Say It Loud!: On Race, Law, History, and Culture

by Randall Kennedy

In a magnum opus that spans two decades, Harvard Law School professor Randall Ken­nedy, one of our preeminent legal scholars and public intellectuals, gives us twenty-nine provocative essays--some previously published, others written for this occasion--that explore key social justice issues of our time.

Informed by sharpness of observation and often courting controversy, deep fellow feeling, decency, and wit, Say It Loud! includes:

Shall We Overcome? Optimism and Pessimism in African American Racial Thought
Derrick Bell and Me
The George Floyd Moment: Promise and Peril
Isabel Wilkerson, the Election of 2020, and Racial Caste
The Princeton Ultimatum: Anti­racism Gone Awry
How Black Students Brought the Constitution to Campus
Race and the Politics of Memorialization
The Politics of Black Respectability
Why Clar­ence Thomas Ought to Be Ostracized
The Politics of Black Respectability
Policing Ra­cial Solidarity
Say It Loud! On Race, Law, History, and Culture

In each essay, Kennedy is mindful of com­plexity, ambivalence, and paradox, and he is always stirring and enlightening. Say It Loud! is a wide-ranging summa of Randall Kennedy's thought on the realities and imaginaries of race in America.

Genres: Nonfiction, History, Race, Essays, Politics, Sociology, Audiobook

528 pages, Hardcover

First published September 1, 2021

Reviews

[Vanessa (V.C.) · Rating 3 out of 5]

Admittedly, I went into this book with far different expectations than I should have, in that since the title of the book references the James Brown song "Say It Loud, I'm Black and I'm Proud," that it would be a spirited, accessible, punch-y read about the civil rights movement, but instead it was so much more. It covers The George Floyd Movement, the 2020 Election, Racial Caste, Birtherism, the N-word, Frederick Douglass, Thurgood Marshall, Black Respectability, and so many other topics and in such thought-provoking and even sometimes daring and controversial ways. As other reviewers have already noted, Say It Loud is written by a law professor, and it definitely reads like one. It doesn't feel like it was written for people outside of his classroom and his profession. It really does read like it was really more for law students, fellow law professors, and lawyers than the average reader who's none of those things. It's readable and accessible, though, probably more (and intentionally) so than what you would read in law school, but it does suffer from feeling like its a chore to read or like this was meant to be a textbook for law students so it's like you're reading someone else's homework, which isn't always that fun. It's touch-and-go in that regard though, some essays you can power through because it was so insightful, interesting, and well-written, and then others there's that lawyerly distance going on that stops you at your tracks, and being how inconsistent it is, reading Say It Loud can sometimes feel uneven and tedious. This, however, does not take away from this book being an important text! It's just not one that may be suited for everyone's taste, but there's plenty to take-away from it that makes this work worth it.

[Elizabeth Hambourger · Rating 4 out of 5]

Very engaging and thoughtful. He writes the truth, not what he thinks people need to hear, and I don’t always agree with his interpretation of the truth, but I find this approach hugely refreshing versus much writing about race. He’s not afraid of complexity or of coming off like a moderate by acknowledging the value of multiple points in view. Plus, I learned a lot of history.

[Christy · Rating 5 out of 5]

It is hard for me to review a book like this, which I received through a Goodreads giveaway, because it is clearly written by a law professor and I don’t know how much it will appeal to a wider audience. I am a lawyer who enjoys digging into the details — which judges authored which cases, how decisions compare to one another, changing interpretations of constitutional amendments, etc. I thoroughly enjoyed reading this book, learned a lot, greatly appreciate Professor Kennedy’s willingness to share his personal experiences as a Black man who has been at the top of his profession for decades, and hope that the book generates dialog on some of the topics (for example, I would love to see a response to the last essay, which is highly critical of the police abolition movement, by a law professor who supports abolition). The essays do a good job of relating historical events and cases to current issues. I would definitely recommend this book to people who enjoy reading about legal history and social justice. The essays are more accessible than most law review articles.

[wordsandcyphers · Rating 4 out of 5]

Say it Loud by law professor, Randall Kennedy is a collection of essays on African American racial thought on our place in American society. The question of if Black people are true citizens and belong maybe the underlying question.

"Within the Diverse, always-changing spectrum of Black American racial thought can be discerned two broad camps: the optimist and the pessimists-those who believe that blacks are members of the American family and those who believe that blacks will always be outsiders; those who predict that we shall overcome and those who conclude that we shall not"

I feel that this explains our current fight for Democracy and our right to vote and those individuals who feel black and brown people are not deserving of this natural inheritance. Randall Kennedy tries his best at conveying his optimism, but with myself everyday becomes a struggle to see through rose colored glasses.

I enjoyed these essays especially Derrick Bell and Me and his honesty about their strained relationship, as well as other essays such as Frederick Douglas Everyone's Hero and Isabel Wilkerson, the Election of 2020 and Racial Caste.

The fight for racial and social justice takes all of us to stay the course in order for us to see it bear fruit. The essays were interesting and insightful with alot of historical context to help put these thoughts into perspective. This book is a great resource for those in academia and individuals interested in race in America.

Thank you Netgalley for this e-arc and Penguin Random House for the hard copy.

Pub Date: September 7, 2021

[Matt Bender · Rating 4 out of 5]

This is a well-written collection of essays that updates some of Kennedy’s popular articles. The essays are a mix of op-eds on society, race, and rights; essays about public figures including Thurgood Marshall who Kennedy is clerked for, and book reviews like about Eric Foner’s work.

The essay collection covers long-standing issues and recent events. Kennedy essay collection is balanced and analytical— Kennedy lays out plenty of evidence for his opinions which tend toward centrist and practical. The essays are not conversational in the way a book edited by Jeffrey Rosen or Slate jurisprudence article can be, but it is not at all an academic book either. The essays are thoughtful and have the tone (as far as audience and accessibility) of something along the lines of an Atlantic piece.

[Chris · Rating 5 out of 5]

An excellent and incredibly thoughtful and thought provoking collection of essays on race, history, law, and politics. Kennedy willingly confronts all of the most controversial topics and explains and analyzes them in an enlightening and fascinating manner. It's a great book for anyone who cares about issues of race but nonetheless has a variety of questions that you can't normally ask. Beware though that it is legal heavy, as Kennedy is a Harvard Law Professor.

[Brandy]

I can see me picking this up and reading a chapter here and there over a very long period of time. But it is far too academic for me and reads like a textbook.

[Ma'Belle · Rating 5 out of 5]

The main thing to know about this book is that its scope is VASTLY ambitious. You don't necessarily need to read the chapters all in order, as each of them is an essay on a particular subject, and there are many subjects.

I had never heard of Randall Kennedy, but of all the anti-racism texts being published currently, which I see as I shelve New Featured titles at the library, this one caught my eye (and happened to have an audiobook version, though that is not yet listed on Goodreads).

If this book was presented as a series of hour-long weekly lectures, it would take 20 weeks. The material combines teaching many historical facts with the personal opinions of a very intelligent 67-year-old legal scholar, currently teaching as a Professor at Harvard.

Some random notes and takeaways:

- Kennedy uses (coins?) the term "pigmentocracy" throughout the book, and I find it to be very apt in describing the conditions in the U.S.

- He applauds the majority of the protests of 2020 in the Movement for Black Lives, but completely derides all of the instances of arson, opportunistic theft, etc. He is dismissive of police abolitionists, but doesn't get into that until the final minutes of the book. Even then, I found his arguments to be lacking on that particular subject, though I appreciate his critiques of abolitionists of prisons and police.

- Samuel Johnson said “People need to be reminded more often than they need to be instructed.” in reference to Caste and Americans’ short memory of our divisions

- In 2018 4500 people in the U.S. were arrested and prosecuted for aiding refugees fleeing their country. Draws parallels between freeing and aiding former slaves, and hopes that soon those who do that dangerous work will be viewed as heroes as Harriett Tubman et al are now.

- In response to the many significant exemptions and lack of disavowing slavery in the Emancipation Proclamation, the London Observer described the Proclamation as saying “not that a human being cannot justly own another, but that he cannot own him unless he is loyal to the United States.”

- Brown, as in Brown v. The Board of Education, was weaksauce, as were the 13th and 14th amendments.

[Catherine Woodman · Rating 4 out of 5]

This is a tough read. The author makes clear, over and over again, in the 29 essays collected here, by implication or sometimes by stating it, that he is not optimistic about race relations. He spends a lot of time here pointing out where people are wrong in their things, all the while carving out a middle road between left- and right-wing political positions that non-extremists could comfortably accept. He recognizes the persistent racial injustice in America and criticizes a conservative Supreme Court for crippling some of our social advancements. Yet he does not follow liberals in their calls to abolish the police, denounce all references and statues of past racists on campuses or penalize instructors who enunciate “nigger” for pedagogical purposes. He correctly notes that there is a “double sidedness of policing” — Black people in this country are paradoxically both over- and under-policed. He has a whole a chapter devoted to the topic of black pride —which he argues is problematic because one should not feel pride in something one inherits. Just as it is inappropriate for the rich to feel pride in their inherited wealth, so too is it inappropriate for anyone to feel pride in their inherited race. Personal achievement, he posits, is the correct token for pride.
And personal achievement he has in excess--what isn't to be found is any ray of hope that there might be a way out of this, that we might find a path.

[William Wallace · Rating 4 out of 5]

For a history nerd or avid aspiring intellectual, Kennedy’s work is excellent. He applies a forensic lens to commonplace names (Frederick Douglas, Brown v Board, MLK, etc.), adding a layer of history and analysis you didn’t expect but eventually come to crave. He also brings into the zeitgeist lesser-known names / figures who deserve scrutiny and attention.

Some peg Kennedy as a conservative (at least my dad off-handedly did), Google’s Gemini (after I queried it to explain Kennedy’s political leaning) claimed that the author remains notoriously difficult to put within the Red / Blue dichotomy which Americans recognize. After reading, Kennedy’s politics remain unclear but his argument style at least elicits his commitment to thoroughness and basic morality. Many essays display his tendency to rip into [a traditional issue’s] both sides and point out inconsistencies, unaccounted for externalities, or plain logical incongruence. Often he lands with the side that is the most logically sound, usually removing emotion from the conversation (one would hope for an endowed Law school professor).

I read the book mostly in full (skipped 2 of 26+ essays) but recommend skipping between essays as you please, with particular attention given to the essays on Derrick Bell, the N-word, Racial Promised Land, Thurgood Marshall, and in general the first half of the book. The second half is great for law nerds but can read rather densely.

High recommend!

[Courtney · Rating 4 out of 5]

Say It Loud is a provocative look at intersections between Race, Law, History and Culture. Not for the faint of heart, Kennedy tackles difficult issues concerning race with thoughtfulness and gravity and utilizes his legal background to artfully argue his positions. Nonetheless, he also uses his teaching background to leave the discussions open the reader.

A natural leftist, Kennedy even argues points some may consider conservative -- such as the ability of college professors to use certain forbidden words in their lectures. Unlike others who argue these points, he goes into painstaking detail in his attempt to convince the reader. Avoiding hyperbole while trying to understand both sides of the issue.

From his relationship to critical race scholar Derrick Bell to speech on college campuses to the issue of what are commonly deemed "Uncle Toms" in the black community, he deals with each issue with a nuance that is rare in today's political climate.

Some of the essays toward the end, I admit, seem a little bit dry and uninteresting at points but the vast majority of this book is insanely insightful. I highly recommend this to anyone who wants to dive deeply into issues of race no matter what end of the spectrum you are on.

[Trent · Rating 4 out of 5]

This collection of essays covers a various important issues concerning race and Black freedom. While several essays read more like opinion pieces, many of the essays are a helpful and succinct history lesson of prominent events or people involved in the furtherance of Black rights and equality, particularly in the legal profession during the Civil Rights Movement. Portions of the book are heavy on the legal side, while other essays concern more societal issues.


The biggest critique of this book is that Professor Kennedy continually attacks the works, books, articles, and opinions of others. He identifies 1-2 sentences/pages of a 400 page book to discredit the authors or undermine their work. Yet, Kennedy offers very few concrete positions on the themes he addresses in his book. His noncommittal approach demonstrates an openness and appreciation to nuances of various issues, but it often resembles the law professor “it depends” commonplace answer and is insufficient given his critiques of his contemporaries and colleagues.

Some of Kennedy’s work, especially as it relates to the players in the Civil Rights Movement, is bias, cherry-picked, and incomplete. Despite these various shortcomings, Kennedy’s work is thought-provoking, informative, educational, and timely.

[Susan · Rating 5 out of 5]

"On race, law, history and culture". I don't usually say this about non-fiction, especially of this dense type, but I found this a real page turner. Partly because of the author's style - some essays previously published and others new for this book - and partly because it introduced me to many who helped advance the cause of racial equity in this country. Not always successfully, but they laid the building blocks for what achievements have been made. I learned so much that I'll really need to go back and restudy parts that didn't sink in the first time. And, the author manages to combine readability with a scholarly background.

[chels marieantoinette]

Admittedly, I’d never heard of a lot of this stuff. As what the author calls a “woke” white person, I was irritated with myself for being so ill-informed, but I found this book to be incredibly interesting. I liked the way the author integrated history with law cases. I’m no lawyer, but I still really enjoyed this book and I’d recommend it to anyone looking for an education on racial issues in America.

[George · Rating 5 out of 5]

Randall Kennedy is a professor at Harvard Law School who had been a law clerk to Justice Thurgood Marshall. His essays on race, law, history and culture are thoughtful and deep. This is a scholarly work which reviews the history of race relations and refers to a vast array of writings as background to Professor Kennedy's conclusions. I was particularly taken with an essay entitled "Why Clarence Thomas Ought to bbe Ostracized." This book is an educational experience.

[Kelly {SpaceOnTheBookcase] · Rating 5 out of 5]

If you're looking for a well thought out book covering the timeline of race, law, history and culture in America then look no forward than Say It Loud! Written by Harvard Law Professor Randall Kennedy, this book looks at every issue through a hyper specific lens. Kennedy does an excellent job at pulling pieces together and offering well rounded opinions based in fact, his experiences and our laws.

Thank you Pantheon for gifting me a copy to review.

[Joseph Stieb · Rating 5 out of 5]

Outstanding set of essays. RK provides a model on how to critique books, intellectuals, social issues, etc. I agreed with almost everything he wrote in here. I think we are both strong liberals who care deeply about ideas and careful attention to legal and historical detail. His reflections on Derrick Bell and Thurgood Marshall were especially engrossing. And for an essay volume, there wasn't too much overlap.

[Joel Wentz · Rating 4 out of 5]

An excellent and wide-ranging collection of sharp essays from Randall Kennedy. Could have used a bit of tighter editing, and a few essays should have been totally cut, but otherwise a very excellent book and a much-needed perspective on a bunch of polarizing topics.

See full video review here: https://youtu.be/guJtdbXqK_w

[Sophia · Rating 5 out of 5]

I haven't read this in hard copy/in order, but I have read all of the essays at least once if not several times because I helped Professor Kennedy edit the manuscript as a 2L. I love reading his writing and I respect him tremendously - maybe I'm biased, but I find every story and opinion of his fascinating.

[Relena_reads · Rating 4 out of 5]

Sometimes the shift between essays was abrupt, but this was better curated than a lot of similar texts. It was also surprisingly non-repetitive (always a danger in a collection of previously published work). While Kennedy sometimes goes to pains to ensure we understand he's a woke-moderate, his willingness to apologize and revisit positions was refreshing.

[Kelly Lovett · Rating 4 out of 5]

Interesting if a bit disjointed. A series of essays on race, law, and some key figures in the history of each, some of whom are very well known and some who were new to me. Though left of center, a more conservative voice on race and what antiracism and equity should look like than I usually read.

[Javelle · Rating 4 out of 5]

Great book, that touched some Great American history points and moments. I feel as though it was a little too Legal/Law focused for me. However, I do look forward to reading more and more Randall Kennedy books/writings.

[Andréa]

Note: I accessed a digital review copy of this book through Edelweiss.

[Val]

Only read part of it. Author is a lawyer and that comes through. It felt like he took positions for the sake of debate.

[Dion · Rating 3 out of 5]

Surprisingly readable despite reviews saying how technical it was. I particularly enjoyed the mini biographies of Thurgood Marshall, Malcolm X and others.

[Sherry · Rating 4 out of 5]

As a lawyer and librarian, I really enjoyed this collection of essays. Working on a review.

[Julia · Rating 5 out of 5]

Must read! I thought some chapters were somewhat introductory while others covered new research I hadn't encountered. Each chapter can be read on its own in any particular order.

[Staci · Rating 5 out of 5]

Whether one agrees, disagrees or finds a middle ground with all of the essays in this book, Kennedy has accomplished a feat of deep, nuanced thought we would all be better off emulating.

[AJ · Rating 5 out of 5]

Absolutely fantastic collection of essays. Challenging, thought provoking. I learned so much.

[Becket]

Only read a few of the essays but they were good