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THE FIGHT FOR FREE SPEECH

TEN CASES THAT DEFINE OUR FIRST AMENDMENT FREEDOMS

Essential reading for journalists, political activists, and ordinary citizens alike.

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. 17, 2020

Kirkus Reviews Issue: Dec. 1, 2020

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KILLERS OF THE FLOWER MOON

THE OSAGE MURDERS AND THE BIRTH OF THE FBI

Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.

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Greed, depravity, and serial murder in 1920s Oklahoma.

During that time, enrolled members of the Osage Indian nation were among the wealthiest people per capita in the world. The rich oil fields beneath their reservation brought millions of dollars into the tribe annually, distributed to tribal members holding "headrights" that could not be bought or sold but only inherited. This vast wealth attracted the attention of unscrupulous whites who found ways to divert it to themselves by marrying Osage women or by having Osage declared legally incompetent so the whites could fleece them through the administration of their estates. For some, however, these deceptive tactics were not enough, and a plague of violent death—by shooting, poison, orchestrated automobile accident, and bombing—began to decimate the Osage in what they came to call the "Reign of Terror." Corrupt and incompetent law enforcement and judicial systems ensured that the perpetrators were never found or punished until the young J. Edgar Hoover saw cracking these cases as a means of burnishing the reputation of the newly professionalized FBI. Bestselling New Yorkerstaff writer Grann (The Devil and Sherlock Holmes: Tales of Murder, Madness, and Obsession, 2010, etc.) follows Special Agent Tom White and his assistants as they track the killers of one extended Osage family through a closed local culture of greed, bigotry, and lies in pursuit of protection for the survivors and justice for the dead. But he doesn't stop there; relying almost entirely on primary and unpublished sources, the author goes on to expose a web of conspiracy and corruption that extended far wider than even the FBI ever suspected. This page-turner surges forward with the pacing of a true-crime thriller, elevated by Grann's crisp and evocative prose and enhanced by dozens of period photographs.

Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.

Pub Date: April 18, 2017

ISBN: 978-0-385-53424-6

Page Count: 352

Publisher: Doubleday

Review Posted Online: Feb. 1, 2017

Kirkus Reviews Issue: Feb. 15, 2017

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ABUNDANCE

Cogent, well-timed ideas for meeting today’s biggest challenges.

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Helping liberals get out of their own way.

Klein, a New York Times columnist, and Thompson, an Atlantic staffer, lean to the left, but they aren’t interrogating the usual suspects. Aware that many conservatives have no interest in their opinions, the authors target their own side’s “pathologies.” Why do red states greenlight the kind of renewable energy projects that often languish in blue states? Why does liberal California have the nation’s most severe homelessness and housing affordability crises? One big reason: Liberal leadership has ensnared itself in a web of well-intentioned yet often onerous “goals, standards, and rules.” This “procedural kludge,” partially shaped by lawyers who pioneered a “democracy by lawsuit” strategy in the 1960s, threatens to stymie key breakthroughs. Consider the anti-pollution laws passed after World War II. In the decades since, homeowners’ groups in liberal locales have cited such statutes in lawsuits meant to stop new affordable housing. Today, these laws “block the clean energy projects” required to tackle climate change. Nuclear energy is “inarguably safer” than the fossil fuel variety, but because Washington doesn’t always “properly weigh risk,” it almost never builds new reactors. Meanwhile, technologies that may cure disease or slash the carbon footprint of cement production benefit from government support, but too often the grant process “rewards caution and punishes outsider thinking.” The authors call this style of governing “everything-bagel liberalism,” so named because of its many government mandates. Instead, they envision “a politics of abundance” that would remake travel, work, and health. This won’t happen without “changing the processes that make building and inventing so hard.” It’s time, then, to scrutinize everything from municipal zoning regulations to the paperwork requirements for scientists getting federal funding. The authors’ debut as a duo is very smart and eminently useful.

Cogent, well-timed ideas for meeting today’s biggest challenges.

Pub Date: March 18, 2025

ISBN: 9781668023488

Page Count: 320

Publisher: Avid Reader Press

Review Posted Online: Jan. 16, 2025

Kirkus Reviews Issue: Feb. 15, 2025

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