This analysis of contemporary court cases dealing with the constitutional right of free speech in the USA addresses a number of contentious issues, such as obscenity, workplace harassment and the question of whether bigoted "hate speech" should be made a criminal offence.

In addition to discussing the sometimes conflicting claims of those seeking freedom of speech and those working to promote equality and protect citizens from oppression, Greenawalt looks at what speech does as well as what it says. He also compares the importance of the motive of the speaker to the actual effect of speech on its audience.