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69,179 documents

The First Amendment Emerged Victorious In The Pentagon Papers Case
document The First Amendment emerged victorious in the Pentagon Papers case House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

as it did in most of the anti-war cases of the 1970s. But this was before the age of the internet. Everything would soon be different as technology changed the sounds and sights of expression—as well as the stakes involved in the debate ove...

I Also Conferred With My Teacher And Dear Friend Alexander Bickel
document I also conferred with my teacher and dear friend Alexander Bickel House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

who was lead counsel for the Times in the Pentagon Papers case. Our cases shared a common constitutional approach and so we exchanged ideas and drafts.

As The War Was Winding Down And The United States Was Deciding To Withdraw From Vietnam
document As the war was winding down and the United States was deciding to withdraw from Vietnam House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

the CIA was given a major role in overseeing the American evacuation. One of the highest ranking CIA agents in charge of the operation was Frank Snepp. Snepp wrote an uncensored account of his experiences—taking care

The Bitterness Of The Vietnam War Spread Rapidly Over College And University Campuses. What Began As Peaceful Teach Ins And Protests Soon Turned To Confrontations And Violence. In 1969
document The bitterness of the Vietnam War spread rapidly over college and university campuses. What began as peaceful teach-ins and protests soon turned to confrontations and violence. In 1969 House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

there was an anti-war protest at Harvard that led to violence and several years of continuous turmoil on that venerable campus. These events led the university to attempt to suspend or dismiss numerous students. I represented several of the...

The Most Publicized And Notorious Of The Vietnam Protest Cases Was The Conspiracy Prosecution Against The “Chicago 7” Growing Out Of Demonstrations During The 1968 Democratic Convention. After The Trial Of That Case
document The most publicized and notorious of the Vietnam protest cases was the conspiracy prosecution against the “Chicago 7” growing out of demonstrations during the 1968 Democratic Convention. After the trial of that case House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

the lead defense lawyer—William Kunstler—was held in contempt of court and sentenced to four years imprisonment. I was part of the legal team assembled to prepare the appeal of that contempt order. We won.

This Is Not To Suggest That Justice Should Remain Blind To The Existence Of A Real Emergency Endangering The Survival Of The Nation. As Justice Arthur Goldberg Once Wrote: “While The Constitution Protects Against The Invasion Of Individual Rights
document This is not to suggest that justice should remain blind to the existence of a real emergency endangering the survival of the nation. As Justice Arthur Goldberg once wrote: “While the Constitution protects against the invasion of individual rights House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

it is not a suicide pact.” But it is precisely during times of crisis—when the balance between momentary expediency and enduring safeguards often goes askew—that courts can perform their most critical function: to preserve or restore a sens...

even during periods of crisis. Under our constitutional system
document It has been indeed fortunate for the survival of our liberties that there have always been some Americans—often only a small group and sometimes not those directly affected—willing to challenge governmental high-handedness House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

even during periods of crisis. Under our constitutional system

In Those Cases We Need To Develop Adequate Mechanisms For Resolving The Dispute. Resolution Cannot Be Left Entirely In The Hands Of Those Responsible For Security
document In those cases we need to develop adequate mechanisms for resolving the dispute. Resolution cannot be left entirely in the hands of those responsible for security House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

such as the executive or the military. Our experience in delegating decision-making authority to these institutions in times of crisis is discouraging.

in the reasonable views of the government
document The most controversial genre are secrets whose disclosure would House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

in the reasonable views of the government

the situation is different from the alleged conflicts that motivate the censorship of supposedly obs
document The conflict between national security and free expression is a real one. It must be confronted and resolved by every society committed to civil liberties yet concerned for its safety. In this respect House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

the situation is different from the alleged conflicts that motivate the censorship of supposedly obscene material: in most obscenity cases

the government should get out of the business of censoring films and other media
document I argued therefore that “pornography is a red herring” and that in the absence of compelling evidence—of which there is none—that it causes actual harm beyond offending those who can choose not to see it House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

the government should get out of the business of censoring films and other media.

In Addition To Litigating Many Obscenity Cases
document In addition to litigating many obscenity cases House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

I have written extensively on the subject. My article “Why Pornography?” set out to determine whether there is any actual relationship between “hard-core pornography” and violence against women. It began by disputing Justice Potter Stewart’...

I Have Kept My Promise
document I have kept my promise House Oversight Committee — Epstein Estate Records (Nov 2025) 1 pp.

and despite the Supreme Court’s continued insistence—most recently in the violent video games case—that “obscenity” is not protected by the First Amendment