Alan Dershowitz on Preserving Liberty in an Age of Fear
In the latest episode of That Said with Michael Zeldin, renowned legal scholar and constitutional lawyer Alan Dershowitz explores the urgent themes of his most ambitious book to date, The Preventive State: The Challenge of Preventing Serious Harms While Preserving Essential Liberties.
In a time marked by the rise of AI, terrorism, and disinformation, Dershowitz warns of a global trend toward preemptive government power that threatens civil liberties under the guise of safety. “We’re seeing democracies drift into dangerous territory,” he tells Zeldin. “The desire to prevent harm is legitimate—but it can’t come at the cost of basic freedoms.”
The episode delivers a powerful message to communications professionals, policymakers, and executives who must weigh legal, ethical, and reputational risks in real time. For those working in public affairs and corporate strategy, Dershowitz's insights serve as both a legal primer and a call to action.
He explains, “You cannot have a free society if you allow the government to punish people for what they might do rather than what they have done. We’re creating a framework of guilt by prediction.”
Zeldin and Dershowitz also tackle the media’s role in shaping public perception. “Fear sells,” Dershowitz notes. “The media amplifies worst-case scenarios, and that feeds into legislative overreach. Communicators need to be the voice of reason in the storm.”
For leaders navigating crisis communications or advocating for principled positions, the conversation offers lessons in how to safeguard both truth and trust. “Liberty and security are not a zero-sum game,” Dershowitz insists. “We can—and must—protect both.”
Listen to the full episode to hear more from one of the most influential legal voices of our time, as he challenges us to rethink the boundaries of justice, the role of government, and the responsibility of communicators in defending democracy.
The Preventive State is available on Amazon now.
