Episode Summary
Executive Summary: Michael Lewis and Malcolm Gladwell use the story of Sir John Knight to critique how the Supreme Court’s Bruen decision leans on selective history to justify modern gun rights. The episode shows that the celebrated 1686 case was about anti-Catholic agitation and technical local rules, not a broad right to carry arms, exposing how a fringe historical event was elevated into constitutional doctrine.
Main Topics: Michael Lewis previews his FTX book (Priority: 2/5): Lewis announces his upcoming book on Sam Bankman-Fried, its title, publication date, and pre-order availability, using jacket copy to tease rather than reveal the contents. Bruen and the Court’s turn to history (Priority: 5/5): The episode explains how the Supreme Court in New York State Rifle & Pistol Association v. Bruen made gun regulation depend on historical analogies and founder-era precedent. The rise of Sir John Knight in Second Amendment litigation (Priority: 5/5): John Knight, a little-known 17th-century Bristol merchant, becomes central to gun-rights arguments after Joyce Malcolm highlights his acquittal in a historical source. What the historical record actually shows (Priority: 5/5): New archival material, especially Roger Morris’s coded newsletters, suggests Knight was an anti-Catholic provocateur who complied with local gun rules and was not a heroic model of unrestricted carry. History versus advocacy (Priority: 5/5): The episode argues that legal actors cherry-pick history, preferring a version of Knight that supports a preexisting ideological conclusion while ignoring contrary facts. Broader critique of gun discourse (Priority: 4/5): Lewis concludes that American debates about gun violence are often trapped in misleading historical stories, and that the podcast will redirect attention to more grounded perspectives.
Key Arguments: The Supreme Court in Bruen treated history and tradition as the controlling test for gun laws, making 17th-century English history unusually important in a 21st-century constitutional case. Sir John Knight became a key precedent because historians and litigators used his acquittal to argue that English common law permitted armed carry. The fuller archival record shows Knight was not carrying guns into church, was following Bristol’s local weapons rules, and was prosecuted mainly for anti-Catholic agitation. Roger Morris’s newsletters, once decoded, provide richer context that undermines the simplified pro-gun reading of Knight’s case. The Bruen majority selectively interpreted multiple plausible historical meanings in the way most consistent with its preferred outcome. The episode frames this as an example of how legal history can be distorted when used as advocacy rather than inquiry. Knight’s case is presented as illustrative of a broader problem: American public debate over guns relies on symbolic stories instead of confronting present-day violence directly.
Data Points: Publication date: October 3, 2023 - Michael Lewis announces the release date of Going Infinite: The Rise and Fall of a New Tycoon. Bruen case year: 2021 - The Supreme Court hears New York State Rifle & Pistol Association v. Bruen in November 2021. Statute year: 1328 - The Statute of Northampton is cited as a medieval restriction on armed carry. Sir John Knight incident year: 1686 - Knight’s arrest and acquittal in Bristol occur in the late 17th century. Revisionist History gun series length: 6 episodes - Gladwell says the season will examine guns through six episodes. British-American homicide comparison: 4.5 times higher - Jonathan Barry/episode notes U.S. homicide rate is far higher than the U.K.’s. Roger Morris record length: Seven volumes - The decoded newsletters are described as a seven-volume edition.
Pivotal Quotes: "Going Infinite, The Rise and Fall of a New Tycoon, is coming out October 3rd." — Michael Lewis: Announcement of Lewis’s upcoming FTX book. "To the extent that there are multiple plausible interpretations of Sir John Knight's case, we will favor the one that is more consistent with the Second Amendment's command." — Supreme Court majority, as read in the episode: The episode’s critique of the Bruen decision’s historical reasoning. "It's hilariously to spend so much time on John Knight." — Patrick Charles: Commentary on how much modern gun-law debate depends on a obscure historical figure.
Implications: The episode argues that Supreme Court gun jurisprudence can rest on cherry-picked history, shaping constitutional law around misleading myths. For listeners, it suggests skepticism toward legal narratives that transform obscure precedents into timeless truths.
About Against the Rules
Michael Lewis’s best-selling book The Big Short is now 15 years old. The Oscar-winning movie based on it came out a decade ago. To mark the occasion, Lewis has narrated a new audiobook of The Big Short. Here on his podcast, he and co-host Lidia Jean Kott are thinking about the legacy of the book, the movie, and the financial crisis of 2008. Michael catches up with the director of the movie, Adam McKay, as well as some of the real-life characters depicted by the likes of Ryan Gosling, Steve Carell and Jeremy Strong. He also calls up journalists, economists, and historians to make sense of the 2008 financial crisis and to understand how it still affects the world today.