Results for “First Hawaiian”

write and speak—even after my active teaching career at Harvard comes to an end. I am a teacher first and foremost. All of my work—classroom pedagogy

all the time. I defended other trouble-makers. I questioned everything and everybody. I may have had a Fifth Amendment right to “remain silent

which was seen by its framers largely as a bill of restrictions on the power of the national legislature—namely “Congress.” There was considerable concern that the Constitution

…e 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 absolutist who would argue that all expression—including words of extortion

” but they argue that the words of the First Amendment should not be read literally. Some argue that they must be understood in the context of the times when they were written

it is clear that not all verbal and other form of expression are protected by the First Amendment. There is widespread disagreement over what are appropriate exceptions

… a jury found Schenck guilty of attempting to cause insubordination among soldiers who had been drafted to fight in the First World War. He had circulated leaflets urging draftees not to “submit to intimidation” by fighting in a war being conducted on behalf of “Wall Street’s cho...

it is the issuance of a prior injunction to prevent speech in the first place. Prior restraint—as an injunction against speech has come to be known—is the purest form of censorship. It seeks to prevent the speech from ever reaching the public. Now

…eme Court’s continued insistence—most recently in the violent video games case—that “obscenity” is not protected by the First Amendment

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...

it will have far too much power over the content of what the media reports. 48 The First Amendment recognizes no distinction between the patriotic and unpatriotic

the speaker so deeply upsets or offends the person (or persons) to whom he is speaking that he reacts to the speech by attacking the speaker. This comes under the legal rubric of “fighting words”—words that cause the listener to fight back. The second is pro-active—that is

but I defended him on the ground that prosecuting these student censors was his duty in protecting the First Amendment:

you will rue the day that you ever thought that I would give you publicity because I will not stop condemning your organization and you know that the only condition that I will accept your case is because you have given me the freedom to argue with you

…calls and emails demanding that I sue them for defaming the Jewish people or committing a “blood libel.” But under our First Amendment only an individual can be defamed. There is no such thing as group libel. In other words you can say all you want about “the Jews