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Since Bazelon Was The Chief Judge
document Since Bazelon was the Chief Judge House Oversight Committee — Epstein Estate Records (Nov 2025)

…presided and got to assign the opinion to one of the three judges on a panel (or nine when on rare occasions the entire court heard the case “en banc”). Following the oral argument

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)

… 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 this issu...

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)

…e 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

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)

…ably 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

When I Then Advised The Court That Under My Theory
document When I then advised the court that under my theory House Oversight Committee — Epstein Estate Records (Nov 2025)

the judges would not have to view the film. Judge Aldrich immediately interjected: “Are you trying to bribe us to decide the case so we don’t have to see the film?...I will admit that’s the best bribe I have ever been offered.”

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

…le 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…?”

But As I Promised Judge Aldrich
document But as I promised Judge Aldrich House Oversight Committee — Epstein Estate Records (Nov 2025)

I continued to press my principle in the court of public opinion and in a series of other obscenity cases over the next several decades. Ultimately my view would prevail

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 Most Publicized And Notorious Of The Vietnam Protest Cases Was The Conspiracy Prosecution Against The “Chicago 7” Growing Out Of Demonstrations During The 1968 Democratic Convention. After The Trial Of That Case
document The most publicized and notorious of the Vietnam protest cases was the conspiracy prosecution against the “Chicago 7” growing out of demonstrations during the 1968 Democratic Convention. After the trial of that case House Oversight Committee — Epstein Estate Records (Nov 2025)

the lead defense lawyer—William Kunstler—was held in contempt of court and sentenced to four years imprisonment. I was part of the legal team assembled to prepare the appeal of that contempt order. We won.

“Much Of Plaintiff's Recent Commercial Activity Upon Which Her Fame Is Based Has Been Far More Sexually Suggestive Than The Photographs Which Have Been Shown To The Court. These Photographs Are Not Sexually Suggestive
document “Much of plaintiff's recent commercial activity upon which her fame is based has been far more sexually suggestive than the photographs which have been shown to the court. These photographs are not sexually suggestive House Oversight Committee — Epstein Estate Records (Nov 2025)

provocative or pornographic; they do not suggest promiscuity. They are photos of a prepubescent girl in innocent poses at her bath. In contrast

This Reasoning Fails To Distinguish Between A 17 Year Old And A 10 Year Old. The Earlier Photographs Were Taken Of A 10 Year Old Kid
document This reasoning fails to distinguish between a 17 year old and a 10 year old. The earlier photographs were taken of a 10 year old kid House Oversight Committee — Epstein Estate Records (Nov 2025)

…lled what she would do. Her later appearances were made by a near-adult and were far more within her own control. The court simply ignored the argument by the 10 year old should not be bound by foolish decisions made by an ambitious mother when Brooke was too young to say no.

As Soon As The Dissent Was Published
document As soon as the dissent was published House Oversight Committee — Epstein Estate Records (Nov 2025)

there was an immediate reaction. Conservative journalists had a field day lambasting the very notion that a court could strike down as unconstitutional a long-standing punishment that is explicitly referred to in the Constitution.

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