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As Judge Aldrich Continued To Press Me About His Grandmother’s Sensibilities
document As Judge Aldrich continued to press me about his grandmother’s sensibilities House Oversight Committee — Epstein Estate Records (Nov 2025)

I was reminded of the old Jewish joke about the man with the broken watch who goes into a storefront window and asks the man behind the counter to fix his watch. “I don’t fix watches. I perform circumcisions

Following Three Days Of Intensive Argument And Questioning
document Following three days of intensive argument and questioning House Oversight Committee — Epstein Estate Records (Nov 2025)

the three judges issued a decision written by Judge Aldrich. He bought my argument totally. He began by accepting my assumption about the nature of the film:

Let’s Say 14 States Didn’t Have Any Statutes Against Bear Baiting
document Let’s say 14 states didn’t have any statutes against bear-baiting House Oversight Committee — Epstein Estate Records (Nov 2025)

and 4.5 million had watched bear baiting or the filming of bear baiting. Would that have the slightest relevance in your judgment on whether the showing of bear baiting in Boston

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

We Categorically Disapprove The Theory…That Obscene
document We categorically disapprove the theory…that obscene House Oversight Committee — Epstein Estate Records (Nov 2025)

pornographic films acquire constitutional immunity from state regulation simply because they are exhibited for consenting adults only…The States have a long-recognized legitimate interest in the quality of life and the total community environment

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 Was Preserving An Important Point For Any Jury Trial That The Students Might Have In The Future. I Would Tell The Jurors That I Had Never Seen Deep Throat Because I Had Chosen Not To
document I was preserving an important point for any jury trial that the students might have in the future. I would tell the jurors that I had never seen Deep Throat because I had chosen not to House Oversight Committee — Epstein Estate Records (Nov 2025)

and that they had never seen Deep Throat because they had chosen not to. I would argue that the right to choose not to see a film is just as important as the right to choose to see a film. Indeed

When I Arrived At Quincy House Shortly Before Eight O’clock
document When I arrived at Quincy House shortly before eight o’clock House Oversight Committee — Epstein Estate Records (Nov 2025)

a circus atmosphere prevailed. Hundreds of pickets marched outside urging potential viewers to stay away. There was some pushing and shoving. Slogans were shouted: “Freedom of the Press is not Freedom to Molest.” “Pornography is an incitement to violence.”

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

In Addition To Litigating Many Obscenity Cases
document In addition to litigating many obscenity cases House Oversight Committee — Epstein Estate Records (Nov 2025)

I have written extensively on the subject. My article “Why Pornography?” set out to determine whether there is any actual relationship between “hard-core pornography” and violence against women. It began by disputing Justice Potter Stewart’s famous line that although he could n...

This Is Not To Suggest That Justice Should Remain Blind To The Existence Of A Real Emergency Endangering The Survival Of The Nation. As Justice Arthur Goldberg Once Wrote: “While The Constitution Protects Against The Invasion Of Individual Rights
document This is not to suggest that justice should remain blind to the existence of a real emergency endangering the survival of the nation. As Justice Arthur Goldberg once wrote: “While the Constitution protects against the invasion of individual rights House Oversight Committee — Epstein Estate Records (Nov 2025)

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.

As The War Was Winding Down And The United States Was Deciding To Withdraw From Vietnam
document As the war was winding down and the United States was deciding to withdraw from Vietnam House Oversight Committee — Epstein Estate Records (Nov 2025)

the CIA was given a major role in overseeing the American evacuation. One of the highest ranking CIA agents in charge of the operation was Frank Snepp. Snepp wrote an uncensored account of his experiences—taking care

The First Amendment Emerged Victorious In The Pentagon Papers Case
document The First Amendment emerged victorious in the Pentagon Papers case House Oversight Committee — Epstein Estate Records (Nov 2025)

as it did in most of the anti-war cases of the 1970s. But this was before the age of the internet. Everything would soon be different as technology changed the sounds and sights of expression—as well as the stakes involved in the debate over disseminating massive amounts of cla...

Important As It Was As A First Amendment Precedent
document Important as it was as a First Amendment precedent House Oversight Committee — Epstein Estate Records (Nov 2025)

the Pentagon Papers case was First Amendment “child play” compared with the Wikileaks case and other current threats to national security posed by modern computer technology. The Pentagon Papers