A 332-page book about Justice Holmes's dissenting opinion in Abrams.

Reviewed here by Alan Dershowitz, who says:

In “The Great Dissent,” Thomas Healy, a professor of law at Seton Hall Law School... postulates that a chance encounter with Learned Hand — then a district court judge — on the train between New York and Boston planted the seed that eventually blossomed into Holmes’s full-blown defense of free speech. Hand attempted to convince the 77-year-old justice that tolerance of dissenting, even obnoxious and dangerous, views was essential to democratic governance, but his effort seemed at first to fall on deaf ears: Holmes insisted that the state could legitimately enforce what a majority accepted as the truth, which he defined as “the majority vote of that nation that can lick all the others.” He accused his younger judicial colleague of striking “at the sacred right to kill the other fellow when he disagrees,” and he later invoked an absurd analogy between the power of the state to vaccinate those who might spread dangerous diseases and to imprison those who might spread dangerous ideas.

"Heh, great stuff, Althouse. Cf. Derrida on Nietzsche's umbrella."

Says Yashu, in the comments on "The word 'umbrella' appears exactly once in Obama's 'Dreams From My Father.'" And that was after I'd read rhhardin, commenting on "Sigmund Freud on the meaning of the umbrella": "Derrida in Spurs on the umbrella that Nietzsche wrote he had forgotten."

I'm spurred to read "Spurs," but "Spurs" is not an ebook, so I'm off the hook. Still, here's some text visible in Google books. Derrida is playing with the the possible meaning(s) of "I have forgotten my umbrella," found (in quotation marks) in Nietzche's unpublished manuscripts. Excerpt:

The umbrella's symbolic figure is well-known, or supposedly so. Take, for example, the hermaphroditic spur of a phallus which is modestly enfolded in its veils, an organ which is at once aggressive and apotropaic, threatening and/or threatened. One doesn't just happen onto an unwonted object of this sort in a sewing-machine on a castration table. 

"Unwonted" is not a typo. Unlike "unwanted," it's not commonly heard/seen. It means: "not commonly heard, seen, practised." So says the OED, which tells us that Charlotte Brontë used "unwonted" in "Jane Eyre": "Difficulties in habituating myself to new rules and unwonted tasks." Are there umbrellas in "Jane Eyre"?

I jumped up, took my muff and umbrella, and hastened into the inn-passage: a man was standing by the open door, and in the lamp-lit street I dimly saw a one-horse conveyance....

The Freudian symbolism is too blatant to need pointing out. The umbrella, the man, and the horse. And the muff, the inn-passage, and the open door. That's more than dimly seen.

"Apotropaic" is also unusual. The OED says it's "Having or reputed to have the power of averting evil influence or ill luck" and gives this earliest example from the 1883 Encyclopedia Brittanica:

The sacrifice of the ‘October horse’ in the Campus Martius..had also a naturalistic and apotropaic character.

Wikipedia says the "October horse was an animal sacrifice to Mars carried out on October 15, coinciding with the end of the agricultural and military campaigning season." There were chariot races and "the right-hand horse of the winning team was transfixed by a spear, then sacrificed." So did the ancient Romans have umbrellas? Yes. They were used by women and "effeminate men." Used against the sun, of course. How much Latin do you need to see the "umbra" in "umbrella" and to know we're talking about shade.

We law folk know "umbra" from the "penumbras" in "specific guarantees in the Bill of Rights [that] have penumbras, formed by emanations from those guarantees that help give them life and substance," a very glaring phrase written by Justice William O. Douglas, trying to explain how in the lamp-lit street he dimly saw the right of privacy.

But it was really Oliver Wendell Holmes, Jr. who got that word started in its U.S. law usage, the OED tells us: "The use of the penumbra metaphor in American jurisprudence appears to date from the late 19th cent. and is associated with Oliver Wendell Holmes (1841–1935), legal scholar and Associate Justice of the U.S. Supreme Court."

1873   O. W. Holmes in Amer. Law. Rev. 7 654   It is better to have a line drawn somewhere in the penumbra between darkness and light, than to remain in uncertainty.

I suspect no one will ever Heh-great-stuff-Althouse-Cf. me again. Here I am, writing expectantly, hoping for the circle to finally close, as it did for young Obama, crying over his father's grave, when he realized that the masculine needed to be leavened with femininity and that who he was, what he cared about, was no longer just a matter of intellect or obligation, no longer a construct of words, and then it started to rain and suddenly his brother Bernard was squatting beside him, sheltering him with a bent-up old umbrella. 

"Are you ready for me to read it?" Meade asks, and I say, "It needs one more thing, and I don't know what it is."

"How Twitter Is Messing With Al-Qaeda's Careful PR Machine."

"Individual jihadis are increasingly taking to social media with their own opinions, sparking disputes within the terrorist organization."

It's a marketplace of ideas. As Justice Holmes famously said:

If you have no doubt of your premises or your power, and want a certain result with all your heart, you naturally express your wishes in law, and sweep away all opposition.... But when men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out.

Good luck shopping. 

"The minute you knew what happened, you knew it was a terrorist attack."

Said Dianne Feinstein, on yesterday's "Meet the Press," where she was the one defending the Obama administration, but even she moved to get some distance between her and them.

 “When you see a group going up with RPGS and weapons to break into one of our facilities, you can assume it’s a terrorist attack. Unfortunately, the word extremist was used which is not as crystal clear as terrorist. The real-time video which we have all seen reveals that there was virtually no defense. The militia from Libya sent to guard the embassy disappeared the minute these people came down the street. These people just walked right into the facility.”

Why was the word "extremist" preferred to "terrorist"? I don't think either word is "crystal clear." I think both words are "not a crystal, transparent and unchanging, [but] the skin of a living thought and may vary greatly in colour and content according to the circumstances and time in which it is used" (to quote Justice Oliver Wendell Holmes, Jr.).

Considering the the circumstances and time in which "extremist" was used and "terrorist" was actively avoided, what was the living thought within each of those 2 words?

Terrorist relates to the war on terrorism. A terrorist seems connected to a network of terrorism, specifically al Qaeda. It suggests organization and it connects a problem of violence to an entire religion. It seems to magnify the significance of the attacks as the leading edge of a group that has been elevated for 12 years as a military enemy, an enemy the Obama administration would like to say it has defeated. One way to claim victory is to stop using the word that is connected with the long war, to demote these violent characters from the status of terrorist. A terrorist terrifies. We are not terrified. We won. We need to get that message out: We won! And we're going to keep winning. We need to win... the war and the election.

Extremist relates to the mind of the individual who's moved into an extreme form of ideation, who's gone from the normal way of thinking about power and politics and has become a crazy nut who will cross the line — perhaps suddenly and insanely — into murderous violence. This misguided individual may have heard a lot of talk — perhaps suddenly, perhaps via YouTube — that he cannot process properly. He's gone into furious thinking and loses control. There's no global network of organized action — nothing like a military enemy in a war — but just the network of disordered thinking within the small globe of a man's skull. This is, unfortunately, something that happens. It happened to Jared Loughner and to Timothy McVeigh. We need to reach and soothe the minds of young men that might burst out into violence. Let them know we care, perhaps through the political theater of distancing ourselves from a disgusting and reprehensible video.

"I’m proud of my dad, not necessarily because of where he is now on marriage equality (although I’m pretty psyched about that)..."

"... but because he’s been thoughtful and open-minded in how he’s approached the issue, and because he’s shown that he’s willing to take a political risk in order to take a principled stand. He was a good man before he changed his position, and he’s a good man now, just as there are good people on either side of this issue today. We’re all the products of our backgrounds and environments, and the issue of marriage for same-sex couples is a complicated nexus of love, identity, politics, ideology and religious beliefs. We should think twice before using terms like 'bigoted' to describe the position of those opposed to same-sex marriage or 'immoral' to describe the position of those in favor, and always strive to cultivate humility in ourselves as we listen to others’ perspectives and share our own."

Dad = Rob Portman.

ADDED: Clicking "edit" on this post, I said: "Do I have a 'humility' tag?" Then, laughing: "No, I only have a 'humiliation' tag." I love adding tags that I've already made, but I resist making new tags. Having "humiliation" but not "humility" strikes me as funny, but on further thought, I do have a tag for humility, which is "modesty." You don't want a lot of synonyms in the tags. "Modesty" is close enough — even if it sweeps together things as diverse as World Hijab Day and the judicial philosophy of Oliver Wendell Holmes.