From the trial of John Peter Zenger in the eighteenth century to the
recent libel cases of William Westmoreland and Ariel Sharon, political
defamation cases have attracted considerable attention. As Norman
Rosenberg shows, cases like these raise fundamental questions about how
much criticism of public leaders a supposedly open, liberal society will
permit.
Drawing upon a wide variety of historical sources, Protecting the Best
Men argues that there exists no natural, evolutionary history of free
speech. It also challenges interpretations that rest upon discovering an
"original understanding" about the First Amendment. Instead, this
interpretive history of the law of libel highlights the complexity and
historically rooted nature of legal concepts and legal consciousness in
the United States.
Originally published in 1990.
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