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But the threats are real, and there is good reason to be wary.Floyd Abrams is the author of The Soul of the First Amendment (Yale University Press, 2017).
The Obama administration prosecuted more Espionage Act cases against sources of information to journalists than all prior administrations combined.
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After a good deal of deserved press criticism, it agreed to expand the internal guidelines of the Department of Justice designed to limit the circumstances under which such source revelation is demanded.
But the guidelines are none too protective and are, after all, simply guidelines.
Increasingly, American universities, where no intellectual doctrine ought to escape critical scrutiny, are some of the most restrictive domains when it comes to asking open-ended questions on subjects such as Islam. has avoided unpredictable Canadian-style restrictions on speech, for example.
Legally, speech in the United States is protected to a degree unmatched in almost any industrialized country. I remain optimistic that as long as we have the First Amendment in the U.
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We live under an Espionage Act, adopted a century ago, which is both broad in its language and uncommonly vague in its meaning.
As such, it remains a half-open door through which an administration that is hostile to free speech might walk.
Or, as Michael Gerson put it in the Washington Post: Will Trump “go beyond mere Twitter abuse and move against institutions that limit his power?