Podcast / The Nation Podcast / Nov 24, 2025

The Story of One of the Most Important Free Speech Cases of All Time

Randall Kennedy talks to The Nation Podcast about the Angelo Herndon case.

The Nation Podcasts
The Nation Podcasts

Here's where to find podcasts from The Nation. Political talk without the boring parts, featuring the writers, activists and artists who shape the news, from a progressive perspective.

Angelo Herndon and the Radical Politics of Free Speech w/ Randall Kennedy | The Nation Podcast
byThe Nation Magazine

Angelo Herndon was a Black coal miner turned Communist activist who was repeatedly “arrested, convicted of vagrancy, and incarcerated” for his efforts to educate and mobilize workers. In 1932, he helped organize an interracial protest against a county decision to cut off relief for the poor. But it wasn’t simply the protest that led to his chain-gang sentence — it was Herndon’s possession and distribution of Communist literature, which authorities used to charge him with inciting insurrection.

Herndon’s prosecution, and the wrongful conviction that followed, ultimately gave rise to Herndon v. Lowry — one of the most important civil-rights and free-speech cases of the twentieth century.

Herndon is also the subject of a recent book: Brad Snyder’s You Can’t Kill a Man Because of the Books He Reads.

Joining us this episode of the Nation Podcast to discuss his review of Snyder’s book is Randall Kennedy, professor at Harvard Law School and author of Say It Loud: On Race, Law, History and Culture. You can find Randall’s review in our December issue of the Nation.

Advertising Inquiries: https://redcircle.com/brands

Privacy & Opt-Out: https://redcircle.com/privacy

Angelo Herndon.

Angelo Herndon.

(Bettmann via Getty Images)

Angelo Herndon was a Black coal miner turned Communist activist who was repeatedly “arrested, convicted of vagrancy, and incarcerated” for his efforts to educate and mobilize workers. In 1932, he helped organize an interracial protest against a county decision to cut off relief for the poor. But it wasn’t simply the protest that led to his chain-gang sentence—it was Herndon’s possession and distribution of Communist literature, which authorities used to charge him with inciting insurrection.

Herndon’s prosecution, and the wrongful conviction that followed, ultimately gave rise to Herndon v. Lowry—one of the most important civil rights and free speech cases of the 20th century.

Herndon is also the subject of a recent book: Brad Snyder’s& You Can’t Kill a Man Because of the Books He Reads.

Joining us this episode of The Nation Podcast to discuss his review of Snyder’s book is Randall Kennedy, professor at Harvard Law School and author of Say It Loud: On Race, Law, History and Culture. You can find Randall’s review in the December issue of The Nation.

Subscribe to The Nation to support all of our podcasts: thenation.com/subscribe.

The Nation Podcasts
The Nation Podcasts

Here's where to find podcasts from The Nation. Political talk without the boring parts, featuring the writers, activists and artists who shape the news, from a progressive perspective.

The Transformation of the New York Waterfront w/ Karrie Jacobs | The Nation Podcast
byThe Nation Magazine

In its heyday, the Bush Terminal industrial complex spanned several city blocks along Brooklyn’s waterfront and employed more than 35,000 people. Built by Irving Bush in the late nineteenth century, it was an "early intermodal shipping hub." Goods arrived by water and left by rail. Bananas, coffee, and cotton came in through doors on one side of the warehouses and were loaded onto trains on the other.

But after World War II, as trucks replaced rail and shipping patterns changed, the Terminal’s purpose faded and the vast complex slipped into disuse.

Today, Bush Terminal is again at the center of New York’s vision for urban reinvention— and a debate around development, displacement, and the future of work in the city.

Joining us on a deep dive into Bush Terminal is veteran architecture critic and writer Karrie Jacobs. Her essayOn the Waterfront,” appears in our December issue of the Nation.

Advertising Inquiries: https://redcircle.com/brands

Privacy & Opt-Out: https://redcircle.com/privacy

Subscribe to The Nation to Support all of our podcasts

D.D. Guttenplan

D.D. Guttenplan is a special correspondent for The Nation and the former host of The Nation Podcast. He served as editor of the magazine from 2019 to 2025 and, prior to that, as an editor at large and London correspondent. His books include American Radical: The Life and Times of I.F. Stone, The Nation: A Biography, and The Next Republic: The Rise of a New Radical Majority.

Randall Kennedy

Randall Kennedy is the Michael R. Klein Professor of Law at Harvard Law School and the author of the forthcoming Say It Loud!: On Race, Law, History, and Culture.

More from The Nation

An AI-generated video of London in decline, shared on the social media site X.

Take a Break From the Feed—With Amanda Mull Take a Break From the Feed—With Amanda Mull

Paris Marx talks with Amanda Mull to discuss the effects of constantly “monitoring the situation,” including spiking anxiety and disconnection, and what can be done to recalibrate...

Paris Marx

Protesting the World Cup (and a Cinematic Easter Egg)

Protesting the World Cup (and a Cinematic Easter Egg) Protesting the World Cup (and a Cinematic Easter Egg)

Daniel Noroña and Ajamu Baraka join Edge of Sports to discuss practicing dissent in the face of the upcoming World Cup, and we have a bonus movie conversation.

Dave Zirin

International Olympic Committee IOC President Kirsty Coventry is pictured during the closing ceremony of the Milan-Cortina 2026 Olympic Winter Games at Verona Olympic Arena in Verona, Italy, Feb. 22, 2026.

Emergency Pod: IOC Ruling on Banning Trans Athletes Emergency Pod: IOC Ruling on Banning Trans Athletes

Trailblazing former pro hockey player Harrison Browne joins Edge of Sports to talk about the recent IOC ruling.

Dave Zirin

A'ja Wilson #22 of the Las Vegas Aces poses as she rides on top of a bus during the Las Vegas Aces WNBA championship victory parade and rally on Las Vegas Boulevard on October 17, 2025 in Las Vegas, Nevada.

The WNBA Union Scores a Win, and Iftar With Mayor Mamdani The WNBA Union Scores a Win, and Iftar With Mayor Mamdani

Maya Goldberg-Safir joins Edge of Sports to talk about the new WNBA deal, and we discuss Mohamed Diawara spending Iftar with Zohran Mamdani.

Dave Zirin

A scene from

In Conversation: “The Battle of Algiers” and “Gung Ho” In Conversation: “The Battle of Algiers” and “Gung Ho”

Arya Shirazi joins Edge of Sports to discuss two films about revolution and resistance.

Dave Zirin

Senator Martin Heinrich, a Democrat from New Mexico, left, and Senate majority leader Chuck Schumer, a Democrat from New York, during a news conference at the US Capitol in Washington, DC, on Wednesday, May 15, 2024.

The Left Doesn’t Hate Technology—With Gita Jackson The Left Doesn’t Hate Technology—With Gita Jackson

Paris Marx is joined by Gita Jackson to discuss why the left’s hatred of AI is justified and why a different approach to technology is necessary.

Podcast / Tech Won't Save Us

x