before Trump wins.

    Here is the most telling excerpt.

    We already know that, if Republicans control the Senate, no Democrat is likely to be confirmed to the Supreme Court. Just ask Merrick Garland.

    Marxists like this spastic author think the SCOTUS is made up of politicians.

    I also love the whining about the electoral college and the “mal-appropriation” of the Senate. She still doesn’t get that we are a union of several Sovereign States. New York had a larger population than Rhode Island in 1790, as well, dum dum.

    https://www.vox.com/scotus/354381/supreme-court-sotomayor-kagan-retire-now

  11. Thank you, Jonathan, for all of your hard work and dedication to get this book published. You are the legal lighthouse in the fog of censorship. Good luck with Bret Baier tonight. Greg

    1. ANONYMOUS-10:33 am
      I read the link. Wow. That judge is an idiot and charlatan. Seems like a good case for an ethics complaint and brought before the legislature for possible removal. She has basically said that she is not going to do her job.

  13. Did you point out that any Conservative “originalist” on the U.S. Supreme Court would strongly oppose rulings like “Terry v. Ohio” in 1968 that overturned the letter & spirit of the 4th Amendment – without the legally required constitutional amendment process?

    1. Anonymous 9:30 am.
      Reviewed that one also from a “liberal Court”. Seems right for a re-interpretation and narrowing of the parameters described in the case

  14. Congrats. But…speech that encourages others to break the law should be punished as if the speaker broke the law. I’m looking at you DJT. You encourage people to harass, kill, destroy property. Just look at all the death threats against the judges and prosecutors involved in his legal exploits. Encouraging others to cause harm is not free speech, it is destructive speech.

  16. Congratulations, hopefully it will influence the people’s opinion on the right of free speech and thought.

  17. Goodluck. You need to stop thinking Democrats want ANYTHING good for America
    They are greedy fascists who happily destroy America….and ARE BACKED by our enemies!
    China gave bidens millions…why?

  18. Thanks for the alert, Professor. I just purchased the Amazon Kindle version to read immediately here in Việt Nam. Looking forward to your nomination soon after the election. Chief White House Council sounds nice, but a federal appellate court opening would also be great.

  19. Love of God and Country will lift us in unity through it all.

  20. Congratulations! May this book have a positive and lasting influence on those in positions of power and the future leaders of our country whether in government, media, business, education, or medicine. We surely need it.

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