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Craig R. Smith
University of Missouri Press
Daniel Webster (1782–1852) embodied the golden age of oratory in America by mastering each of the major genres of public speaking of the time. Even today, many of his victories before the Supreme Court remain as precedents. Webster served in the House, the Senate, and twice as secretary of state. He was so famous as a political orator that his reply “Liberty and Union, now and forever, one and inseparable!” to Senator Robert Hayne in a debate in 1830 was memorized by schoolboys and was on the lips of Northern soldiers as they charged forward in the Civil War. There would have been no 1850 Compromise without Webster, and without the Compromise, the Civil War might well have come earlier to an unprepared North.
Webster was also the consummate ceremonial speaker. He advanced Whig virtues and solidified support for the Union through civil religion, creating a transcendent symbol for the nation that became a metaphor for the working constitutional framework.
While several biographies have been written about Webster, none has focused on his oratorical talent. This study examines Webster’s incredible career from the perspective of his great speeches and how they created a civil religion that moved citizens beyond loyalty and civic virtue to true romantic patriotism. Craig R. Smith places Webster’s speeches in their historical context and then uses the tools of rhetorical criticism to analyze them. He demonstrates that Webster understood not only how rhetorical genres function to meet the expectations of the moment but also how they could be braided to produce long-lasting and literate discourse.
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The Call
Eloquence in the Service of Truth
Craig R. Smith
Michigan State University Press, 2022
This book is a unique examination of the phenomenon of the call. Characterizing the call as a rhetorical event, the book identifies how speakers can use eloquence in the service of truth. Authors Craig R. Smith and Michael J. Hyde offer the rare combination of a phenomenology of the call linked closely to eloquence and explore this linkage by examining the components of eloquence, including examples of its misuse by George W. Bush and Donald Trump. The bulk of the text examines case studies of eloquence in the service of truth including epideictic, forensic, and deliberative eloquence, with examples drawn from addresses by Barack Obama, Daniel Webster, Ronald Reagan, Margaret Chase Smith, Susan Collins, and Mitt Romney. The authors also examine the Epistles of St. Paul, the writings of St. Augustine, and the preaching of Jonathan Edwards. Finally, the book explores eloquence in filmic narratives and dialogic communication between artists and writers, concluding with a study of the sublime and how it is evoked with awe using the work of Annie Dillard.
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Confessions of a Presidential Speechwriter
Craig R. Smith
Michigan State University Press, 2014
An avid high school debater and enthusiastic student body president, Craig Smith seemed destined for a life in public service from an early age. As a sought-after speechwriter, Smith had a front-row seat at some of the most important events of the twentieth century, meeting with Robert Kennedy and Richard Nixon, advising Governor Ronald Reagan, writing for President Ford, serving as a campaign manager for a major U.S. senator’s reelection campaign, and writing speeches for a contender for the Republican nomination for president. Life in the volatile world of politics wasn’t always easy, however, and as a closeted gay man, Smith struggled to reconcile his private and professional lives. In this revealing memoir, Smith sheds light on what it takes to make it as a speechwriter in a field where the only constant is change. While bouncing in and out of the academic world, Smith transitions from consultantships with George H. W. Bush and the Republican caucus of the U.S. Senate to a position with Chrysler CEO Lee Iacocca. When Smith returns to Washington, D.C., as president and founder of the Freedom of Expression Foundation, he becomes a leading player on First Amendment issues in the nation’s capital. Returning at long last to academia, Smith finds happiness coming out of the closet and reaping the benefits of a dedicated and highly successful career.
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Fear and the First Amendment
Controversial Cases of the Roberts Court
Kevin A. Johnson and Craig R. Smith
University of Alabama Press, 2024
A highly original account of the role that fear plays in key First Amendment cases ruled on by the Roberts Supreme Court

In Fear and the First Amendment, Kevin A. Johnson and Craig R. Smith offer a deeply considered examination of the ways fear figures in First Amendment questions ruled on by the contemporary Supreme Court. Bringing together literature on theories of fear in rhetorical and philosophical traditions, Johnson and Smith focus on the rulings from the Roberts Court, which form a pivotal era of dramatic precedents. Each chapter in this book analyzes one or more First Amendment cases and a variety of related fears—whether evidentiary or not—that pertain to a given case.

These cases include Morse v. Frederick, which takes up the competing fears of school administrators’ loss of authority and students’ loss of free speech rights. The authors touch on corporate funding of elections in Citizens United v. Federal Elections Commission, from the fear of corporate influence on electoral politics to corporate fears of alienating their consumers by backing political candidates. They explore religious freedom and fears of homosexuality in Christian Legal Society v. Martinez. Similarly, in Snyder v. Phelps, the authors delve further into fears of God, death, emotional distress, failing as a parent, and losing one’s reputation. Next, they investigate parents’ anxieties about violence in video games in Brown v. Entertainment Merchants Association. Finally, Johnson and Smith examine the role of fear in indecent, obscene, and graphic communication in three cases: FCC v. Fox Television Stations, Ashcroft v. American Civil Liberties Union, and United States v. Stevens.

Together these cases reveal fear to be an endemic factor in the rhetoric of First Amendment cases. This fascinating and original work will appeal to current legal practitioners and students of law, rhetoric, philosophy, and the First Amendment.
 
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Free Speech On Trial
Communication Perspectives on Landmark Supreme Court Decisions
Edited by Richard A. Parker
University of Alabama Press, 2008

Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them.

At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices.

Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures.

Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.

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