Morning Reading, May 25, 2018

This morning:

  • Harry Litman, writing for the Washington Post, tells Deputy Attorney General Rod Rosenstein and Attorney General Christopher Wray to resign in protest:

    Resignations are a time-honored response for executive-branch officials and Cabinet members — think Attorney General Elliot L. Richardson and Deputy Attorney General William D. Ruckelshaus in the Nixon administration — confronting orders that violate their consciences or oaths of office. We take it as not only permissible but also commendable, and at times morally necessary, for senior officials to resign rather than comply with objectionable presidential directives. Their actions are widely seen as a matter of higher duty, and an expression of fealty to law over men and office over officeholder.

  • The New Republic has a really fascinating story about John McCain and the media, and why the Washington press corps loves him so much. The thesis: that the press adores McCain because he  gives them access that no one else does, and also he seems to be interested in them as people.

    McCain understands something elemental about journalists: They love to hear good stories, and they love to tell good stories. This might seem obvious, but few politicians, in 2000 or 2018, have shown a willingness to give reporters the necessary access for such stories—nor do many politicians have personal stories as dramatic as McCain’s. Thus, most campaigns and congressional offices these days are more tightly scripted than a prime-time crime procedural on CBS.

    I have always liked McCain, as I think most people do, even though I find him frequently infuriating. How much of my affection for him is his own likability, how much of it is my connection to his PoW experience (my grandfather was a PoW in World War II), and how much of it was affected by media spin? It’s hard to say.

  • In the Nation, Laila Lalami argues that publicly shaming racists is totally appropriate:

    Schlossberg’s assertion of authority over public space is, of course, protected from government interference by the First Amendment. But that right doesn’t protect him from the social consequences of his speech, including disruption and discomfort. Those protesting Schlossberg’s actions are, in fact, exercising their own free-speech rights to object to his racism and nativism. The simple truth is that if racist behavior is insulated from social shaming, it will likely continue and multiply until it becomes accepted. What happens when a majority of Americans hold views like Schlossberg’s?

    The history of this country is replete with examples of how public space was regulated to ensure that one racial group was made comfortable at the expense of others. This is why it’s important to speak out, and speak out now. Allies can help to stop the harassment, or at least deflect it.

  • And Foreign Policy has a really interesting piece on the vote to repeal the pro-life amendment to the Irish constitution:

    As polls have shown the repeal vote maintaining a significant lead, some on the wilder fringes of the anti-abortion rights campaign have been evoking catastrophic scenarios in which Ireland becomes depopulated, baby-hating Muslims take over, and the Irish become “strangers in our own land.” Others, concerned by evidence that compassion is at play among voters, have stated in recent days that it will be possible to legislate for “hard cases” — such as pregnancy arising from rape, suicidal tendencies arising from crisis pregnancy, and pregnancies involving fatal fetal abnormalities — without repealing the constitutional ban on abortion. They are saying this despite 35 years during which there have been multiple attempts to create laws for the so-called hard cases of rape and fatal fetal abnormalities, but all have been ruled unconstitutional.

    The Taoiseach, Varadkar, has firmly rejected such scare tactics. He told the Dail, the lower house of Ireland’s parliament, this week: “I would contend that it is actually our hard laws that create those hard cases. And the Eighth Amendment is too hard and forces a very hard law on Irish people and Irish women.”

    Thousands of young Irish emigrants are returning home from Britain, the United States, and farther afield to vote for change. Whatever the outcome, feminism has energized the people, reached the halls of power, and made it into Ireland’s mainstream public debate at last.

Reading the News: The First Amendment

The First Amendment has been in the news quite a bit this week, from the president’s bizarre idea to revoke NBC’s broadcasting license because he didn’t like what they said about him, to an Indiana legislator who actually proposed a bill to license journalists, to the president’s claim that we would all be saying “Merry Christmas” again because of his devotion to religious liberty.

So here are five books that have illuminated my thinking about the First Amendment:

  • Roger Williams and the Creation of the American Soul: Church, State, and the Birth of Liberty, by John M. Barry. This is a biography of Roger Williams, the founder of Rhode Island. But it is also the biography of a debate between John Winthrop — the Puritan who wanted to make the Massachusetts Bay colony a beacon Roger Williamsof Christianity — and Williams, an equally devout Christian who nonetheless believed that church and state should be completely separated. It was Williams’s ideas, Barry argues, that influenced the Founders’ thinking on religious freedom:

    Cultural commentators and anthropologists speak of the “myths” which inform and define a society. But it is no myth that the Puritans who founded Massachusetts came to build a Christian country, a city on a hill that would shine for all the world to see. They believed themselves and this nation to be chosen and blessed by God. That belief is not myth but reality, and it has informed this nation’s identity ever since.
    But it is also not myth but reality that those Puritans fled England because they would not submit to forced prayer: they would not submit to the use of the Book of Common Prayer. They would not even sit silently as nonparticipants while others listened to prayers from it.
    And it is also not myth but reality that another informing principle runs like a great river through American history and culture. That principle was first articulated when Roger Williams declared that the state must not enforce those of the Ten Commandments which defined the relationship between humanity and God. It matured when he further separated himself from the dominant view of the day and declared a citizenry “distinct from the government set up…. [S]uch governments as are by them erected and established have no more power, nor for longer time, than the civil power or people consenting and agreeing shall betrust them with.”

    Very much worth reading and considering if you’re interested in the roots of the Establishment Clause of the First Amendment.

  • All the President’s Men, by Carl Bernstein and Bob Woodward. This can’t be an unfamiliar book to most people, but it was the firAll the President's Menst book I thought of when I saw Trump fulminating about broadcast licenses. Don’t you think Nixon would have liked to shut down the Washington Post in 1973? Do you think that his diehard supporters would have licensed Woodward and Bernstein? There are really good reasons why the government does not get involved in who is allowed to say what. (It’s worth noting, as well, that the Watergate story would be a mere footnote, if even that, if Woodward and Bernstein had not had the cooperation of anonymous sources.)
  • The Iron Curtain: The Crushing of Eastern Europe, 1944 – 1956, by Anne Applebaum. Granted, this book is immense and takes a while to get Iron Curtainthrough. But Applebaum really nails down the details of what it’s like to live in a society with no freedom, and the central philosophy of the oppressors that the government cannot be doing anything terrible because the government is always right is frighteningly close to what is being espoused by some Trump supporters today. This philosophy is exactly why the First Amendment was ratified in the first place.
  • Parting the Waters: America in the King Years, 1954-63, by Taylor Branch. This is aParting the Waters magisterial work of history (with two sequels, which you should also read) about the Civil Rights movement in general and Martin Luther King, Jr., in particular. To read this is to understand not just why the Civil Rights protests in the 1960s needed to happen, but also the absolutely central role the First Amendment played in the protests.
  • Ella Minnow Pea, by Mark Dunn. This is a wildly Ella Minnow Peaentertaining, unputdownable examination of a fictional totalitarian society, and a tribute to freedom of expression.