In this Book

Confessions of a Free Speech Lawyer: Charlottesville and the Politics of Hate

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Rodney A. Smolla
2020
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In the personal and frank Confessions of a Free Speech Lawyer, Rodney A. Smolla offers an insider's view on the violent confrontations in Charlottesville during the "summer of hate." Blending memoir, courtroom drama, and a consideration of the unhealed wound of racism in our society, he shines a light on the conflict between the value of free speech and the protection of civil rights.

Smolla has spent his career in the thick of these tempestuous and fraught issues, from acting as lead counsel in a famous Supreme Court decision challenging Virginia's law against burning crosses, to serving as co-counsel in a libel suit brought by a fraternity against Rolling Stone magazine for publishing an article alleging that one of the fraternity's initiation rituals included gang rape. Smolla has also been active as a university leader, serving as dean of three law schools and president of one and railing against hate speech and sexual assault on US campuses.

Well before the tiki torches cast their ominous shadows across the nation, the city of Charlottesville sought to relocate the Unite the Right rally; Smolla was approached to represent the alt-right groups. Though he declined, he came to wonder what his history of advocacy had wrought. Feeling unsettlingly complicit, he joined the Charlottesville Task Force, and he realized that the events that transpired there had meaning and resonance far beyond a singular time and place. Why, he wonders, has one of our foundational rights created a land in which such tragic clashes happen all too frequently?

Table of Contents

Cover

Title Page, Copyright

pp. i-iv

Contents

pp. v-vi

Acknowledgments

pp. vii-viii

1. A Call from the Task Force

pp. 1-8

2. The Charleston Massacre

pp. 9-13

3. Becoming Richard Spencer

pp. 14-19

4. Reverend Edwards

pp. 20-22

5. The Charlottesville Monuments

pp. 23-25

6. Blut und Boden

pp. 26-38

7. Mr. Jefferson's University

pp. 39-48

8. Kessler v. Bellamy

pp. 49-52

9. The Monuments Debate

pp. 53-60

10. Competing Conceptions of Free Speech

pp. 61-74

11. May Days

pp. 75-83

12. Cue the Klan--Stage Right

pp. 84-89

13. The Rise of the Marketplace

pp. 90-103

14. Cue the Counterprotesters--Stage Left

pp. 104-111

15. A Rolling Stone Gathers No Facts

pp. 112-114

16. The Marketplace Doubles Down

pp. 115-128

17. The Day of the Klan

pp. 129-134

18. When Speech Advances Civil Rights

pp. 135-143

19. Duke and the Disciples

pp. 144-163

20. The Russian Connection

pp. 164-169

21. A Call to Conscience

pp. 170-173

22. Preparations

pp. 174-182

23. The Day of the Cross

pp. 183-212

24. The Idea of the University

pp. 213-219

25. Heckler's Veto

pp. 220-232

26. Channels of Communication

pp. 233-242

27. Rednecks and Saint Paul

pp. 243-246

28. The Lawn and the Rotunda

pp. 247-256

29. Bloodshed

pp. 257-268

30. Aftermath

pp. 269-302

Notes

pp. 303-330

Index

pp. 331-351
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