An exceptional account of the development of the Constitution’s most basic right and an illuminating story of remarkable...
The writings of Supreme Court Justice Oliver Wendell Holmes are the basis of today’s interpretation of freedom of speech, but it took many great minds to convince him of its value. Seton Hall Law School professor Healy tells the engrossing tale of how it happened.
In his debut, the author traces the evolution of Holmes’ opinion away from the view that you may say what you like, but you will be liable for prosecution. Holmes could not accept that the right of free speech was absolute, and he sought to define its limits. Those who influenced him were the best intellects of the time, including Justice Louis Brandeis and future justice Felix Frankfurter. The author deftly follows the progression of Holmes’ changing view without descending into incomprehensible legalese. Justice Learned Hand’s decision in Masses Publishing Co. v. Patton (1917) was the first step in convincing Holmes that unacceptable views could be tolerated, and Harvard instructor Harold Laski, as near a son as possible, was the greatest influence on the justice. Laski, along with Zechariah Chafee and Herbert Croly, were in the vanguard of those who fought against the persecution of dissenters instituted by the Espionage Act of 1917 and the Sedition Act of 1918. These two acts produced the cases that would completely change interpretation of the First Amendment. Holmes’ opinions, especially in Schenck (1918), show his growing recognition that only a “clear and present danger” can curtail freedom of speech. It was when he wrote his dissent for Abrams (1919) that he truly outlined the free marketplace for ideas and defended our right under the Constitution to express an opinion.
An exceptional account of the development of the Constitution’s most basic right and an illuminating story of remarkable friendships, scholarly communication and the conservative justice who actually changed his mind.Pub Date: Aug. 20, 2013
ISBN: 978-0-8050-9456-5
Page Count: 336
Publisher: Metropolitan/Henry Holt
Review Posted Online: May 12, 2013
Kirkus Reviews Issue: June 1, 2013
BOOK REVIEW
BOOK REVIEW
PROFILES
Dogged original research and superb narrative skills come together in this gripping account of pitiless evil.
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 Yorker staff 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
BOOK TO SCREEN
BOOK TO SCREEN
BOOK TO SCREEN
For Howard Zinn, long-time civil rights and anti-war activist, history and ideology have a lot in common. Since he thinks that everything is in someone's interest, the historian—Zinn posits—has to figure out whose interests he or she is defining/defending/reconstructing (hence one of his previous books, The Politics of History). Zinn has no doubts about where he stands in this "people's history": "it is a history disrespectful of governments and respectful of people's movements of resistance." So what we get here, instead of the usual survey of wars, presidents, and institutions, is a survey of the usual rebellions, strikes, and protest movements. Zinn starts out by depicting the arrival of Columbus in North America from the standpoint of the Indians (which amounts to their standpoint as constructed from the observations of the Europeans); and, after easily establishing the cultural disharmony that ensued, he goes on to the importation of slaves into the colonies. Add the laborers and indentured servants that followed, plus women and later immigrants, and you have Zinn's amorphous constituency. To hear Zinn tell it, all anyone did in America at any time was to oppress or be oppressed; and so he obscures as much as his hated mainstream historical foes do—only in Zinn's case there is that absurd presumption that virtually everything that came to pass was the work of ruling-class planning: this amounts to one great indictment for conspiracy. Despite surface similarities, this is not a social history, since we get no sense of the fabric of life. Instead of negating the one-sided histories he detests, Zinn has merely reversed the image; the distortion remains.
Pub Date: Jan. 1, 1979
ISBN: 0061965588
Page Count: 772
Publisher: Harper & Row
Review Posted Online: May 26, 2012
Kirkus Reviews Issue: Jan. 1, 1979
BOOK REVIEW
BOOK REVIEW
BOOK REVIEW
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