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
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I get calls and emails demanding that I sue them for defaming the Jewish people or committing a “blood libel.” But under our First Amendment only an individual can be defamed. There is no such thing as group libel. In other words you can say all you want about “the Jews
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:
when the media seeks to publish information—such as an excluded confession—that may prejudice a defendant’s right to a fair trial. A variation on this theme is the media’s refusal to publish the names of alleged rape victims
against the fair trial rights of criminal defendants under the Sixth Amendment. I have generally been on the side of the First Amendment
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.”
the French philosopher Voltaire articulated the fundamental premise underlying true support for freedom of speech: “I disapprove of what you say
I have also played a significant role in the campaign to abolish or limit the death penalty. This began more than a half century ago when I was a law clerk responsible for drafting the first judicial opinion challenging the constitutionality of the death penalty as “cruel and un...
it held that a condemned person’s constitutional rights were not violated “by permitting the jury to impose the death penalty without any governing standards” or by permitting the imposition of the death penalty in “the same proceeding and verdict as determined
abolitionists were focusing on the significant number of death row inmates who had neither killed nor intended to kill. Most of these non-triggermen had been convicted of murder on the basis of two legal fictions. The first was the law of conspiracy under which each member of a...
which now might be 5-4 against us. And the large number of condemned inmates who faced execution on a theory similar to that which had lead the sentencing judge in Arizona to sentence the Tison brothers to die even though they had not killed the Lyons family or intended their de...
most Americans who have read the book or seen the TV movie of Fatal Vision already ""know"" that Jeffrey MacDonald is guilty. They know it because the Jeffrey MacDonald portrayed in those one-sided presentations was guilty. On TV
he faced a possible death sentence. I had no idea that he was informing against his colleagues in the Jewish Defense League at the same time that he was making bombs for them. Informers are a peculiar lot
the head of Bosnian Serbs during the terrible ethnic wars in the former Yugoslavia. Karadic first called me while he was still a fugitive and while the killings were still ongoing and asked me to represent him. I told him of my policy of not representing fugitives or people inv...
even when a rape has occurred. A cleaning woman in a fancy New York hotel accused Dominic Strauss-Kahn—then the head of the World Bank—of forcing her to have oral sex with him. His lawyers first denied that there had been any encounter