A Forbes Best Higher Education Book of the Year

From renowned legal scholar Cass R. Sunstein, a concise, case-by-case guide to resolving free-speech dilemmas at colleges and universities.

Free speech is indispensable on college campuses: allowing varied views and frank exchanges of opinion is a core component of the educational enterprise and the pursuit of truth. But free speech does not mean a free-for-all. The First Amendment prohibits abridging the freedom of speech, yet laws against perjury or bribery, for example, are still constitutional. In the same way, valuing freedom of speech does not stop a university from regulating speech when doing so is necessary for its educational mission. So where is the dividing line? How can we distinguish reasonable restrictions from impermissible infringement?

In this pragmatic, no-nonsense explainer, Cass Sunstein takes us through a wide range of scenarios involving students, professors, and administrators. He discusses why it's consistent with the First Amendment to punish students who shout down a speaker, but not those who chant offensive slogans; why a professor cannot be fired for writing a politically charged op-ed, yet a university might legitimately consider an applicant's political views when deciding whether to hire her. He explains why private universities are not legally bound by the First Amendment yet should, in most cases, look to follow it. And he addresses the thorny question of whether a university should officially take sides on public issues or deliberately keep the institution outside the fray.

At a time when universities are assailed on free-speech grounds from both left and right, Campus Free Speech: A Pocket Guide is an indispensable resource for cutting through the noise and understanding the key issues animating the debates.

If you're injuring someone, you should stop--and pay for the damage you've caused. Why, this book asks, does this simple proposition, generally accepted, not apply to climate change? In Climate Justice, a bracing challenge to status-quo thinking on the ethics of climate change, renowned author and legal scholar Cass Sunstein clearly frames what's at stake and lays out the moral imperative: When it comes to climate change, everyone must be counted equally, regardless of when they live or where they live--which means that wealthy nations, which have disproportionately benefited from greenhouse gas emissions, are obliged to help future generations and people in poor nations that are particularly vulnerable.

Invoking principles of corrective justice and distributive justice, Sunstein argues that rich countries should pay for the harms that they have caused and that all of us are obliged to take steps to protect future generations from serious climate-related damage. He shows how choice engines, informed by artificial intelligence, can enable people to save money and to reduce the harms they produce. The book casts new light on the social cost of carbon, the most important number in climate change debates--and explains how intergenerational neutrality and international neutrality can help all nations, above all the United States and China, do what must be done.

Fame is like lightning. Taylor Swift, Bob Dylan, Leonardo da Vinci, Jane Austen, Oprah Winfrey--all of them were struck. Why? What if they hadn't been?

Consider the most famous music group in history. What would the world be like if the Beatles never existed? This was the question posed by the playful, thought-provoking, 2019 film Yesterday, in which a young, completely unknown singer starts performing Beatles hits to a world that has never heard them. Would the Fab Four's songs be as phenomenally popular as they are in our own Beatle-infused world? The movie asserts that they would, but is that true? Was the success of the Beatles inevitable due to their amazing, matchless talent?

Maybe. It's hard to imagine our world without its stars, icons, and celebrities. They are part of our culture and history, seeming permanent and preordained. But as Harvard law professor (and passionate Beatles fan) Cass Sunstein shows in this startling book, that is far from the case. Focusing on both famous and forgotten (or simply overlooked) artists and luminaries in music, literature, business, science, politics, and other fields, he explores why some individuals become famous and others don't and offers a new understanding of the roles played by greatness, luck, and contingency in the achievement of fame.

Sunstein examines recent research on informational cascades, network effects, and group polarization to probe the question of how people become famous. He explores what ends up in the history books and in the literary canon and how that changes radically over time. He delves into the rich and entertaining stories of a diverse cast of famous characters, from John Keats, William Blake, and Jane Austen to Bob Dylan, Ayn Rand, and Stan Lee--as well as John, Paul, George, and Ringo.

How to Become Famous takes you on a fun, captivating, and at times profound journey that will forever change your perspective on the latest celebrity's fifteen minutes of fame and on what vaults some to the top--and leaves others in the dust.

From New York Times bestselling author Cass Sunstein, a timely and powerful argument for rethinking how the U.S. Constitution is interpreted

The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today--about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution--and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason.

But some Supreme Court justices are committed to originalism, arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn't contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects--what it does to our rights and our institutions. It must respect those rights and institutions--and safeguard the conditions for democracy itself.

Passionate and compelling, How to Interpret the Constitution is essential reading for anyone who is concerned about how the Supreme Court is changing the rights and lives of Americans today.

What makes Trump immune is that he is not a president within the context of a healthy Republican government. He is a cult leader of a movement that has taken over a political party - and he specifically campaigned on a platform of one-man rule. This fact permeates Can It Happen Here? . . . which concludes, if you read between the lines, that it already has. - New York Times Book Review

From New York Times bestselling author Cass R. Sunstein, a compelling collection of essays by the brightest minds in America on authoritarianism.

With the election of Donald J. Trump, many people on both the left and right feared that America's 240-year-old grand experiment in democracy was coming to an end, and that Sinclair Lewis' satirical novel, It Can't Happen Here, written during the dark days of the 1930s, could finally be coming true. Is the democratic freedom that the United States symbolizes really secure? Can authoritarianism happen in America?

Acclaimed legal scholar, Harvard Professor, and New York Times bestselling author Cass R. Sunstein queried a number of the nation's leading thinkers. In this thought-provoking collection of essays, these distinguished thinkers and theorists explore the lessons of history, how democracies crumble, how propaganda works, and the role of the media, courts, elections, and fake news in the modern political landscape--and what the future of the United States may hold.

Contributors include:

• Martha Minow, dean of Harvard Law School
• Eric Posner, law professor at the University of Chicago Law School
• Tyler Cowen, economics professor at George Mason University
• Timur Kuran, economics and political science professor at Duke University
• Noah Feldman, professor of law at Harvard Law School
• Jonathan Haidt, social psychologist and Professor of Ethical Leadership at New York University's Stern School of Business
• Jack Goldsmith, Professor at Harvard Law School, Senior Fellow at the Hoover Institution, and co-founder of Lawfare
• Stephen Holmes, Professor of Law at New York University
• Jon Elster, Professor of the Social Sciences at Columbia University
• Thomas Ginsburg, Professor of International Law and Professor of Political Science at the University of Chicago and a member of the American Academy of Arts and Sciences
• Cass R. Sunstein, Robert Walmsley University Professor, Harvard University
• Duncan Watts, sociologist and principal researcher at Microsoft Research
• Geoffrey R. Stone, University of Chicago Law school professor and noted First Amendment scholar

From the New York Times bestselling author of Nudge and The World According to Star Wars, a revealing account of how today's Internet threatens democracy-and what can be done about it

As the Internet grows more sophisticated, it is creating new threats to democracy. Social media companies such as Facebook can sort us ever more efficiently into groups of the like-minded, creating echo chambers that amplify our views. It's no accident that on some occasions, people of different political views cannot even understand one another. It's also no surprise that terrorist groups have been able to exploit social media to deadly effect. Welcome to the age of #Republic.

In this revealing book, New York Times bestselling author Cass Sunstein shows how today's Internet is driving political fragmentation, polarization, and even extremism--and what can be done about it. He proposes practical and legal changes to make the Internet friendlier to democratic deliberation, showing that #Republic need not be an ironic term. Rather, it can be a rallying cry for the kind of democracy that citizens of diverse societies need most.

Bestselling author Cass R. Sunstein reveals the appeal and the danger of conformity

We live in an era of tribalism, polarization, and intense social division--separating people along lines of religion, political conviction, race, ethnicity, and sometimes gender. How did this happen? In Conformity, Cass R. Sunstein argues that the key to making sense of living in this fractured world lies in understanding the idea of conformity--what it is and how it works--as well as the countervailing force of dissent.

An understanding of conformity sheds new light on many issues confronting us today: the role of social media, the rise of fake news, the growth of authoritarianism, the success of Donald Trump, the functions of free speech, debates over immigration and the Supreme Court, and much more.

Lacking information of our own and seeking the good opinion of others, we often follow the crowd, but Sunstein shows that when individuals suppress their own instincts about what is true and what is right, it can lead to significant social harm. While dissenters tend to be seen as selfish individualists, dissent is actually an important means of correcting the natural human tendency toward conformity and has enormous social benefits in reducing extremism, encouraging critical thinking, and protecting freedom itself.

Sunstein concludes that while much of the time it is in the individual's interest to follow the crowd, it is in the social interest for individuals to say and do what they think is best. A well-functioning democracy depends on it.

Never in history have 1,322 words held out such extraordinary determination to be free as those found in the Declaration of Independence. In 1787, We the people were the three words that not only engendered a new and cohesive nation; they went on to change the face of the world as well. In 1791, the first ten Amendments to the Constitution of the United States of America, known to us as the Bill of Rights introduced the world to the concept of those singular rights that ought to belong to every free individual.

In one compact volume, the full texts of both the Declaration of Independence and the Constitution of the United States of America with all ratified twenty-seven Amendments to the Constitution are side by side--along with another of America's seminal documents, Thomas Jefferson's Virginia Statute for Religious Freedom, an additional world-changing statement that codified for the first time that one cannot be required by law to support or prefer any belief or be punished for those one does profess--and the basis for what we have come to know as the wall of separation between church and state.

Who we are and what we are free to be as citizens of the United States of America is contained between these covers. Cass R. Sunstein prefaces the volume with a succinct history and interpretation of the place and meaning of both the Declaration and the Constitution in American life. Enhanced by an index and suggestions for further reading, this volume, small in size but overwhelming in the impact of its contents, belongs in the home of every citizen of the United States.

How does social change happen? When do social movements take off? Sexual harassment was once something that women had to endure; now a movement has risen up against it. White nationalist sentiments, on the other hand, were largely kept out of mainstream discourse; now there is no shortage of media outlets for them. In this book, with the help of behavioral economics, psychology, and other fields, Cass Sunstein casts a bright new light on how change happens.

Sunstein focuses on the crucial role of social norms--and on their frequent collapse. When norms lead people to silence themselves, even an unpopular status quo can persist. Then one day, someone challenges the norm--a child who exclaims that the emperor has no clothes; a woman who says me too. Sometimes suppressed outrage is unleashed, and long-standing practices fall.

Sometimes change is more gradual, as nudges help produce new and different decisions--apps that count calories; texted reminders of deadlines; automatic enrollment in green energy or pension plans. Sunstein explores what kinds of nudges are effective and shows why nudges sometimes give way to bans and mandates. Finally, he considers social divisions, social cascades, and partyism, when identification with a political party creates a strong bias against all members of an opposing party--which can both fuel and block social change.

Lying has been with us from time immemorial. Yet today is different-and in many respects worse. All over the world, people are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 is a hoax. They are claiming that vaccines cause autism. They are lying about public officials and about people who aspire to high office. They are lying about their friends and neighbors. They are trying to sell products on the basis of untruths. Unfriendly governments, including Russia, are circulating lies in order to destabilize other nations, including the United Kingdom and the United States. In the face of those problems, the renowned legal scholar Cass Sunstein probes the fundamental question of how we can deter lies while also protecting freedom of speech.

To be sure, we cannot eliminate lying, nor should we try to do so. Sunstein shows why free societies must generally allow falsehoods and lies, which cannot and should not be excised from democratic debate. A main reason is that we cannot trust governments to make unbiased judgments about what counts as fake news. However, governments should have the power to regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein also suggests that private institutions, such as Facebook and Twitter, have a great deal of room to stop the spread of falsehoods, and they should be exercising their authority far more than they are now doing. As Sunstein contends, we are allowing far too many lies, including those that both threaten public health and undermine the foundations of democracy itself.

From New York Times bestselling author Cass Sunstein, a brisk, provocative book that shows what freedom really means--and requires--today

In this pathbreaking book, New York Times bestselling author Cass Sunstein asks us to rethink freedom. He shows that freedom of choice isn't nearly enough. To be free, we must also be able to navigate life. People often need something like a GPS device to help them get where they want to go--whether the issue involves health, money, jobs, children, or relationships.

In both rich and poor countries, citizens often have no idea how to get to their desired destination. That is why they are unfree. People also face serious problems of self-control, as many of them make decisions today that can make their lives worse tomorrow. And in some cases, we would be just as happy with other choices, whether a different partner, career, or place to live--which raises the difficult question of which outcome best promotes our well-being.

Accessible and lively, and drawing on perspectives from the humanities, religion, and the arts, as well as social science and the law, On Freedom explores a crucial dimension of the human condition that philosophers and economists have long missed--and shows what it would take to make freedom real.

Based on a series of pathbreaking lectures given at Yale University in 2012, this powerful, thought-provoking work by national best-selling author Cass R. Sunstein combines legal theory with behavioral economics to make a fresh argument about the legitimate scope of government, bearing on obesity, smoking, distracted driving, health care, food safety, and other highly volatile, high-profile public issues. Behavioral economists have established that people often make decisions that run counter to their best interests--producing what Sunstein describes as behavioral market failures. Sometimes we disregard the long term; sometimes we are unrealistically optimistic; sometimes we do not see what is in front of us. With this evidence in mind, Sunstein argues for a new form of paternalism, one that protects people against serious errors but also recognizes the risk of government overreaching and usually preserves freedom of choice.

Against those who reject paternalism of any kind, Sunstein shows that choice architecture--government-imposed structures that affect our choices--is inevitable, and hence that a form of paternalism cannot be avoided. He urges that there are profoundly moral reasons to ensure that choice architecture is helpful rather than harmful--and that it makes people's lives better and longer.

A provocative examination of social constructs and those who would alternately undo or improve them.--Kirkus Reviews

This sharp and engaging book by leading governmental scholar Cass R. Sunstein examines dramatically shifting understandings of what's normal--and how those shifts account for the feminist movement, the civil rights movement, the rise of Adolf Hitler, the founding itself, political correctness, the rise of gun rights, the response to COVID-19, and changing understandings of liberty. Prevailing norms include the principle of equal dignity, the idea of not treating the press as an enemy of the people, and the social unacceptability of open expressions of racial discrimination. But norms can turn upside-down in a hurry. What people tolerate, and what they abhor, depends on what else they are seeing. Exploring Nazism, #MeToo, the work of Alexander Hamilton and James Madison, constitutional amendments, pandemics, and the influence of Ayn Rand, Sunstein reveals how norms change, and ultimately determine the shape of society and government in the United States, Europe, and elsewhere.

NEW YORK TIMES BESTSELLER

FULLY REVISED & UPDATED, WITH A NEW EPILOGUE

Delightful.--The Economist

There's Santa Claus, Shakespeare, Mickey Mouse, the Bible, and then there's Star Wars. Nothing quite compares to sitting down with a young child and hearing the sound of John Williams's score as those beloved golden letters fill the screen. In this fun, erudite, and often moving book, Cass R. Sunstein explores the lessons of Star Wars as they relate to childhood, fathers, the Dark Side, rebellion, and redemption. As it turns out, Star Wars also has a lot to teach us about constitutional law, economics, and political uprisings.

In rich detail, Sunstein tells the story of the films' wildly unanticipated success and explores why some things succeed while others fail. Ultimately, Sunstein argues, Star Wars is about freedom of choice and our never-ending ability to make the right decision when the chips are down. Written with buoyant prose and considerable heart, The World According to Star Wars shines a bright new light on the most beloved story of our time.

For Americans, the future of government arrived in 2009. Government became simpler, it became smarter. It worked better. Cass Sunstein, America's regulatory czar under President Barack Obama, was at the center of it all. Drawing on state-of-the-art work in behavioral psychology and economics, Sunstein helped save the country more than $91 billion and an unknown number of lives. This was accomplished through the extraordinary power of nudges--seemingly modest policies that preserve freedom of choice, better lives, and fundamentally improve government. In combination with cost-benefit analysis, nudges are already saving money, saving lives, and improving, by simplifying, government. In Simpler, Sunstein speaks for the first time about what he encountered and accomplished in the Obama Administration and what the lessons are for everyone going forward.

We don't need big government or small government; we need better government. Simpler is a lucid, engaging treatment of behavioral economics that sees a role for the state in nudging humans towards rationality and responsibility. The result is a forthright, compelling vision of technocratic government that's both efficient and humane (Publishers Weekly, starred review). And it just may be the most important book to come out of President Obama's first term (Walter Isaacson).

Why are group decisions so hard?

Since the beginning of human history, people have made decisions in groups--first in families and villages, and now as part of companies, governments, school boards, religious organizations, or any one of countless other groups. And having more than one person to help decide is good because the group benefits from the collective knowledge of all of its members, and this results in better decisions. Right?

Back to reality. We've all been involved in group decisions--and they're hard. And they often turn out badly. Why? Many blame bad decisions on groupthink without a clear idea of what that term really means.

Now, Nudge coauthor Cass Sunstein and leading decision-making scholar Reid Hastie shed light on the specifics of why and how group decisions go wrong--and offer tactics and lessons to help leaders avoid the pitfalls and reach better outcomes. In the first part of the book, they explain in clear and fascinating detail the distinct problems groups run into:

• They often amplify, rather than correct, individual errors in judgment
• They fall victim to cascade effects, as members follow what others say or do
• They become polarized, adopting more extreme positions than the ones they began with
• They emphasize what everybody knows instead of focusing on critical information that only a few people know

In the second part of the book, the authors turn to straightforward methods and advice for making groups smarter. These approaches include silencing the leader so that the views of other group members can surface, rethinking rewards and incentives to encourage people to reveal their own knowledge, thoughtfully assigning roles that are aligned with people's unique strengths, and more.

With examples from a broad range of organizations--from Google to the CIA--and written in an engaging and witty style, Wiser will not only enlighten you; it will help your team and your organization make better decisions--decisions that lead to greater success.

Winner of the 2021 Scribes Book Award

From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as the deep state.

Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions.

Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other.

These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Many of us are being misled. Claiming to know dark secrets about public officials, hidden causes of the current economic situation, and nefarious plans and plots, those who spread rumors know precisely what they are doing. And in the era of social media and the Internet, they know a lot about how to manipulate the mechanics of false rumors--social cascades, group polarization, and biased assimilation. They also know that the presumed correctives--publishing balanced information, issuing corrections, and trusting the marketplace of ideas--do not always work. All of us are vulnerable.

In On Rumors, Cass Sunstein uses examples from the real world and from behavioral studies to explain why certain rumors spread like wildfire, what their consequences are, and what we can do to avoid being misled. In a new afterword, he revisits his arguments in light of his time working in the Obama administration.