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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...

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

a challenge to the constitutionality of a state 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

It Was The First Time In History That A Court—Any Court—Had Ruled That The Government Had No Power To Ban Or Prosecute An “Obscene” Film That Was Shown To The Public In A Theater. I Had Achieved A Total Victory Not Only For My Client
document It was the first time in history that a court—any court—had ruled that the government had no power to ban or prosecute an “obscene” film that was shown to the public in a theater. I had achieved a total victory not only for my client House Oversight Committee — Epstein Estate Records (Nov 2025)

but for my novel approach to offensiveness under the First Amendment. It was a heck of a way to begin my career as a lawyer. The victory would

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

After Several Unsuccessful Appeals In The Arizona State Courts
document After several unsuccessful appeals in the Arizona state courts House Oversight Committee — Epstein Estate Records (Nov 2025)

we decided to seek review in the Supreme Court. This decision was itself controversial within the anti-capital punishment legal community. The legal landscape had changed since the Supreme Court decided Furman and several other cases imposing restrictions on the use of the deat...

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)

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...

the trial court reimposed death sentences
document The state of Arizona continued to seek the death penalty and asked the trial court to find that the Tison brothers possessed a “reckless indifference to human life.” Without even conducting an evidentiary hearing House Oversight Committee — Epstein Estate Records (Nov 2025)

the trial court reimposed death sentences

the court published the decision reversing Sybers conviction
document I argued the appeal. It turned into a seminar on the scientific method. I began as the “teacher” but soon became the “student” when I realized that the presiding judge knew at least as much about the science as I did. A few months later House Oversight Committee — Epstein Estate Records (Nov 2025)

the court published the decision reversing Sybers conviction

even if the doctors believed that “no” meant “yes.” The appellate court ruled
document Unfortunately for these defendants their trial lawyers had not appropriately raised the issue of reasonable mistake of fact. They asked for an instruction that might have invited the jury to acquit even if the mistake had been unreasonable—that is House Oversight Committee — Epstein Estate Records (Nov 2025)

even if the doctors believed that “no” meant “yes.” The appellate court ruled

The Court’s Decision Was Roundly Criticized By Many Feminists
document The court’s decision was roundly criticized by many feminists House Oversight Committee — Epstein Estate Records (Nov 2025)

on the ground that allowing the defense to have access to the complainant’s psychiatric records would discourage complainants from coming forward. The court was sensitive to this concern and said the following: