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Free for All: Defending Liberty in America Today [Paperback]

Wendy Kaminer (Author)
4.8 out of 5 stars  See all reviews (5 customer reviews)

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Book Description

September 15, 2002
A lawyer, social critic, and columnist at The American Prospect, Wendy Kaminer has said that she likes to think words have power but knows they don't cast spells. She argues with her readers and expects them to argue back. Her taste for liberty, her legal training, wit, and innate contrarianism help her elude the usual political labels and inform her writings on censorship, feminism, pop psychology, religion, criminal justice, and a range of rights and liberties at issue in the culture wars.

In this new collection, Kaminer has her sights set on the fate of civil liberties in America. Opening with a powerful overview of liberty's tenuous hold on this "land of the free," Kaminer offers incisive, original investigations of political freedom in our frightened, post-September 11 world and reviews perennial threats to sexual and religious liberty, free speech, privacy, and the right to be free from unwarranted, unprincipled prosecutions.

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Editorial Reviews

From Publishers Weekly

"Live Free or Die," New Hampshire's grammar-challenged state motto, sounds worthy enough on the surface. But defining and ensuring freedom are infinitely more difficult and crucial than stamping slogans on license plates, as social critic Kaminer (Sleeping with Extra-Terrestrials: The Rise of Irrationalism and the Perils of Piety, etc.) argues in this insightful, incisive new collection of essays, most of which appeared in the American Prospect. The Bush administration's reaction to September 11 ramping up domestic surveillance, covertly detaining a thousand-plus suspects, instituting military rather than civil trials, squeezing dissent only continues what the author sees as a troubling trend of limiting liberty. A champion of First Amendment freedoms, Kaminer argues against restricting Internet communications, squelching pornography, threatening abortion providers under the guise of free speech and sacrificing defendants' rights in criminal trials in favor of the victims. She's for flag-burning as peaceful protest, instituting the Equal Rights Amendment and protecting abortion rights. A devout civil libertarian, Kaminer aims her crisp writing, clear thinking and deflating humor equally on all who would challenge liberties, from antipornography feminists to pro-surveillance attorneys general. She relishes exposing hypocrisy, such as the religion-based social engineering advocated by self-described antigovernment conservatives. Still, she unleashes her strongest barbs and uncharacteristically relies more on insult than insight in excoriating the right wing's anti-individualism. Despite Kaminer's argument that "civil libertarianism is a nonpartisan virtue," this will be an important book particularly for lefties who feel left behind in a nation in which conservatives are winning most of the battles.
Copyright 2002 Cahners Business Information, Inc.

Review

Wendy Kaminer is a beacon shining through the smog. She is eloquent, pugnacious, and amusing, and best of all, she is right. --James Gleick, author of Faster

"Wonderful Wendy Kaminer! With wit and style and cold hard facts, she skewers contemporary credulity." --Katha Pollitt, author of Reasonable Creatures

"Kaminer, a wonderfully funny social critic, takes on a host of threats to rational thought." --Molly Ivins, author of Shrub: The Short but Happy Political Life of George W. Bush

Product Details

  • Paperback: 256 pages
  • Publisher: Beacon Press (September 15, 2002)
  • Language: English
  • ISBN-10: 0807044113
  • ISBN-13: 978-0807044117
  • Product Dimensions: 5.3 x 0.8 x 8.5 inches
  • Shipping Weight: 10.6 ounces (View shipping rates and policies)
  • Average Customer Review: 4.8 out of 5 stars  See all reviews (5 customer reviews)
  • Amazon Best Sellers Rank: #2,192,885 in Books (See Top 100 in Books)

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12 of 12 people found the following review helpful:
5.0 out of 5 stars Timely collection of essays in defense of the Bill of Rights, February 21, 2003
This review is from: Free for All: Defending Liberty in America Today (Paperback)
Social conservatives, Stalinist feminists, and political correct Democrats (not to mention the Christian soldiers of the Bush administration) will find no comfort here. Wendy Kaminer is going to come down on the side of individual freedom against governmental power whatever the issue at hand.

In this collection of essays, mostly from her column in The American Prospect, Kaminer looks at issues ranging from anti-terrorist encroachments on civil liberties to anti-abortion protests, and invariably comes down on the side of individual liberty, even when she has to share close quarters with the likes of NAMBLA or "pro-fetal life" abortion clinic demonstrators. Her justification is a fine restatement of the civil libertarian position: "If the First Amendment only protected sensible speech, we'd inhabit a very quiet nation indeed." (p. 80)

Because she writes with passion and wit, and because now more than at any recent period in our nation's history, there is the danger of "An Imperial Presidency" (p. 13), we need her and others like her--whether we agree completely with them or not--as a counter to the anti-civil libertarian designs of Ashcroft, Rumsfeld and Bush. Kaminer represents in these pages the loyal opposition that largely went into hiding after September 11th.

Her main concern is for the health of the Bill of Rights, which suffered from cardiac arrest as the Twin Towers fell. Kaminer sees the resulting struggle between the Bush administration's desire to increase its power, and the individual's desire for privacy and due process, as a struggle between our collective need for security and our desire for freedom. When people are in fear they will let go of some of their liberties in order to feel secure. Consequently today is a time of particular danger because many Americans are understandably afraid.

Kaminer also addresses free speech on high school campuses, media censorship, abortion rights, victim's and defendant's rights, gay rights, Bush's faith-based program, and other cutting edge issues. Her style is readable, thoughtful and penetrating. She comes from a position of considerable authority as a social critic, a lawyer, and best-seller author (e.g., I'm Dysfunctional, You're Dysfunctional). She knows the facts and she knows the law, but more than anything she knows how to express what she feels in an engaging manner. Consider how she makes this very delicate, but true, observation: "I don't imagine that he welcomed it, but September 11 was not a bad day politically for George Bush."

Or, note her observation that we don't need a first Amendment to protect popular, inoffensive speech. We need it to protect speech that a "Lynn Cheney or Joe Lieberman" might consider demeaning and degrading. She adds, "Censorship campaigns often begin with a drive to protect children (or women), but rarely end there." (p. 40) My only nitpick is that Kaminer didn't devote some space to the farcical, hypocritical, and disastrous "war on drugs" that is also eroding our liberties. Maybe that will be the subject of her next book.

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10 of 10 people found the following review helpful:
4.0 out of 5 stars Equally critical of Left & Right opponents of civil liberty, September 16, 2002
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Mark Howells (Puyallup, Washington State, USA) - See all my reviews
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This review is from: Free for All: Defending Liberty in America Today (Paperback)
Thank goodness for Wendy Kaminer. A consistent thinker in the midst of our culture of conflict between fabricated absolutist alternatives.

This book is a collection of short essays on the state of American liberties which previously appeared in the "The American Prospect" over the past two years. They have been updated with additional material to confront the issues in civil liberty which have appeared after 9/11.

Censorship, religious freedom, women's rights, and homeland security are just some of the topics covered in these bite-size essays. The author's pen spares no sacred cows of either the Right or the Left. The feminist movement's campaign against pornography is vilified with as much fervor as is the conservative effort to criminalize flag burning. Both efforts are attempts at limiting unpopular speech. Kaminer shows them both to be the silly shibboleths of sanctimonious speech suppressors.

I don't agree with the author's opinions on every issue covered in the book. Her take on the criminal justice system, immigration, and social equality are a bit too left of center for my tastes. However, I am proud of her right to her opinions and her courage to care about the rights of others with whom she disagrees. If only we could all care with this much eloquence.

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9 of 9 people found the following review helpful:
5.0 out of 5 stars Rigorous, but witty, civil libertarian, November 14, 2002
This review is from: Free for All: Defending Liberty in America Today (Paperback)
Threats to civil liberties are greater than ever since September 11, 2001. Due process rights are the most obvious casualties, but privacy, church-state separation, and other civil rights are being eroded, particularly for groups outside the mainstream.

Wendy Kaminer's latest book, "Free For All: Defending Liberty in America Today", is therefore extremely timely and relevant. Kaminer is a lawyer, author, and social critic, whose previous books include "Sleeping With Extraterrestrials: The Rise of Irrationalism and the Perils of Piety", and "I'm Dysfunctional, You're Dysfunctional: The Recovery Movement and Other Self-Help Fashions". "Free For All" is a collection of her essays on civil liberties from the past several years, both before and after 9/11. Most of the pieces appeared in "The American Prospect", though a few are included from other publications such as "Free Inquiry" and "Dissent".

The topics she addresses include freedom of speech, freedom of religion, the right to privacy, defendant's rights, women's rights, and many related issues. A number of themes crop up repeatedly, including the following: When people favor giving up rights, they usually have in mind other people's rights. Civil libertarianism requires applying the Golden Rule to people you dislike. Civil liberties (freedom to X) often conflict with civil rights (freedom from X). Threats to civil liberties tend to come from those who want people to "be good," whether according to Christian morality on the right, or political correctness on the left. We should be especially wary of expansions of government power, especially prosecutorial power, which are likely to lead to erosion of individual freedom. And sadly, Americans tend to pay only lip service to liberties that are supposedly inalienable.

Kaminer is politically liberal, but she does not shy away from positions that make liberals queasy, because they are required by a strict civil libertarian interpretation of the Constitution. Some of her possibly controversial positions include:

* Free speech rights of abortion protesters must be protected. Furthermore, trying to shield abortion patients from protest undermines the feminist position that women can and should make autonomous decisions about abortion.

* Groups such as the Boy Scouts do have the right to discriminate against gays and atheists (and face the social consequences of doing so). Their rights to free speech and free association trump the desire to enforce equal treatment by non-government groups.

* Evangelism in schools (that is not endorsed by the school) should not be prohibited in the name of protecting children. "Sectarian religious groups that seek access to public schools are unlikely to compare themselves to pornographers, but they do rely on First Amendment rights." (p. 101) In both situations, it is the job of parents, not the state, to protect children.

These essays are necessarily snapshots in time. Most of the pre-9/11 pieces have been rewritten in the past tense, to reflect the changing face of civil liberties since that date. Two pre-9/11 essays are left in the present tense, to underscore the fact that civil libertarians were already alarmed well before the terrorist attacks. Many of the restrictions currently being used by the Bush/Ashcroft regime were enabled by the Counter-Terrorism Act of 1996. The attacks of 9/11 simply provided the first opportunity to apply them on a wide and well-publicized scale. The "USA PATRIOT" Act is merely icing on the cake.

"Free For All" is well worth reading if you interested in civil liberties in general. It provides a wide-ranging, thorough, and entertaining exploration of current issues. If eternal vigilance is the price of liberty, then Wendy Kaminer is standing guard, and letting us know that all is not well.

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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
charitable choice bills, flag desecration amendment, infertility coverage, virtual rape, civil rights remedy, associational rights, violent media, abortion protests
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, First Amendment, The American Prospect, New York Times, World War, George Bush, Good News Club, United States, James Maxwell, Bill of Rights, Fourth Amendment, Bill Clinton, New Jersey, African Americans, Fourteenth Amendment, Nation of Islam, Bush Administration, Commerce Clause, Civil Rights Act, Clinton Administration, Church of Scientology, Second Amendment, Oklahoma City, Boy Scouts, Rights Amendment
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