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The Opinions Of Judge Bazelon Over The Years Had The Laid The Foundation For This Decision And Several Of Them Were Cited In The Briefs Filed By His Friends Abe Fortas And Abe Krash
document The opinions of Judge Bazelon over the years had the laid the foundation for this decision and several of them were cited in the briefs filed by his friends Abe Fortas and Abe Krash House Oversight Committee — Epstein Estate Records (Nov 2025)

…ramework for a broad-based claim of equality in the criminal justice system. He had gone considerably further than the Supreme Court would ever go in seeking to assure that indigent defendants were treated no differently from wealthy ones. Many of the cases my year dealt with t...

Three Months After I Started Working For Justice Goldberg I Was In His Secretary’s Office While She Was Talking On The Phone To Her Husband Who Was An Officer In The U.s. Armed Forces. I Think He Had Something To Do With Communications
document Three months after I started working for Justice Goldberg I was in his secretary’s office while she was talking on the phone to her husband who was an officer in the U.S. armed forces. I think he had something to do with communications House Oversight Committee — Epstein Estate Records (Nov 2025)

… everyone in the world knew that President Kennedy had been shot. It was a Friday morning and the nine Justices of the Supreme Court were in their weekly private conference

Before I Leave The Supreme Court
document Before I leave the Supreme Court House Oversight Committee — Epstein Estate Records (Nov 2025)

I must recount one vignette regarding Justice Goldberg that caused me considerable disappointment. One of the great villains of the day to all liberals was J. Edgar Hoover

In The Coming Pages I Will Describe A Series Of Pornography Cases I Have Litigated. In Several Of Them
document In the coming pages I will describe a series of pornography cases I have litigated. In several of them House Oversight Committee — Epstein Estate Records (Nov 2025)

those advocating censorship have cited a state supreme court that held that “Holmes’ aphorism . . . applies with equal force to pornography.” Another court analogized “picketing . . . in support of a secondary boycott” to shouting “Fire!” because in both instances “speech and con...

Although The List Was Never Officially Promulgated By The Federal Communications Commission
document Although the list was never officially promulgated by the Federal Communications Commission House Oversight Committee — Epstein Estate Records (Nov 2025)

the uttering of the prohibited words on a Pacifica radio station that broadcast Carlin’s routine led to a Supreme Court decision setting out standards for what could and could not be said during certain hours of the day and night.

I Decided On A Bold Challenge To The Traditional Power Of The Government To Censor Obscene Material—Indeed To Censor Any “Offensive” Material Shown Only To People Who Aren’t Offended By It. Instead Of Arguing That The Film Itself Was Not Obscene
document I decided on a bold challenge to the traditional power of the government to censor obscene material—indeed to censor any “offensive” material shown only to people who aren’t offended by it. Instead of arguing that the film itself was not obscene House Oversight Committee — Epstein Estate Records (Nov 2025)

…d reasonably offend people outside the theater. There was no legal binding precedent for such a challenge. Indeed the Supreme Court had just recently reaffirmed the power of the government to ban and prosecute obscenity

In Those Days
document In those days House Oversight Committee — Epstein Estate Records (Nov 2025)

…e statute could be brought in front of a three judge district court with the right to appeal its ruling directly to the Supreme Court. The criteria for bringing such a challenge

Judge Aldrich Seemed Intrigued By Our Argument
document Judge Aldrich seemed intrigued by our argument House Oversight Committee — Epstein Estate Records (Nov 2025)

while continuing to press me hard on its implications. At one point Judge Aldrich asked me what I would do if the Supreme Court ruled against my theory. “Will that be the end of the road…?”

A Few Months Later The Supreme Court Rendered A 5 To 3 Decision In The I Am Curious Yellow Case That Did Not Reach The Broad Issue Decided By The District Court (Nor Did It Mention Bear Baiting); Instead
document A few months later the Supreme Court rendered a 5 to 3 decision in the I Am Curious Yellow case that did not reach the broad issue decided by the district court (nor did it mention bear-baiting); instead House Oversight Committee — Epstein Estate Records (Nov 2025)

it decided the case on a narrow procedural ground. We eventually settled the case to the advantage of the defendants. The film was shown throughout the country and no one went to prison. Judge Aldrich’s opinion

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 Strategy Was Simple In Outline: The Supreme Court Should Not Be Allowed The Luxury Of Deciding The Issue Of Capital Punishment As An Abstraction; Instead
document The strategy was simple in outline: The Supreme Court should not be allowed the luxury of deciding the issue of capital punishment as an abstraction; instead House Oversight Committee — Epstein Estate Records (Nov 2025)

it must be confronted with the concrete responsibility of determining the immediate fates of many hundreds of condemned persons at the same time. In this way

I Understood His Reference To “The Numbers” As Meaning Two Different Things: First The Numbers On The Supreme Court
document I understood his reference to “the numbers” as meaning two different things: First the numbers on the Supreme Court House Oversight Committee — Epstein Estate Records (Nov 2025)

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...

I Explained That No One Has Ever Suggested That The Brother Specifically Intended To Kill The Lyons’ Family. Indeed
document I explained that no one has ever suggested that the brother specifically intended to kill the Lyons’ family. Indeed House Oversight Committee — Epstein Estate Records (Nov 2025)

…d 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 original plan and was utterly “unnecessary” to the escape. I told the court that

The Ploy Worked—At Least For A While. But The Rhode Island Lawyer Soon Learned That His Clients Were Not Being Straight With The Jury. He Began To Worry That He Might Have An Ethical Obligation To Blow The Whistle On His Clients
document The ploy worked—at least for a while. But the Rhode Island lawyer soon learned that his clients were not being straight with the jury. He began to worry that he might have an ethical obligation to blow the whistle on his clients House Oversight Committee — Epstein Estate Records (Nov 2025)

…rge of enforcing the ethical rules that govern lawyers—to obtain guidance. She referred the matter to the Rhode Island Supreme Court which issued an unprecedented opinion concluding that “the attorney had an obligation to disclose the existence of his contingent fee agreement to...