The new issue of Steinbeck Review, the biannual journal focusing on John Steinbeck’s life and work, includes literary criticism, book reviews, and a change in editorial policy of interest to fans of Steinbeck’s fiction. A Penn State University Press publication, Steinbeck Review was limited in the past to literary criticism, history, and news about Steinbeck from and for teachers and scholars. Acknowledging events in Charlottesville and Alabama and online writing about Steinbeck, the editors invite contributions from non-specialists applying their understanding of Steinbeck to political developments, constitutional rights, and social justice, as well as personal essays about Steinbeck’s impact outside the classroom. Articles of literary criticism in the current issue address formal and thematic aspects of Steinbeck’s writing in To a God Unknown, Of Mice and Men, The Grapes of Wrath, and The Winter of Our Discontent. Literary history and biography are represented by a piece on Steinbeck’s screenplay for the 1944 movie Lifeboat, directed by Alfred Hitchcock, and a 2001 letter from Steinbeck’s son Thom about his father’s relationship with the portrait artist William Ward Beecher. Book reviews include a summary and opinion on Linda Wagner-Martin’s 2017 biography, John Steinbeck: A Literary Life.

A recent blog post of the National Book Critics Circle asked members “at this time of cultural shift” in the dawning era of Donald Trump to identify their “favorite work of resistance literature.” The writer Paul Wilner identified John Steinbeck’s “quietly furious” strike novel In Dubious Battle as his personal choice.

“We may not see the future lying before us,” Wilner explained, “but Steinbeck has provided a valuable road map to the lessons of the past. He may have fought kicking and screaming against the label of ‘engaged’ writer–he’ll never be confused with Sartre, to his credit–but he understood the power, as well as the perils, of resistance.”

‘We may not see the future lying before us, but John Steinbeck has provided a valuable road map to the lessons of the past.’

True enough, but my choice of road map for resisting Donald Trump would be The Moon Is Down, the play-novella John Steinbeck wrote during the early, dark days of World War II about anti-fascist resistance by the citizens of a Nazi-occupied country in northern Europe. Steinbeck’s little book inspired citizen resistance in Nazi-occupied territories from the Baltic to the Black Sea. It contains practical advice for Americans opposed to Donald Trump’s attitudes and actions as president, 75 years after it was written.

The Moon Is Down contains practical advice for Americans opposed to Donald Trump’s attitudes and actions as president, 75 years after it was written.

Set in a fictionalized version of Norway, The Moon Is Down tells the story of what residents do when alien soldiers—never named as Nazis, but unmistakable nonetheless—invade their peaceful coastal mining town by air, land, and sea. Hitler’s forces tried hard to suppress The Moon Is Down in Nazi-occupied lands (possession was punishable by death in Mussolini’s Italy), but contraband copies, printed and passed on by hand, were widely credited with sustaining anti-fascist resistance until Nazi occupation ended in 1945. Once World War II was over, John Steinbeck was awarded the Freedom Cross by King Haakon VII of Norway, that nation’s highest civilian honor.

Set in a fictionalized version of Norway, it tells the story of what residents do when alien soldiers—never named as Nazis, but unmistakable nonetheless—invade their peaceful coastal mining town.

Magnified by an unforgiving winter, the passive bitterness of an occupied people morphs into active rebellion that begins quietly when the town’s mayor refuses to drink with the army officer who—unlike Donald Trump—is a moral man following orders from others. The refusal to cooperate eventually costs the mayor his life, but not before his example inspires numerous acts of rebellion, some violent, by residents of the town. Sanctuary-city mayors around the United States are setting a similar example by signaling their refusal to cooperate with federal orders to round up undocumented residents for deportation. Demonstrations at legislative town hall meetings, by citizens concerned about health care, are following a similar pattern. People are standing up to power.

Demonstrations at legislative town hall meetings, by citizens concerned about health care, are following a similar pattern. People are standing up to power.

When U.S. Congressman and civil rights leader John Lewis was interviewed on Meet the Press not long ago, he prepared the stage for official resistance by explaining to Chuck Todd why he felt Donald Trump was “not legitimate” and why he refused to attend Trump’s inauguration. “You cannot be at home with something that is wrong,” Lewis told Todd, citing the example of Martin Luther King, Jr., who said, “We must learn that passively to accept an unjust system is to cooperate with that system, and thereby to become a participant in its evil.”

‘We must learn that passively to accept an unjust system is to cooperate with that system, and thereby to become a participant in its evil.’

John Steinbeck understood this principle but professed to be surprised that The Moon Is Down proved so popular, explaining that he wrote the book “as a kind of celebration of the durability of democracy.” When the mayor in Steinbeck’s story says that he feels the will of the people and acts accordingly, he gives unspoken permission for their resistance, the ultimate result of which is left—in typical Steinbeck fashion—for readers to decide. As Steinbeck makes clear, however, the occupiers are flummoxed because they fail to understand the psychology of people brought together by crisis. Products of a top-down, authoritarian culture familiar to students of Donald Trump, they are unprepared for popular resistance and cannot cope when confronted with democratic dissent.

John Steinbeck understood this principle but professed to be surprised that The Moon Is Down proved so popular, explaining that he wrote the book ‘as a kind of celebration of the durability of democracy.’

As Steinbeck’s mayor explains to the puzzled commandant who is trying to keep order, “Free men cannot start a war, but once it is started, they can fight on in defeat. Herd men, followers of a leader cannot do that, and so it is always the herd men who win battles and the free men who win wars.” John Steinbeck’s advice couldn’t be clearer: Once a bully picks a fight, resist. You may lose the battle, but you’ll eventually win the war.

Seventy years after its publication John Steinbeck’s Of Mice and Men continues to stimulate debate, pro and con, about the death penalty. But justifying capital punishment was the last thing on the mind of the author, a liberal thinker who created the character of Lennie to increase our understanding of the mentally challenged and the American underclass. As a defense attorney who admires Of Mice and Men for this very reason, I’m angry that Texas Court of Criminal Appeals Judge Cathy Cochran used Lennie in a 2004 legal opinion about imposing the death penalty when mental capacity is at issue. The “Lennie standard” she proposed continues to have consequences in the courts, and in the lives of the condemned.

Justifying capital punishment was the last thing on the mind of the author, a liberal thinker who created the character of Lennie to increase our understanding of the mentally challenged and the American underclass.

John Steinbeck’s late son Thom, an accomplished writer, was furious about Judge Cochran’s opinion after it was rendered. In a 2012 interview with the Beaumont (Texas) Enterprise, Thom’s wife Gail Steinbeck, an attorney, said that “his ears turned red” when her husband first learned of Ex Parte Briseno, in his view a gross distortion of his father’s meaning. In a statement published by The New York Times on August 8, 2012, Thom complained bitterly about the misconstruction of his father’s intentions in writing Of Mice and Men:

I had no idea that the great state of Texas would use a fictional character that my father created . . . as a benchmark to identify whether defendants with intellectual disability should live or die. My father was a highly gifted writer who won the Nobel Prize for his ability to create art about the depth of the human experience and condition. His work certainly wasn’t meant to be scientific, and the character of Lennie was never intended to be used to diagnose a medical condition like intellectual disability. I find the whole premise to be insulting, outrageous, ridiculous and profoundly tragic. I am certain that if my father, John Steinbeck were here, he would be deeply angry and ashamed to see his work used in this way.

The Supreme Court Considers the Case of John Steinbeck

In 2002 the Supreme Court outlawed the death penalty for the intellectually disabled, but left it to the states to define what constitutes intellectual disability. Since 2004 courts in Texas have used Judge Cochran’s ill-considered Lennie standard to determine intellectual disability in capital punishment cases. Arguing before the Supreme Court last month in Moore v. Texas, the solicitor general of Texas, Scott Keller, bristled when Justice Sonya Sotomayor asked him about the state’s use of the Lennie standard, an illogical jumble concocted from a sentimental—and incorrect—interpretation of John Steinbeck’s character. “The character from Of Mice and Men was never part of the test,” asserted Keller in the state’s defense: “it was an aside [in Judge Cochran’s] opinion.” Justice Sotomayor replied, “But it informed its view of how to judge [intellectual disability],” insisting that Texas clearly “used the Lennie standard.”

Since 2004 courts in Texas have used Judge Cochran’s ill-considered Lennie standard to determine intellectual disability in capital punishment cases.

Questions about Judge Cochran’s odd Of Mice and Men citation—and the quirkiness of a judge relying on a work of literary fiction to support a legal opinion—had been predicted long before oral argument before the Supreme Court began. M. Todd Henderson, a University of Chicago law professor, pointed out the nature of the incongruity in 2008. “Citations to literature are extraordinarily rare in federal appellate court opinions, appearing in only 1 out of every 10,000 federal appellate cases,” he wrote. When judges do cite fictional works in judicial opinions, he continued, “they are most likely to cite to novels for propositions that are closely related to their own work and job.” That’s why it’s baffling that Judge Cochran was reportedly “unfazed” when she learned of Thom Steinbeck’s outrage over her violation of his father’s purpose in writing Of Mice and Men.

Citations to literature are extraordinarily rare in federal appellate court opinions, appearing in only 1 out of every 10,000 federal appellate cases.

John Steinbeck wrote much of Of Mice and Men at the Steinbeck family cottage in Pacific Grove, California. Ironically, Judge Cochran is said to have reread “all of Steinbeck” while living in nearby Monterey, three decades later, in the 1960s. Recently my wife and I traveled to the National Steinbeck Center in neighboring Salinas to celebrate our 15th wedding anniversary. Driving through John Steinbeck’s beloved Salinas Valley, we saw the still poor, still struggling migrant workers toiling under the California sun, like Lennie and George, for subsistence pay. That evening we left our comfortable bed and breakfast to stroll hand-in-hand along the shore celebrated by Steinbeck in Sea of Cortez and Cannery Row. Nowhere, not even in the turbulent tide pools that Steinbeck explored with his wife Carol, did we perceive the death penalty.