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
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
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.
Our Sponsors:
* Check out Avocado Green Mattress: https://avocadogreenmattress.com
Advertising Inquiries: https://redcircle.com/brands
Privacy & Opt-Out: https://redcircle.com/privacy
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
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
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 essay, “On the Waterfront,” appears in our December issue of the Nation.
Our Sponsors:
* Check out Avocado Green Mattress: https://avocadogreenmattress.com
Advertising Inquiries: https://redcircle.com/brands
Privacy & Opt-Out: https://redcircle.com/privacy
Search Results placeholder
Subscribe to The Nation to Support all of our podcasts
Disobey authoritarians, support The Nation
Over the past year you’ve read Nation writers like Elie Mystal, Kaveh Akbar, John Nichols, Joan Walsh, Bryce Covert, Dave Zirin, Jeet Heer, Michael T. Klare, Katha Pollitt, Amy Littlefield, Gregg Gonsalves, and Sasha Abramsky take on the Trump family’s corruption, set the record straight about Robert F. Kennedy Jr.’s catastrophic Make America Healthy Again movement, survey the fallout and human cost of the DOGE wrecking ball, anticipate the Supreme Court’s dangerous antidemocratic rulings, and amplify successful tactics of resistance on the streets and in Congress.
We publish these stories because when members of our communities are being abducted, household debt is climbing, and AI data centers are causing water and electricity shortages, we have a duty as journalists to do all we can to inform the public.
In 2026, our aim is to do more than ever before—but we need your support to make that happen.
Through December 31, a generous donor will match all donations up to $75,000. That means that your contribution will be doubled, dollar for dollar. If we hit the full match, we’ll be starting 2026 with $150,000 to invest in the stories that impact real people’s lives—the kinds of stories that billionaire-owned, corporate-backed outlets aren’t covering.
With your support, our team will publish major stories that the president and his allies won’t want you to read. We’ll cover the emerging military-tech industrial complex and matters of war, peace, and surveillance, as well as the affordability crisis, hunger, housing, healthcare, the environment, attacks on reproductive rights, and much more. At the same time, we’ll imagine alternatives to Trumpian rule and uplift efforts to create a better world, here and now.
While your gift has twice the impact, I’m asking you to support The Nation with a donation today. You’ll empower the journalists, editors, and fact-checkers best equipped to hold this authoritarian administration to account.
I hope you won’t miss this moment—donate to The Nation today.
Onward,
Katrina vanden Heuvel
Editor and publisher, The Nation
