100 books like Troublemakers

This is one of those books that reminds you of something that was hiding in plain sight, but that you somehow overlooked: Black students who desegregated schools in the South were disproportionately female. Take the Little Rock Nine, for example: six women, three men. Rachel Devlin takes us inside the lives of these brave Black girls, who incurred enormous risks to help America live out its founding creed: all men (and, now, women) are created equal. We are all in their debt, whether we realize it or not.

Talk about a badass. In 1956, 16-year-old Ellery Schempp protested his school’s mandatory prayer and Bible-reading period by reading silently from the Koran. He was kicked out of class and sued his school district, insisting that the First Amendment barred it from promoting a particular religious creed. Eventually, in Abington v. Schempp, the Supreme Court agreed. But along the way, kids called Schempp and his family “Commies” (it was the 1950s, remember) and his principal tried to get Tufts University to rescind its admission offer to him. Earlier this year, the Supreme Court permitted a football coach and devout Christian to pray on the field after games. It’s worth asking what would have happened if—like Schempp—the coach was reciting a Muslim prayer instead. 

Here’s the only full-scale biography of the most important student activist in American history. Mario Savio registered Black voters during the Freedom Rides in Mississippi and then led the Free Speech Movement at Berkeley in 1964, when the university tried to prevent civil-rights demonstrators from protesting on campus. Savio’s story is yet another reminder about the radical roots of free speech, which is too often dismissed at contemporary universities as a conservative or even reactionary impulse. It wasn’t, and it isn’t. 

In this day of “diversity, equity, and inclusion,” it’s easy to forget how our elite universities marginalized or simply excluded Black faculty and students. Stefan Bradley tells their stories for the first time, showing not just how African-Americans changed these institutions but also how their Ivy League experiences altered their own perceptions of America. We have a lot to learn from these “old heads”—about race, education, and much else—if we will simply stop for a moment, and listen.

This is a classic. The book provides an early assessment of the impact of new communications tools on freedom of expression. Pool observed how electronic networks were emerging and transforming the nature of print, arguing that we need to learn how to live with technology and make the most of it. Electronic technologies, Pool envisaged, will become the dominant mode of communication. Pool further envisaged that electronic technology would allow a great degree of diversity, more knowledge, easier access, and freer speech. He provided a lucid and perceptive analysis of the relation of American law to technology and its regulation. Pool was concerned with the negative consequences of new technology and feared its excessive regulation. It is not computers but policy that threatens freedom, he warned. This seminal work encapsulates many of the questions we face today. The challenges Pool described came to life as the pressures on government to… show more.

Starting with his experience as publisher of an anti-war newspaper in the 1970s, and relying on official records released under the Freedom of Information Act, Mackenzie reveals how the CIA used undercover operatives to sabotage the dissident press and developed a system of secrecy agreements and pre-publication review boards that spread throughout the federal government in efforts to silence former intelligence agents and other would-be whistle-blowers. This brilliant book is the last work by the late Mackenzie, who dedicated his life to defending the First Amendment. He was a long-time associate of the Bay Area’s Center for Investigative Reporting, which with his wife, Jane Hundertmark, completed it after his untimely death.

This book will capture the attention of anyone who was lucky enough to live through the most troubled, most enlightening, and most musical time in America in the 1960s. The book tells the story of the Smothers Brothers Comedy Hour, a show that pushed against the tried and true aura of American capitalism. An unjust war was taking lives in VietNam, and censors were trampling on the First Amendment, which the Brothers worked against in a very interesting way.

Legal scholars have offered a lot of insights into how democracies fall apart, but one of the more interesting books from constitutional scholars is How to Save a Constitutional Democracy. Using a case study of the US to illustrate, this book demonstrates how important constitutional design is in preventing democratic backsliding, as the book explains how would-be autocrats can take advantage of constitutions to flex their own power. And though the US constitution has often been heralded as a model document for new democracies to follow, somewhat surprisingly, it’s not ideal for maintaining a democracy; it actually suffers from two sins of being overly rigid on the one hand, and too vague in shaping the parameters of executive power on the other. This book is both a guide and a cautionary tale.

Anthony Lewis’s Gideon’s Trumpet may be the most famous journalistic account of a single Supreme Court case, but his Make No Law has the more compelling origin story. A representative of the Committee to Defend Martin Luther King and the Struggle for Freedom in the South walks into The New York Times headquarters to take out an advertisement. When the full-page ad, headlined “Heed Their Rising Voices,” was published, a number of southern officials took issue with how it described their actions with regard to protesters; one of them, Montgomery, Alabama, police commissioner L. B. Sullivan decided to sue the Times for libel. A local all-white jury ruled in Sullivan’s favor, but the U.S. Supreme Court in 1964 reversed the decision, enshrining a high standard for public figures to sue for defamation. Lewis, who covered the case for the Times, delivers an account that only tracks the maturity of… show more.

This is perhaps the most talked-about book of the last generation on church-state relations. It offers a sweeping survey of the conceptions and rhetoric of church-state separation in American political and legal traditions from colonial times to the mid-20th century.  

Philip Hamburger challenges the notion that “separation of church and state,” as developed in 20th-century jurisprudence, is a fundamental American principle deeply embedded in the nation’s political and constitutional traditions. Rather, he argues, the rhetoric of separation emerged from the cynical politics of late-18th-century disestablishment battles and was picked up in the next century by nativists seeking to marginalize Catholics (while preserving Protestant hegemony) and by liberals intent on establishing a secular polity. I read few pages in this book that failed to prompt reflection or challenge long-held assumptions.