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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

Criminal Law; Constitutional Litigation; Family Law; Psychiatry And The Law; The Prediction And Prevention Of Harmful Conduct; Race And Violence; The Scriptural Sources Of Justice; The Law Of Sports; The Legal
document Criminal Law; Constitutional Litigation; Family Law; Psychiatry and the Law; the Prediction and Prevention of Harmful Conduct; Race and Violence; the Scriptural Sources of Justice; the Law of Sports; the Legal House Oversight Committee — Epstein Estate Records (Nov 2025)

…s; Terrorism and the Law; Probabilities and the Law; a Comparative Analysis of Talmud and Common Law; Wikileaks and the First Amendment; the Arab Israeli Conflict through Literature; Black Power and its Legal Implications; The Writings of Thomas Jefferson; and Constraining Prosec...

I Will Continue To Work On These Issues As Long As I Can Think
document I will continue to work on these issues as long as I can think House Oversight Committee — Epstein Estate Records (Nov 2025)

write and speak—even after my active teaching career at Harvard comes to an end. I am a teacher first and foremost. All of my work—classroom pedagogy

I Always Wanted To Be A First Amendment Lawyer. Everything In My Upbringing And Education Led Me To The Defense Of Freedom Of Speech. I Was Always A Dissident—Though They Used The Less Polite Term “Trouble Maker.” I Argued With Everyone
document I always wanted to be a First Amendment lawyer. Everything in my upbringing and education led me to the defense of freedom of speech. I was always a dissident—though they used the less polite term “trouble-maker.” I argued with everyone House Oversight Committee — Epstein Estate Records (Nov 2025)

all the time. I defended other trouble-makers. I questioned everything and everybody. I may have had a Fifth Amendment right to “remain silent

The Reality Is That Both Of These Words—“Congress” And “No”—Have Been Excised Over Time. The First—“Congress”—Was Central To The History Of The Bill Of Rights
document The reality is that both of these words—“Congress” and “no”—have been excised over time. The first—“Congress”—was central to the history of the Bill of Rights House Oversight Committee — Epstein Estate Records (Nov 2025)

which was seen by its framers largely as a bill of restrictions on the power of the national legislature—namely “Congress.” There was considerable concern that the Constitution

According To The Absolutist View
document According to the absolutist view House Oversight Committee — Epstein Estate Records (Nov 2025)

…e for other categories of expression that do not—in the view of at least some absolutists—warrant the protection of the First Amendment. I know of no absolutist who would argue that all expression—including words of extortion

Non Absolutists Recognize That These Forms Of Verbal Expression Are Indeed “Speech
document Non-absolutists recognize that these forms of verbal expression are indeed “speech House Oversight Committee — Epstein Estate Records (Nov 2025)

” but they argue that the words of the First Amendment should not be read literally. Some argue that they must be understood in the context of the times when they were written

Whichever Approach Is Taken
document Whichever approach is taken House Oversight Committee — Epstein Estate Records (Nov 2025)

it is clear that not all verbal and other form of expression are protected by the First Amendment. There is widespread disagreement over what are appropriate exceptions

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)

… 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 intimidation” by fighting in a war being conducted on behalf of “Wall Street’s cho...

If There Is Anything More Obnoxious To A Civil Libertarian Than The Punishment Of Speech After It Has Taken Place
document If there is anything more obnoxious to a civil libertarian than the punishment of speech after it has taken place House Oversight Committee — Epstein Estate Records (Nov 2025)

it is the issuance of a prior injunction to prevent speech in the first place. Prior restraint—as an injunction against speech has come to be known—is the purest form of censorship. It seeks to prevent the speech from ever reaching the public. Now

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

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

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)

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 over disseminating massive amounts of cla...

One Area In Which It Is Dangerous And Wrong To Permit Selective Prosecution Is The Publication Of Classified Information By The Media. If The Government Can Pick And Choose The Few It Decides To Prosecute Among The Many Who Publish Classified Information
document One area in which it is dangerous and wrong to permit selective prosecution is the publication of classified information by the media. If the government can pick and choose the few it decides to prosecute among the many who publish classified information House Oversight Committee — Epstein Estate Records (Nov 2025)

it will have far too much power over the content of what the media reports. 48 The First Amendment recognizes no distinction between the patriotic and unpatriotic

There Are Two Basic Types Of Expression That Incite. The First Is Reactive—That Is
document There are two basic types of expression that incite. The first is reactive—that is House Oversight Committee — Epstein Estate Records (Nov 2025)

the speaker so deeply upsets or offends the person (or persons) to whom he is speaking that he reacts to the speech by attacking the speaker. This comes under the legal rubric of “fighting words”—words that cause the listener to fight back. The second is pro-active—that is