but I have been ecstatic. It has become the most important quality in my life--and the most significant ingredient in whatever success I may have achieved. It certainly played an important role in my decision to become a lawyer defending freedom of speech
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criminal law and freedom of speech cases were decided during my tenure as a law clerk. It was a period of liberal judicial activism—the Zenith (or for those more admiring of judicial restraint
and because I was teaching criminal law. I had a lot of freedom since no one really cared about criminal law at Harvard. Our students were unlikely to become criminal lawyers in those days. In fact
all the time. I defended other trouble-makers. I questioned everything and everybody. I may have had a Fifth Amendment right to “remain silent
I will recount my experiences—both professional and personal—with each of those purported exceptions to the First Amendment. I will describe how the First Amendment has changed over the half century I have been litigating freedom of expression cases. In some instances
it has also condemned the selective manner in which it was enforced against certain journalists and newspapers but not others. If there are to be any restrictions of freedom in the press
you will rue the day that you ever thought that I would give you publicity because I will not stop condemning your organization and you know that the only condition that I will accept your case is because you have given me the freedom to argue with you
and no professor has the right to propagandize his captive classroom audience or to grade them down if they disagree with his political opinions. But it is sometimes difficult to distinguish between acceptable teaching and unacceptable prostheletizing. This too is an area where...
I myself was charged with defamation—indeed criminal defamation—for exercising my own freedom of speech to criticize a judge for an opinion she wrote. This certainly made me appreciate our First Amendment. Here is the story:
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.”
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 goring your ox.
I refused to be bullied into abandoning a teaching style that I believe is best designed to stimulate thinking. It takes no courage for me to exercise my academic freedom
a justice said—in passing—that “we are a Christian people.” But he then quickly added in the same sentence that we are a people who accord “to one another the equal right of religious freedom” (emphasis added). United States v. MacIntosh
the regime has released some political prisoners and pledged to end the state of emergency in force since 1963. A government spokeswoman has hinted that coming reforms will include greater freedom for the press and the right to form political parties. President Bashar al-Assad is...
Cap’n Crunch. An article about Draper in Esquire in 1972 had, for instance, inspired two teenagers named Steve Jobs and Steve Wozniak to start their first company to build and sell little phreaking boxes. Woz later recalled nervously meeting the Cap’n one day in California. He wa...