A deep dive into 10 precedent-setting legal actions that helped define the scope—and limits—of the First Amendment.
“Most of my career has focused on explaining complicated legal concepts to smart people who are not lawyers,” writes media lawyer Rosenberg. His approach is admirably free of legal locutions, though his discussions of some concepts are subtle. Consider two cases that formed the precedent for whether a government can compel expression regarding the Pledge of Allegiance—which, until 1942, was accompanied by a salute uncomfortably like that of the Nazis. Religious in origin, the objections to reciting the pledge came from Christians who believed that to do so would be to worship a graven image. The Supreme Court eventually agreed, though it has remained reticent on the question of whether municipalities and other governments can compel a person to sing the national anthem. Situated within the same general legal domain are such matters as former NFL quarterback Colin Kaepernick’s habit of taking a knee during the anthem to protest police brutality, which excited angry commentary from the Trump administration, some of whose principals have demanded overhauling libel laws to suppress criticism. That’s unlikely to happen given the court’s widespread acceptance of the argument, advanced by Oliver Wendell Holmes Jr., that “the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.” This broad interpretation allowed Madonna to muse about blowing up the White House when Trump took office, just as it protected students prosecuted in the 1960s for their slogan “Fuck the draft.” The toughest nut in the book is the dividing line between hate speech and free speech, a discussion that anyone in media and legal circles will want to study closely.
Essential reading for journalists, political activists, and ordinary citizens alike.Pub Date: Feb. 9, 2021
ISBN: 978-1-4798-0156-5
Page Count: 320
Publisher: New York Univ.
Review Posted Online: Nov. 18, 2020
Kirkus Reviews Issue: Dec. 1, 2020
Categories: CURRENT EVENTS & SOCIAL ISSUES | HISTORY | POLITICS | PUBLIC POLICY | U.S. GOVERNMENT | UNITED STATES
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Bestselling author Haig offers a book’s worth of apothegms to serve as guides to issues ranging from disquietude to self-acceptance.
Like many collections of this sort—terse snippets of advice, from the everyday to the cosmic—some parts will hit home with surprising insight, some will feel like old hat, and others will come across as disposable or incomprehensible. Years ago, Haig experienced an extended period of suicidal depression, so he comes at many of these topics—pain, hope, self-worth, contentment—from a hard-won perspective. This makes some of the material worthy of a second look, even when it feels runic or contrary to experience. The author’s words are instigations, hopeful first steps toward illumination. Most chapters are only a few sentences long, the longest running for three pages. Much is left unsaid and left up to readers to dissect. On being lost, Haig recounts an episode with his father when they got turned around in a forest in France. His father said to him, “If we keep going in a straight line we’ll get out of here.” He was correct, a bit of wisdom Haig turned to during his depression when he focused on moving forward: “It is important to remember the bottom of the valley never has the clearest view. And that sometimes all you need to do in order to rise up again is to keep moving forward.” Many aphorisms sound right, if hardly groundbreaking—e.g., a quick route to happiness is making someone else happy; “No is a good word. It keeps you sane. In an age of overload, no is really yes. It is yes to having space you need to live”; “External events are neutral. They only gain positive or negative value the moment they enter our mind.” Haig’s fans may enjoy this one, but others should take a pass.
A handful of pearls amid a pile of empty oyster shells.Pub Date: July 6, 2021
ISBN: 978-0-14-313666-8
Page Count: 272
Publisher: Penguin Life
Review Posted Online: May 19, 2021
Kirkus Reviews Issue: June 1, 2021
Categories: BODY, MIND & SPIRIT | CURRENT EVENTS & SOCIAL ISSUES | SELF-HELP | GENERAL NONFICTION
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Not an easy read but an essential one.
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Title notwithstanding, this latest from the National Book Award–winning author is no guidebook to getting woke.
In fact, the word “woke” appears nowhere within its pages. Rather, it is a combination memoir and extension of Atlantic columnist Kendi’s towering Stamped From the Beginning (2016) that leads readers through a taxonomy of racist thought to anti-racist action. Never wavering from the thesis introduced in his previous book, that “racism is a powerful collection of racist policies that lead to racial inequity and are substantiated by racist ideas,” the author posits a seemingly simple binary: “Antiracism is a powerful collection of antiracist policies that lead to racial equity and are substantiated by antiracist ideas.” The author, founding director of American University’s Antiracist Research and Policy Center, chronicles how he grew from a childhood steeped in black liberation Christianity to his doctoral studies, identifying and dispelling the layers of racist thought under which he had operated. “Internalized racism,” he writes, “is the real Black on Black Crime.” Kendi methodically examines racism through numerous lenses: power, biology, ethnicity, body, culture, and so forth, all the way to the intersectional constructs of gender racism and queer racism (the only section of the book that feels rushed). Each chapter examines one facet of racism, the authorial camera alternately zooming in on an episode from Kendi’s life that exemplifies it—e.g., as a teen, he wore light-colored contact lenses, wanting “to be Black but…not…to look Black”—and then panning to the history that informs it (the antebellum hierarchy that valued light skin over dark). The author then reframes those received ideas with inexorable logic: “Either racist policy or Black inferiority explains why White people are wealthier, healthier, and more powerful than Black people today.” If Kendi is justifiably hard on America, he’s just as hard on himself. When he began college, “anti-Black racist ideas covered my freshman eyes like my orange contacts.” This unsparing honesty helps readers, both white and people of color, navigate this difficult intellectual territory.
Not an easy read but an essential one.Pub Date: Aug. 13, 2019
ISBN: 978-0-525-50928-8
Page Count: 320
Publisher: One World/Random House
Review Posted Online: April 28, 2019
Kirkus Reviews Issue: May 15, 2019
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