I served as editor-in-chief of the Yale Law Journal. I was the first orthodox Jew to serve in that capacity
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first in Brookline and a year later in Cambridge.
…planning my questions and strategies and got to the law school at 7:00 am before each class. Naturally I parked in the first available slot in the parking lot. Several days into the semester Professor Clark Byse mentioned at lunch that Dean Griswold was sizzling mad because som...
but her contracts teacher gave her a D. She came to me upset about her D grade and asked me to read her exam. I read it and it was clearly of A quality. I was sure that her contracts professor had simply made a transcription error and so I went to his office to discuss it. He...
but the meaning of these words has undergone dramatic transformation over the past half century. The major reason has been the rapid change in the manner by which speech is transmitted. Technology has altered the sound and look of freedom of expression.
the First Amendment has not become ossified with age. It has changed with the times
the two justices were giving radically different meanings to the very same language of the First Amendment.
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
“the First Amendment recognizes no such thing as a ‘false’ idea.” Nor does it recognize false opinions about the causes of war.
to see the First Amendment used for the sole and obvious purpose of making a profit and for no other purpose.
but for my novel approach to offensiveness under the First Amendment. It was a heck of a way to begin my career as a lawyer. The victory would
but against lawyers who represented them on First Amendment grounds. When I and several friends opened a Kosher deli in Harvard Square
by telephoning the emergency judge. But in the midst of our conference the first show ended and the officers arrested Stork and Hagen
but there are some useful guidelines in striking the proper balance. In the first place
the Pentagon Papers case was First Amendment “child play” compared with the Wikileaks case and other current threats to national security posed by modern computer technology. The Pentagon Papers