It can sound trite if you just say citizens need to be educated for democracy to work, but for him it wasn't trite. It was really this strenuous challenge to citizens to use their moments of leisure, which he defined as time away from work, to collect the facts that were necessary for full democratic participation.
Jeffrey Rosen[Louis Brandeis] at the age of 57 decided to become the head of the American Zionist movement was more influential than anyone else in the 20th century in persuading Woodrow Wilson to recognize a Jewish homeland in Palestine.
Jeffrey RosenWilliam Howard Taft, who he embarrassed in these congressional hearings, attacks him as an emotionalist and a socialist and a cosmopolitan in terms that kind of have an anti-Semitic overtone. And even the pro-Brandeis press supported him in terms that really seem creepy today. There's this piece from Life magazine. It says, "Mr. Brandeis is a Jew. And until now there's never been a Jew on the Supreme Court. Perhaps it's time we have one."
Jeffrey RosenIt can sound trite if you just say citizens need to be educated for democracy to work, but for him it wasn't trite. It was really this strenuous challenge to citizens to use their moments of leisure, which he defined as time away from work, to collect the facts that were necessary for full democratic participation.
Jeffrey RosenBasically [Louise] Brandeis was a Jeffersonian. And you say the timing is great, and it is in a lot of senses, except not for [Tomas] Jefferson, because this is a Hamiltonian moment, and he's the rock star of the minute with a great musical.
Jeffrey RosenThe tyranny of Harvard and Yale is another thing that transcends this problem of the set point. But what's so striking about [Louis] Brandeis is he had this vision of cultural pluralism that completely gave the lie to the idea that there was any inconsistency between being Jewish or being a woman or being African American and being fully American.
Jeffrey RosenI don't think he would have had any trouble answering Justice Sonia Sotomayor's excellent challenge in a case involving GPS surveillance. She said we need an alternative to this whole way of thinking about the privacy now which says that when you give data to a third party, you have no expectations of privacy. And [Louis] Brandeis would have said nonsense, of course you have expectations of privacy because it's intellectual privacy that has to be protected. That's my attempt to channel him on some of those privacy questions.
Jeffrey Rosen