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When We Started To Break The Rules
document When we started to break the rules House Oversight Committee — Epstein Estate Records (Nov 2025)

…n to doubt her doubting. Doubting was good as long as it didn't lead to breaking with the rituals--as it didn't in her case. Or so she believed

Since Bazelon Was The Chief Judge
document Since Bazelon was the Chief Judge House Oversight Committee — Epstein Estate Records (Nov 2025)

… to assign the opinion to one of the three judges on a panel (or nine when on rare occasions the entire court heard the case “en banc”). Following the oral argument

When The Conference Was Over And The Case Assigned
document When the conference was over and the case assigned House Oversight Committee — Epstein Estate Records (Nov 2025)

we would meet with the judge and he would tell us which clerk was to work on the opinion. I always got the interesting cases (at least the ones that interested the judge). My co-clerk

My First Case Involved A Man Named “Daniel Jackson Oliver Wendell Holmes Morgan”—Quite A Name! Any Lawyer Would Be Proud To Have Been Named After. “Daniel Webster
document My first case involved a man named “Daniel Jackson Oliver Wendell Holmes Morgan”—Quite a name! Any lawyer would be proud to have been named after. “Daniel Webster House Oversight Committee — Epstein Estate Records (Nov 2025)

” “Andrew Jackson” and “Oliver Wendell Holmes.” That’s what Mr. Morgan thought too. The only problem was he wasn’t a lawyer and that wasn’t his name! He was an uneducated

Eventually Freedman And I Became Friends And Colleagues
document Eventually Freedman and I became friends and colleagues House Oversight Committee — Epstein Estate Records (Nov 2025)

… I tried to follow in his large footsteps but I’m not sure I ever made as good an oral argument as he did in the Morgan case. It was quite a way to begin my career as a law clerk.

When The Case Came Across My Desk
document When the case came across my desk House Oversight Committee — Epstein Estate Records (Nov 2025)

I saw it as an opportunity to use my law school background in psychiatry and law—I was working on a casebook with two of my law school professors on “Psychoanalysis

A Lawyer Confronting This Kind Of Case Must Know How To Deal With These Transnational Problems. Law Schools Have Traditionally Offered Courses In International Law
document A lawyer confronting this kind of case must know how to deal with these transnational problems. Law schools have traditionally offered courses in international law House Oversight Committee — Epstein Estate Records (Nov 2025)

teaching the students about international tribunals and treaties. The source of problems confronted today are not decided by international law or international courts. They are transnational

The Stirring Words Of The First Amendment—“Congress Shall Make No Law…Abridging The Freedom Of Speech Or Of The Press…”—Haven’t Been Amended Between My First Case Defending Freedom Of Expression In The 1960S And My Most Recent One
document The stirring words of the First Amendment—“Congress shall make no law…abridging the freedom of speech or of the press…”—haven’t been amended between my first case defending freedom of expression in the 1960s and my most recent one House Oversight Committee — Epstein Estate Records (Nov 2025)

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 Case That Gave Rise To The “Fire!” In A Crowded Theater Analogy— Schenck V. United States— Involved The Prosecution Of Charles Schenck
document The case that gave rise to the “Fire!”-in-a-crowded-theater analogy— Schenck v. United States— involved the prosecution of Charles Schenck House Oversight Committee — Epstein Estate Records (Nov 2025)

who was the general secretary of the Socialist Party in Philadelphia. In 1917 a jury found Schenck guilty of attempting to cause insubordination among soldiers who had been drafted to fight in the First World War. He had circulated leaflets urging draftees not to “submit to inti...

When I Then Advised The Court That Under My Theory
document When I then advised the court that under my theory House Oversight Committee — Epstein Estate Records (Nov 2025)

…es would not have to view the film. Judge Aldrich immediately interjected: “Are you trying to bribe us to decide the case so we don’t have to see the film?...I will admit that’s the best bribe I have ever been offered.”

Notwithstanding The Judge’s Ruling That The Film Was Not Obscene
document Notwithstanding the judge’s ruling that the film was not obscene House Oversight Committee — Epstein Estate Records (Nov 2025)

the District Attorney decided to arrest Stork and Hagen. The Deep Throat case was so important to Droney that he pulled one state detective off a murder investigation to watch the film and make the arrest.

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

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

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)

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.