| 00:00:479 sec. |
Lamb, Brian - Host
Anthony Lewis, author of the new book "Make No Law: The Sullivan Case and the First Amendment," why this kind of a book at this time? |
| 00:00:5632 sec. |
Lewis, Anthony - Columnist
It's a book that celebrates our right of free speech, and I think an honest answer in terms of myself is that after a lot of years of dealing with issues... |
| 00:01:285 sec. |
Lamb, Brian - Host
: Is there any other country in the world that is as free as this country is to speak? |
| 00:01:3326 sec. |
Lewis, Anthony - Columnist
I don't think so. I think certain kinds of speech -- the raucous, uninhibited American habits of razzing our politicians and our public figures -- you... |
| 00:01:591 sec. |
Lamb, Brian - Host
: Who was Sullivan? |
| 00:02:0021 sec. |
Lewis, Anthony - Columnist
Sullivan was a city commissioner of Montgomery, Alabama, in the '60s who sued the New York Times and some others after we carried an advertisement for... |
| 00:02:213 sec. |
Lamb, Brian - Host
: You decided to publish this ad in your book. |
| 00:02:246 sec. |
Lewis, Anthony - Columnist
Yes. I'll give credit to the Random House production people who did a very nice job of fitting it in. |
| 00:02:303 sec. |
Lamb, Brian - Host
: When did this ad run and where did it run? |
| 00:02:3347 sec. |
Lewis, Anthony - Columnist
It ran a full page in the New York Times on March 29, 1960. I ought to say a word about that, I think. We forget, or some of us are too young to remember,... |
| 00:03:2026 sec. |
Lamb, Brian - Host
: At the bottom of the ad it says, "The Committee to Defend Martin Luther King and the Struggle for Freedom in the South," and then it gives a bunch... |
| 00:03:4620 sec. |
Lewis, Anthony - Columnist
Not just the entertainers, but Eleanor Roosevelt, Jackie Robinson. They were believers in the civil rights movement who were rallied to this ad, I suppose.... |
| 00:04:061 sec. |
Lamb, Brian - Host
: Where were you in 1960? |
| 00:04:076 sec. |
Lewis, Anthony - Columnist
I was covering the Supreme Court of the United States for the New York Times. I was a reporter at the court. |
| 00:04:133 sec. |
Lamb, Brian - Host
: Do you happen to remember when this ad was taken out? Did you see it that day? |
| 00:04:1640 sec. |
Lewis, Anthony - Columnist
I did, but it didn't really come to my attention. I mean it didn't -- what shall I say? -- grip my mind until the lawsuit began. It was a lawsuit that... |
| 00:04:5612 sec. |
Lamb, Brian - Host
: I want to talk more about the actual ad and the case itself, and there's no mystery to this; jump to the conclusion. The New York Times vs. Sullivan... |
| 00:05:0828 sec. |
Lewis, Anthony - Columnist
Yes, in the end in very dramatic circumstances -- at least I think so -- the Supreme Court reversed that $500,000 judgment and really said with James... |
| 00:05:364 sec. |
Lamb, Brian - Host
: From the day the ad ran until the case was decided by the Supreme Court, how long did it take? |
| 00:05:401 sec. |
Lewis, Anthony - Columnist
Just short of four years. |
| 00:05:416 sec. |
Lamb, Brian - Host
: At the time was this whole issue visible? Did you write a lot about it? Did the newspapers focus on it? |
| 00:05:4733 sec. |
Lewis, Anthony - Columnist
I was covering the Supreme Court. I wrote quite a lot about it in terms of Supreme Court coverage. Long stories. There were some other defendants. Sullivan... |
| 00:06:204 sec. |
Lamb, Brian - Host
: I guess the reason I ask that is, at the time did people realize how important a case this was going to be? |
| 00:06:2427 sec. |
Lewis, Anthony - Columnist
I think the honest answer to that is no. They understood that it was important for the civil rights movement. They understood it was important for the... |
| 00:06:5113 sec. |
Lamb, Brian - Host
: When you jump to the back of your book, you published what you say was the first draft of William Brennan's decision. It was the decision that he... |
| 00:07:0446 sec. |
Lewis, Anthony - Columnist
I had obtained, with his permission, from the manuscript division of the Library of Congress all of his written materials on the case, which included... |
| 00:07:503 sec. |
Lamb, Brian - Host
: In the end, what was the final vote of the court? |
| 00:07:5317 sec. |
Lewis, Anthony - Columnist
After much difficulty, which we could go into, I hope, six members of the court joined in Justice Brennan's opinion and three others took a more all-out... |
| 00:08:108 sec. |
Lamb, Brian - Host
: I wrote them all down in case you couldn't remember it -- I'm sure you can -- but it should be helpful, I think, to the audience to know who the nine... |
| 00:08:181 sec. |
Lewis, Anthony - Columnist
Please. |
| 00:08:1911 sec. |
Lamb, Brian - Host
: William Brennan, the chief justice was Earl Warren, Hugo Black, Arthur Goldberg, Byron White, William Douglas, John Harlan, Tom Clark and Potter Stewart.... |
| 00:08:3050 sec. |
Lewis, Anthony - Columnist
I think it is fair to say it may have been the Supreme Court that in our entire history was the most devoted to individual liberty. It had the strongest... |
| 00:09:204 sec. |
Lamb, Brian - Host
: You write a column for the New York Times. How many times a week? |
| 00:09:241 sec. |
Lewis, Anthony - Columnist
Twice. |
| 00:09:253 sec. |
Lamb, Brian - Host
: What else do you do? Do you still teach? |
| 00:09:282 sec. |
Lewis, Anthony - Columnist
Do I have to do something else? |
| 00:09:301 sec. |
Lamb, Brian - Host
: No, but I know you taught. |
| 00:09:3131 sec. |
Lewis, Anthony - Columnist
My wife is a hard-working lawyer and she regards being a columnist as a sort of semi-retired luxury, but two ideas a week is about the limit of human... |
| 00:10:022 sec. |
Lamb, Brian - Host
: How long were you the New York Times Supreme Court reporter? |
| 00:10:042 sec. |
Lewis, Anthony - Columnist
For seven years. |
| 00:10:061 sec. |
Lamb, Brian - Host
: Are you a lawyer? |
| 00:10:071 sec. |
Lewis, Anthony - Columnist
I'm not a lawyer. |
| 00:10:083 sec. |
Lamb, Brian - Host
: How much legal education did you have at that time? |
| 00:10:1155 sec. |
Lewis, Anthony - Columnist
I had spent a year as a Neiman fellow at Harvard and I was, in fact, a graduate of Harvard College. A Neiman fellow is a journalist chosen to go back... |
| 00:11:061 sec. |
Lamb, Brian - Host
: Where did you grow up? |
| 00:11:072 sec. |
Lewis, Anthony - Columnist
New York City. |
| 00:11:091 sec. |
Lamb, Brian - Host
: How did you get into Harvard? |
| 00:11:105 sec. |
Lewis, Anthony - Columnist
Are we getting personal now? My father went to Harvard. Maybe that helped. |
| 00:11:156 sec. |
Lamb, Brian - Host
: Did you always grow up thinking someday I'm going to do the same thing that my dad did? Is that why you went to Harvard? |
| 00:11:2118 sec. |
Lewis, Anthony - Columnist
Oh, no. No, no. My father came from a typical middle class business family. It was a family of 11. He and three of his brothers were in the cotton textile... |
| 00:11:392 sec. |
Lamb, Brian - Host
: When did you get your first interest in journalism? |
| 00:11:415 sec. |
Lewis, Anthony - Columnist
In high school. I was a high school newspaper editor, and then college. |
| 00:11:464 sec. |
Lamb, Brian - Host
: If you grow up in New York, was the New York Times the ultimate? |
| 00:11:501 sec. |
Lewis, Anthony - Columnist
Absolutely. |
| 00:11:518 sec. |
Lamb, Brian - Host
: If somebody watching this has never read the New York Times -- they hear us talk about it on this network all of the time -- what's so special about... |
| 00:11:5947 sec. |
Lewis, Anthony - Columnist
To me the great thing about it is the willingness to pour resources and talent into covering the most important events facing the country. Let me give... |
| 00:12:4625 sec. |
Lewis, Anthony - Columnist
He was there so, of course, he immediately pitched in. Wives, other correspondents poured in until in the end we had eight or 10 very talented people... |
| 00:13:118 sec. |
Lamb, Brian - Host
: Why can the New York Times do that and almost no other paper in the country do it? Some others do publish texts but not to the extent the Times does. |
| 00:13:1926 sec. |
Lewis, Anthony - Columnist
Well, it's a tradition. Of course, it costs money. We live in a society in which, as I guess the world has found out, there's no such thing as a free... |
| 00:13:454 sec. |
Lamb, Brian - Host
: When you got out of Harvard did you go right to the New York Times? |
| 00:13:492 sec. |
Lewis, Anthony - Columnist
Originally, you mean, from college? |
| 00:13:51 |
Lamb, Brian - Host
: Yes. |
| 00:13:5143 sec. |
Lewis, Anthony - Columnist
I did, but if the implication was that it's been a sort of steady, happy success story, not so. I worked there four years, and I was a terrible failure.... |
| 00:14:347 sec. |
Lamb, Brian - Host
: What do you consider the charge to you by the paper or the syndicate? Is your column syndicated across the country through the New York Times? |
| 00:14:411 sec. |
Lewis, Anthony - Columnist
Yes. |
| 00:14:423 sec. |
Lamb, Brian - Host
: Every week when you write a column, what's the mission? |
| 00:14:451 min. |
Lewis, Anthony - Columnist
Well, I have to tell you that, probably surprisingly, nobody tells you that mission. When I started doing this in 1969, nobody said to me what I was... |
| 00:15:563 sec. |
Lamb, Brian - Host
: You spend most of the time on what kind of a subject? |
| 00:15:5942 sec. |
Lewis, Anthony - Columnist
I write on different subjects, but I have certain themes. I write quite often about foreign affairs, but usually in certain areas of the world that... |
| 00:16:416 sec. |
Lamb, Brian - Host
: Back to this book, "Make No Law," when did you first think that there was a need for a book? |
| 00:16:471 min. |
Lewis, Anthony - Columnist
I really began writing the book after an operation. I can time it. I climbed out of that operation in February 1990. I would say during the previous... |
| 00:18:041 sec. |
Lamb, Brian - Host
: You live in Boston. |
| 00:18:051 sec. |
Lewis, Anthony - Columnist
I do. |
| 00:18:069 sec. |
Lamb, Brian - Host
: Now, when you headed out to write this you say you changed your views on this. Did you change your views on the First Amendment or on New York Times... |
| 00:18:1531 sec. |
Lewis, Anthony - Columnist
No, not on the Sullivan case -- on how the First Amendment got where it is and what it meant. You see, this is the whole book, so I can't give it in... |
| 00:18:4637 sec. |
Lewis, Anthony - Columnist
But it's not like that. Not at all. That's what gradually got a hold of my consciousness because it really wasn't until very recently that the courts,... |
| 00:19:2346 sec. |
Lamb, Brian - Host
: A couple of weeks ago at the other end of this studio, Cathy Black, who is the chief executive officer of the American Newspaper Publishers Association,... |
| 00:20:0944 sec. |
Lewis, Anthony - Columnist
I don't agree with that. First of all, let me emphasize, then we can come back to this, that this is not a case about newspapers. This is a case that's... |
| 00:20:5348 sec. |
Lewis, Anthony - Columnist
I think if you want to take a case in point, New York Times against Sullivan freed us psychologically as well as legally to do the Pentagon Papers case,... |
| 00:21:416 sec. |
Lamb, Brian - Host
: Let's go back, again, to the beginning of all of this. The ad was taken out in March of 1960. |
| 00:21:471 sec. |
Lewis, Anthony - Columnist
Yes. |
| 00:21:482 sec. |
Lamb, Brian - Host
: Published in the New York Times. One day only? |
| 00:21:501 sec. |
Lewis, Anthony - Columnist
Yes. |
| 00:21:512 sec. |
Lamb, Brian - Host
: How much did it cost them? |
| 00:21:532 sec. |
Lewis, Anthony - Columnist
Just under $5,000. |
| 00:21:554 sec. |
Lamb, Brian - Host
: The suit was brought how soon after that? |
| 00:21:594 sec. |
Lewis, Anthony - Columnist
Oh, quite soon. I'd have to look in the book, but April or May. Very soon. |
| 00:22:032 sec. |
Lamb, Brian - Host
: And then what happened? |
| 00:22:0542 sec. |
Lewis, Anthony - Columnist
Again, it went quite quickly. The judge who handled the case in the circuit court of Montgomery, Alabama, was quite an extraordinary character named... |
| 00:22:4744 sec. |
Lewis, Anthony - Columnist
The Alabama law of libel was if there are any mistakes in a statement, however trivial, the defendant -- the publisher -- loses the defense of truth.... |
| 00:23:312 sec. |
Lamb, Brian - Host
: That was in what court again? |
| 00:23:333 sec. |
Lewis, Anthony - Columnist
The circuit court of Montgomery, Alabama -- a state court. |
| 00:23:362 sec. |
Lamb, Brian - Host
: Then the appeal came? |
| 00:23:382 sec. |
Lewis, Anthony - Columnist
It went to the Supreme Court of Alabama. |
| 00:23:401 sec. |
Lamb, Brian - Host
: What happened there? |
| 00:23:411 min. |
Lewis, Anthony - Columnist
Oh, it was affirmed. The Supreme Court of Alabama upheld the logic of the case, of the judge's decision, and indeed broadened it out and made it, I... |
| 00:25:026 sec. |
Lamb, Brian - Host
: So after the Alabama State Supreme Court upheld this decision, what happened then? |
| 00:25:081 min. |
Lewis, Anthony - Columnist
There was only one recourse left, and that was to ask the Supreme Court of the United States to review this. It only has the power to review such a... |
| 00:26:103 sec. |
Lamb, Brian - Host
: What does libel mean? |
| 00:26:1314 sec. |
Lewis, Anthony - Columnist
Libel is a very old form of action at law, coming down from English common law, which means a damaging statement about somebody. |
| 00:26:272 sec. |
Lamb, Brian - Host
: What's the difference between libel and slander? |
| 00:26:2919 sec. |
Lewis, Anthony - Columnist
Slander is oral and libel is written. It's printed, or now broadcast. If I simply in a conversation say something mean and untruthful about you that's... |
| 00:26:489 sec. |
Lamb, Brian - Host
: Before we get to the Supreme Court itself, when you went back to get ready to write this book, did you find new information that you hadn't seen before? |
| 00:26:5714 sec. |
Lewis, Anthony - Columnist
Oh, I found out some things about Judge Jones, and I talked with the lawyers -- those who are still living, and most of them were; not all, but most... |
| 00:27:113 sec. |
Lamb, Brian - Host
: What important figures in this case are still living? |
| 00:27:1414 sec. |
Lewis, Anthony - Columnist
The lawyer for the New York Times, the principal lawyer who represented us in the Supreme Court Professor Herbert Weschler of the Columbia Law School.... |
| 00:27:281 sec. |
Lamb, Brian - Host
: Is Mr. Sullivan alive? |
| 00:27:2921 sec. |
Lewis, Anthony - Columnist
No. He died rather shortly after this case was decided, as did Judge Jones. They are gone. One of Herbert Weschler's assistants on the case who later... |
| 00:27:504 sec. |
Lamb, Brian - Host
: Would William Brennan talk to you about this, the former justice of the Supreme Court? |
| 00:27:541 min. |
Lewis, Anthony - Columnist
Yes, he did, but I will tell you that we didn't have much oral discussion. I learned so much from his documents, more than I think any judge could be... |
| 00:28:555 sec. |
Lamb, Brian - Host
: Mr. Weschler, the attorney for the New York Times, when was he asked to come into this case? |
| 00:29:0042 sec. |
Lewis, Anthony - Columnist
He was asked to come into the case shortly before the case was put to the Alabama Supreme Court. He began, then, to shape an argument which, as I say,... |
| 00:29:429 sec. |
Lamb, Brian - Host
: Do you have any idea how much both sides paid in legal costs to make their arguments all the way through the Supreme Court? |
| 00:29:5130 sec. |
Lewis, Anthony - Columnist
I really don't, but I think it was rather a modest sum by today's standards. It wasn't one of these colossal sums. Herbert Weschler was a professor... |
| 00:30:2142 sec. |
Lewis, Anthony - Columnist
I can give you a footnote. It's not in direct response but it's just a funny point. Roland Nachman, I mentioned, was Commissioner Sullivan's lawyer.... |
| 00:31:0310 sec. |
Lamb, Brian - Host
: After the Alabama Supreme Court finished with this case, how long was there between that point and when they petitioned the Supreme Court and got... |
| 00:31:1356 sec. |
Lewis, Anthony - Columnist
You are allowed -- you were then; I'm not sure of the rules today -- I think, 90 days to petition. Then the court, of course, in the bosom of time,... |
| 00:32:093 sec. |
Lamb, Brian - Host
: Were you in the courtroom when this case was argued? |
| 00:32:121 sec. |
Lewis, Anthony - Columnist
I was. |
| 00:32:131 sec. |
Lamb, Brian - Host
: Do you remember it? |
| 00:32:1431 sec. |
Lewis, Anthony - Columnist
I do. I wrote about it, and I've read my story since. I have to tell you with a certain chagrin, I have recently read my story not on the argument but... |
| 00:32:454 sec. |
Lamb, Brian - Host
: What do you remember about the day? What do you remember about the atmosphere in the court? |
| 00:32:491 min. |
Lewis, Anthony - Columnist
I don't have a memory of that. I have a memory of some other occasions in the Supreme Court, like when it decided the reapportionment decisions, holding... |
| 00:33:579 sec. |
Lamb, Brian - Host
: How did you find out the detail that Justice Brennan asked for, I believe, either Mr. Weschler or the other attorney to, "Speak up, I can't hear you." |
| 00:34:0647 sec. |
Lewis, Anthony - Columnist
The arguments of the court, beginning in the modern period -- I don't know exactly when, but maybe in the '50s -- were recorded on tape for the use... |
| 00:34:533 sec. |
Lamb, Brian - Host
: Did that make a difference in that classroom when they were able to hear that? |
| 00:34:561 min. |
Lewis, Anthony - Columnist
Yes. It's a very dramatic argument. I give some of it in the book. A very dramatic argument. The questions were very strong from the court. The court... |
| 00:36:159 sec. |
Lamb, Brian - Host
: Oral argument. You point out that the oral argument used to be an hour on each side and now it's only a half hour on each side. How come it changed? |
| 00:36:2425 sec. |
Lewis, Anthony - Columnist
Oh, maybe today's justices have less patience than yesterday's. In fact, of course, in the 19th century arguments used to go on all day or more than... |
| 00:36:495 sec. |
Lamb, Brian - Host
: Had Professor Weschler won this case even before he even got in the courtroom, in the briefs? |
| 00:36:549 sec. |
Lewis, Anthony - Columnist
I think so. A good question. I think his brief was a very compelling brief. It was a historical brief. Can I say why and go on a bit? |
| 00:37:032 sec. |
Lamb, Brian - Host
: Sure. |
| 00:37:051 min. |
Lewis, Anthony - Columnist
The problem for him in this case, the psychological problem which is very important with the court, was what I have mentioned -- that history was the... |
| 00:38:1146 sec. |
Lewis, Anthony - Columnist
They prosecuted the editors and the publishers of those newspapers before the presidential election of 1800. Tried to shut up the opposition. There... |
| 00:38:575 sec. |
Lamb, Brian - Host
: Of Thomas Jefferson and James Madison, which one was more important to us in history? |
| 00:39:0258 sec. |
Lewis, Anthony - Columnist
Oh, I suppose you can hardly say that Thomas Jefferson, who wrote the Declaration of Independence and was this very important president, was second... |
| 00:40:0013 sec. |
Lamb, Brian - Host
: When you talked about the Sedition Act you also brought up John Marshall. As I remember, John Marshall doesn't come out too well in history when it... |
| 00:40:1325 sec. |
Lewis, Anthony - Columnist
John Marshall was a Federalist. He was a candidate for Congress. He ran as a Federalist, and he naturally, inevitably, supported the Sedition Act or... |
| 00:40:385 sec. |
Lamb, Brian - Host
: When was the last time you got to sit in the Supreme Court and listen to an argument? |
| 00:40:4320 sec. |
Lewis, Anthony - Columnist
Oh, very recently. I used to take my class down every year. I've forgotten what the last argument I heard was, but within the last year or so. Certainly... |
| 00:41:0327 sec. |
Lamb, Brian - Host
: When you think about the comparison with Justices Goldberg and Brennan and Earl Warren and Hugo Black and Potter Stewart that were there then, compared... |
| 00:41:301 min. |
Lewis, Anthony - Columnist
Those are two really big questions, and I'll take your second one first. I think the present court has held quite securely -- not entirely, but really... |
| 00:42:3159 sec. |
Lewis, Anthony - Columnist
Now, as to your first, more general question about comparing the two courts, their ideologies, their sense of individual rights is obviously different,... |
| 00:43:3010 sec. |
Lamb, Brian - Host
: Are you different when you speak, like in a conversation like this, than when you sit and write your column -- not your book, but when you write your... |
| 00:43:4022 sec. |
Lewis, Anthony - Columnist
I suppose we all do. There's a lot more time to be discursive -- I'm pleading guilty to being discursive -- and maybe reflective in an hour's conversation... |
| 00:44:023 sec. |
Lamb, Brian - Host
: When do you know that you've written a column that matters? |
| 00:44:0560 sec. |
Lewis, Anthony - Columnist
I think it's both a necessary illusion and an inevitable delusion of columnists to think they are affecting the fate of the nation. We write to influence... |
| 00:45:057 sec. |
Lamb, Brian - Host
: Have you noticed any change over the years or today in how much people read columns and what they did 15 years ago? |
| 00:45:1257 sec. |
Lewis, Anthony - Columnist
I can't answer that it any statistical way. I think the reaction and the degree of emotion depends very much on the subject matter. By far the most... |
| 00:46:095 sec. |
Lamb, Brian - Host
: Books. You've had another book, "Gideon's Trumpet." What was that about? |
| 00:46:1412 sec. |
Lewis, Anthony - Columnist
Gideon's Trumpet was about the Supreme Court case that established the right of poor people to have lawyers provided for them when they're charged with... |
| 00:46:261 sec. |
Lamb, Brian - Host
: When did you write it? |
| 00:46:275 sec. |
Lewis, Anthony - Columnist
It was published in 1964. The decision was 1963. |
| 00:46:321 sec. |
Lamb, Brian - Host
: Can you still buy it? |
| 00:46:338 sec. |
Lewis, Anthony - Columnist
You can still buy it. I don't know about the corner bookstore, but it's in paperback and has been in print all these years and remains in print. |
| 00:46:413 sec. |
Lamb, Brian - Host
: What do people usually buy it for? Do they use it for teaching? |
| 00:46:449 sec. |
Lewis, Anthony - Columnist
Yes. It's very often given in courses at colleges and universities and even some high schools. Law school. |
| 00:46:536 sec. |
Lamb, Brian - Host
: I know the book hasn't been out that long, but what's the early reaction to "Make No Law," this book about the New York Times vs. Sullivan case? |
| 00:46:5926 sec. |
Lewis, Anthony - Columnist
I think if I were to have my wish it would be a long-run book like "Gideon's Trumpet" because my purpose in writing it was to express what I think are... |
| 00:47:2511 sec. |
Lamb, Brian - Host
: Who is outraged by what you think is so important? Is there anybody in our society who comes up to you and says, "Tony Lewis, I just totally disagree... |
| 00:47:3652 sec. |
Lewis, Anthony - Columnist
It hasn't happened yet. The lady who telephoned hasn't called me yet. No. Maybe I'm saying something I shouldn't, but I think freedom of speech is a... |
| 00:48:288 sec. |
Lamb, Brian - Host
: What kind of knowledge level have you found when you're talking to either the radio audience or call-in shows about New York Times vs. Sullivan? |
| 00:48:3628 sec. |
Lewis, Anthony - Columnist
Oh, I don't think people have any knowledge on the whole about a particular case, this or other cases, and I don't think they should be expected to.... |
| 00:49:0437 sec. |
Lewis, Anthony - Columnist
Very early on in its history in a letter to President Washington, the Court said, "We do not give abstract decisions. We only decide concrete, factual... |
| 00:49:4115 sec. |
Lamb, Brian - Host
: Go back now to the courtroom and the oral argument is over. Both sides had an hour back in 1964. The nine members of the Supreme Court made the decision... |
| 00:49:5645 sec. |
Lewis, Anthony - Columnist
The practice then was that on the Friday of each week of arguments, the members of the court at their weekly conference -- it was not every week but... |
| 00:50:4142 sec. |
Lewis, Anthony - Columnist
But the ground was not at all clear. There was a rather murky ground suggested, in fact, by Justice Brennan. That's the end of the discussion. Then... |
| 00:51:239 sec. |
Lamb, Brian - Host
: We get the impression today that there's no discussion in that conference, a back-and-forth argument about whether you're for or against a case. Is... |
| 00:51:321 min. |
Lewis, Anthony - Columnist
No, it's not completely true. It's not no discussion, but the amount of discussion is limited by the nature of reality. The court at that conference,... |
| 00:52:4711 sec. |
Lamb, Brian - Host
: People are going to have to buy your book to get all of the little details because we're about out of time. But that period there where Justice Brennan... |
| 00:52:5854 sec. |
Lewis, Anthony - Columnist
Justice Harlan was the most crucial and the most important, I think, from the point of view of the legitimacy, the weight, of the decision. He was the... |
| 00:53:522 sec. |
Lamb, Brian - Host
: Let me ask you, how do you know that? |
| 00:53:547 sec. |
Lewis, Anthony - Columnist
Because I have a copy of the note. That was one of the things in Justice Brennan's files that I saw. |
| 00:54:012 sec. |
Lamb, Brian - Host
: How do you know about a telephone conversation? |
| 00:54:034 sec. |
Lewis, Anthony - Columnist
That was in the law clerk's account of the case. |
| 00:54:073 sec. |
Lamb, Brian - Host
: Isn't it unusual to know these kind of little details? |
| 00:54:1016 sec. |
Lewis, Anthony - Columnist
Yes, it is, although nowadays, you know, fewer things are secret than used to be, I think. I myself have doubts about disclosure of matters that are... |
| 00:54:264 sec. |
Lamb, Brian - Host
: Justice Harlan was the grandson of another justice. |
| 00:54:303 sec. |
Lewis, Anthony - Columnist
Of the same name, John Marshall Harlan. |
| 00:54:334 sec. |
Lamb, Brian - Host
: Any other justice have a tough time going along with this decision? |
| 00:54:3734 sec. |
Lewis, Anthony - Columnist
Justice Tom Clark at one point wrote a very harsh -- much harsher than Justice Harlan -- a very, very harsh separate opinion in which he blasted Brennan's... |
| 00:55:112 sec. |
Lamb, Brian - Host
: Do you have another book in you? |
| 00:55:136 sec. |
Lewis, Anthony - Columnist
Not for the moment. I'm a little tired, shall we say. I'm just going to be satisfied with writing columns for a while. |
| 00:55:195 sec. |
Lamb, Brian - Host
: Is there another case that is as intriguing as New York Times vs. Sullivan for you right now? |
| 00:55:241 sec. |
Lewis, Anthony - Columnist
Not for me, no. |
| 00:55:254 sec. |
Lamb, Brian - Host
: What's the best thing somebody can tell you 10 years from now about this book? |
| 00:55:297 sec. |
Lewis, Anthony - Columnist
That it's lasted and that it's informed the American people about the precious value they have in the First Amendment. |
| 00:55:3612 sec. |
Lamb, Brian - Host
: Anthony Lewis, this is your book, "Make No Law: The Sullivan Case and the First Amendment." Anthony Lewis is a columnist for the New York Times, and... |
| 00:55:481 min. |
Lewis, Anthony - Columnist
It's been a great pleasure. |