The following version of this book was used to create this study guide: Abrams. Floyd. The Soul of the First Amendment. Yale University Press, 2017.

The Soul of the First Amendment by Floyd Abrams is an extended argument supporting the extensive freedoms guaranteed by the First Amendment. Abrams argues that the United States is unique, even among democracies, in its broad interpretation of the freedoms of speech and the press. To demonstrate this, the author begins by describing the history of the First Amendment, from its inclusion in the original Constitution to its application in present day. He notes that the First Amendment was not always applied as it is today. Before the twentieth century, newspapers and other forms of media were more strictly regulated, barring them from publishing content that was considered obscene or inappropriately critical of the government. Gradually, however, both public opinion and jurisprudence shifted, and restrictions on freedom of expression have been limited to extremely specific situations. Abrams then draws on modern examples to demonstrate the differences between the United States and other democracies in their protection of free speech. He notes that most foreign countries have far stricter libel laws, bar hate speech, and greatly limit spending on political campaigns. Additionally, the European Union has created the “right to be forgotten,” allowing its citizens to have personally damaging information removed from internet search results, regardless of accuracy. All of these restrictions, Abrams argues, would be inconsistent with the American tradition of valuing free individual expression above virtually all other interests.

Throughout the book, Abrams emphasizes that the protection of free expression relies heavily on public support. Alone, laws guaranteeing these rights are ineffective. His intention is both to inform the reader about the First Amendment and encourage them to actively support the rights it lists.