I learn a great deal from my students. My classroom is truly a marketplace of ideas. This should not be surprising
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the First Amendment has not become ossified with age. It has changed with the times
obscenity—including dirty words used in the context of a political protest—is not speech. (Perhaps it’s “duck.”) The same is true 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...
“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater
it is not a suicide pact.” But it is precisely during times of crisis—when the balance between momentary expediency and enduring safeguards often goes askew—that courts can perform their most critical function: to preserve or restore a sense of perspective.
“If I am not being charged with defaming Stalin for calling him a fool
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
even while condemning what they were saying. Far better educated people than my mother also claimed not to understand. In a debate in Canada on laws criminalizing Holocaust denial
applicable equally to right and left. Free speech for me but not for thee is the beginning of the road to tyranny.
and may not be barred from speaking or publishing because those in control of government think that what is said or written is unwise
provocative or pornographic; they do not suggest promiscuity. They are photos of a prepubescent girl in innocent poses at her bath. In contrast
his parents had not consented their child to being photographed by a paparazzi on an isolated beach
but Justice Brennan did not want to look at it then. He asked me to describe the results of my research to him
it was clear from the record that they specifically intended not to kill and that Gary and Randy had to trick the brothers into going for water before opening fire. I also pointed to a finding by the Arizona Supreme Court that the murder of the Lyons’ family was not part of the...
but insisting that they could not be executed for the unanticipated murders: