Alan Dershowitz - Cancel Culture
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Also by Alan Dershowitz
The Case for Liberalism in an Age of Extremism: or, Why I Left the Left But Cant Join the Right
Defending the Constitution: Alan Dershowitzs Senate Argument Against Impeachment Guilt by Accusation: The Challenge of Proving Innocence in the Age of #MeToo
Defending Israel: The Story of My Relationship with My Most Challenging Client
The Mueller Report (with an Introduction by Alan Dershowitz)
The Case Against Impeaching Trump
The Case Against BDS: Why Singling Out Israel for Boycott Is Anti-Semitic and Anti-Peace
Trumped Up: How Criminalization of Political Differences Endangers Democracy
Electile Dysfunction: A Guide for Unaroused Voters
The Case Against the Iran Deal
Terror Tunnels: The Case for Israels Just War Against Hamas
Abraham: The Worlds First (But Certainly Not Last) Jewish Lawyer
Taking the Stand: My Life in the Law
The Trials of Zion
The Case for Moral Clarity: Israel, Hamas and Gaza
The Case Against Israels Enemies: Exposing Jimmy Carter and Others Who Stand in the Way of Peace
Is There a Right to Remain Silent? Coercive Interrogation and the Fifth Amendment After 9/11
Finding Jefferson: A Lost Letter, a Remarkable Discovery and the First Amendment in the Age of Terrorism
Blasphemy: How the Religious Right is Hijacking Our Declaration of Independence
Pre-emption: A Knife That Cuts Both Ways
What Israel Meant to Me: By 80 Prominent Writers, Performers, Scholars, Politicians and Journalists
Rights From Wrongs: A Secular Theory of the Origins of Rights
America on Trial: Inside the Legal Battles That Transformed Our Nation
The Case for Peace: How the Arab-Israeli Conflict Can Be Resolved
The Case for Israel
America Declares Independence
Why Terrorism Works: Understanding the Threat, Responding to the Challenge
Shouting Fire: Civil Liberties in a Turbulent Age
Letters to a Young Lawyer
Supreme Injustice: How the High Court Hijacked Election 2000
Genesis of Justice: Ten Stories of Biblical Injustice that Led to the Ten Commandments and Modern Law
Just Revenge
Sexual McCarthyism: Clinton, Starr, and the Emerging Constitutional Crisis
The Vanishing American Jew: In Search of Jewish Identity for the Next Century
Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case
The Abuse Excuse: And Other Cop-Outs, Stories and Evasions of Responsibility
The Advocates Devil
Contrary to Popular Opinion
Chutzpah Taking Liberties: A Decade of Hard Cases, Bad Laws, and Bum Raps
Reversal of Fortune: Inside the Von Blow Case
The Best Defense
Criminal Law: Theory and Process (with Joseph Goldstein and Richard Schwartz)
Psychoanalysis, Psychiatry, and Law (with Joseph Goldstein and Jay Katz)
This book is dedicated to the students who are standing up, often at personal risk, to cancel culture, political correctness, identity politics, and other attacks on free speech, due process, meritocracy, and democratic values.
Copyright 2020 by Alan Dershowitz
All rights reserved. No part of this book may be reproduced in any manner without the express written consent of the publisher, except in the case of brief excerpts in critical reviews or articles. All inquiries should be addressed to Skyhorse Publishing, 307 West 36th Street, 11th Floor, New York, NY 10018.
Hot Books may be purchased in bulk at special discounts for sales promotion, corporate gifts, fund-raising, or educational purposes. Special editions can also be created to specifications. For details, contact the Special Sales Department, Skyhorse Publishing, 307 West 36th Street, 11th Floor, New York, NY 10018 or .
Hot Books and Skyhorse Publishing are registered trademarks of Skyhorse Publishing, Inc., a Delaware corporation.
Visit our website at www.hotbookspress.com.
10 9 8 7 6 5 4 3 2 1
Library of Congress Cataloging-in-Publication Data is available on file.
Print ISBN: 978-1-5107-6490-3
eBook: 978-1-5107-6491-0
Cover design by Brian Peterson
Printed in the United States of America
Table of Contents
Introduction
C ancel culture is the new McCarthyism of the woke generation. As with the old McCarthyism, it ends careers, destroys legacies, breaks up families, and even causes suicideswith no semblance of due process or opportunity to disprove the often-false or exaggerated accusations. As with McCarthyism, even when the accusations are true, or partially true, they are generally about acts done, statements made, or positions taken many years earlier, when different values and attitudes prevailed. And, as with McCarthyism, the impact goes beyond the cancelled individual and affects other members of society, from audiences denied the right to hear cancelled performers, to students denied the right to learn from cancelled teachers, to citizens denied the right to vote for cancelled politicians.
I remember the original McCarthyism and the devastating impact it had on my generation of young people. We were warned by our parents never to speak out, sign petitions, join organizations, or attend concerts that were in any way associated with left-wingers, pinkos, or fellow travelers, lest we be labeled subversive and our future prospects cancelled. My parents, especially my mother, were terrified about lists and records. This was, after all, the age of blacklists, Red Channels, and other colored compilations that kept anyone on them from getting a job. They will put you on a list, my mother would warn. Or, It will go on your permanent record. When I was fourteen, I actually did something that may have gotten me on a list.
It was during the height of the McCarthy period, shortly after Julius and Ethel Rosenberg had been sentenced to death for allegedly spying for the Soviet Union. A Rosenberg relative was asking people to sign a petition to save the Rosenbergs lives. I read the petition and it made sense to me, so I signed it. A neighbor observed the transaction and duly reported it to my mother. She was convinced that my life was over, my career ruined, and my willingness to sign a Communist-inspired petition part of my permanent record. My mother decided that I had to be taught a lesson. She told my father the story. I could see that my father was proud of what I had done, but my mother told him to slap me. Ever obedient, he did, causing him, I suspect, more pain than me.
During the height of McCarthyism, we couldnt see movies, go to shows, or watch TV programs made by or acted in by blacklisted artists, because there were none. We couldnt be taught by blacklisted teachers, because they were fired. We couldnt be patients, clients, or voters for blacklisted doctors, lawyers, or politicians, because they were denied the ability to practice their professions.
Even more fundamentally, the old McCarthyism endangered our constitutional rights of free speech and due process, which are the core protectors of liberty and barriers against tyranny. The new McCarthyismcancel culturethreatens these rights as well.
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