Every indexed document

” Goldberg told Dershowitz. “What could be more cruel than the deliberate decision by the state to take a human life?”

my initial assignment as Justice Goldberg’s law clerk was to write a memorandum on the possible unconstitutionality of the death penalty. Here is how [ find author]______

I have also played a significant role in the campaign to abolish or limit the death penalty. This began more than a half century ago when I was a law clerk responsible for drafting the first judicial opinion challenging the constitutionalit...

such as the virtual elimination of offensiveness as a justification for censorship

you must attend at least one free speech rally in support of views that you thoroughly despise. I mean really hate! It is not enough to say

it was a charter member. But in recent years some of its branches have gotten soft on the First Amendment when it comes to racist

but they also oppose censorship of television by the Federal Communications Commission.

they try to educate about the evils of censorship

or corporate support for the First Amendment right to make unlimited contributions to political campaigns. You do not have to be a supporter of freedom of speech to protest when the government tries to censor the speech of those who are gor...

which had been “banned in Boston” back in the sixties

even most who claim adherence to the First Amendment

but the core of Voltaire’s point is crucial. It is easy

the French philosopher Voltaire articulated the fundamental premise underlying true support for freedom of speech: “I disapprove of what you say

far fewer support speech that hurts them. Free speech for me but not for thee is a common limitation. Let me propose a test for my own readers to see whether you qualify to join “the First Amendment Club.”

against the fair trial rights of criminal defendants under the Sixth Amendment. I have generally been on the side of the First Amendment

when the media seeks to publish information—such as an excluded confession—that may prejudice a defendant’s right to a fair trial. A variation on this theme is the media’s refusal to publish the names of alleged rape victims

his parents had not consented their child to being photographed by a paparazzi on an isolated beach

and in the caption focused the viewer’s attention on the size of the boy’s penis. The issue I was asked to address was whether the blog met the criteria for child pornography

in light of the new sensitivity toward child exploitation

whose mother controlled what she would do. Her later appearances were made by a near-adult and were far more within her own control. The court simply ignored the argument by the 10 year old should not be bound by foolish decisions made by a...