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...
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I have never seen it even suggested that there was such an actual threat. [He
Griswold expressed a rather different view:
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.
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
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...
but was “fired” by one of the more militant defendants when he learned that I was a Zionist.
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.
and I observed at close range the ravages of war on our freedoms at home.
and then passively held on to. The battle for civil liberties
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
such as the executive or the military. Our experience in delegating decision-making authority to these institutions in times of crisis is discouraging.
but there are some useful guidelines in striking the proper balance. In the first place
in the reasonable views of the government
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.
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’...
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
even a democracy in which the Supreme Court plays so central a role