The First Amendment to the U.S. Constitution explicitly safeguards freedom of speech. That isn't just freedom to say what you like as long as it doesn't upset anyone - it means the right to say what you think, period. There is no qualifier.
This fact did not stop various police officers, District Attorneys, lawyers, and sundry other self-appointed guardians of public decency from trying to stop Lenny Bruce from exercising his First Amendment rights throughout the late 1950s to mid-1960s. Ostensibly, this was on grounds of the offensiveness of his language during his scathing, foul mouthed, hilariously irreverent stand-up act: where Justice Oliver Wendell Holmes had famously declared that the First Amendment did not give licence to shout "Fire" in a crowded theatre, Bruce's antagonists sought to extend this principle to saying "Motherfucker" in a crowded nightclub. They did this by attempting to make local statutes, usually designed to suppress prostitution, stand above the Constitution; they ignored the non-public nature of nightclubs; they employed entrapment; they cited inaccurate and partial transcripts of Bruce's performances as "evidence"... It seems astonishing now, when the kind of language shockingly deployed by Lenny Bruce has become the routine stuff of American TV and film dialogue, but the suspicion must remain that the real reason for all this manufactured outrage was not so much Bruce's use of language, but rather the targets of his satire - politicians, hypocritical public moralists, religion... Here, the reaction of the powers that be is all too explicable, and enduringly familiar. As a Jewish New Yorker, the religious targets of Lenny Bruce's scorn tended to be Judaism and the Roman Catholic Church, with occasional sallies at Buddhism and Hinduism. One can only imagine the kind of reaction his contemporary equivalent might attract if, as seems very likely, he were to aim his satire at Islam.
Lenny Bruce was eventually vindicated in law, when the Constitutional principles one of his co-defendants had cited in an action against them were finally asserted on appeal, and their conviction overturned. But by this stage, Lenny was already dead, a victim of his own heroin addiction, chronic poor health, and general exhaustion from the harassment and stress he had suffered. It has to be said that he did little to help himself in his final years, attempting to defend himself in court despite a lamentable lack of legal knowledge, putting himself in contempt of court not one but three times by writing personally to the judge while a case was in progress, skipping state jurisdictions, and refusing to take advice from counsel he hadn't yet sacked. But this does not diminish the enormity of the persecution he faced, which remains a blot on the history of the U.S. justice system.
This book exposes in great and compelling detail how this happened, and does not shy away from the legal arguments involved. It is a fine contribution both to legal and social history. And as a bonus, my edition included a 74 minute CD containing live recordings of some of Lenny Bruce's contemporary satirical routines, which, for all their period relevance, remain abrasively funny and superbly timed. As the founder of what, 25 years after his death, became known as 'alternative' comedy, he still stands out as a true genius and innovator. "The Trials of Lenny Bruce" is a worthy tribute.