Nadine Strossen

John Marshall Harlan II Professor of Law
Former President, American Civil Liberties Union (ACLU), 1991-2008

Nadine Strossen

Nadine Strossen is the John Marshall Harlan II Professor of Law at New York Law School.  She has written, lectured, and practiced extensively in the areas of constitutional law, civil liberties, and international human rights. From 1991 through 2008 she served as president of the American Civil Liberties Union, the first woman to head the nation’s largest and oldest civil liberties organization. Professor Strossen is currently a member of the ACLU’s National Advisory Council. When Professor Strossen stepped down as ACLU President in 2008, three Supreme Court Justices (Ruth Bader Ginsburg, Antonin Scalia, and David Souter) participated in her farewell/tribute luncheon.

The National Law Journal twice named Professor Strossen one of “The 100 Most Influential Lawyers in America.” In 1996, Working Woman Magazine listed her among the “350 Women Who Changed the World 1976–1996.” In 1997, Upside Magazine included her in the “Elite 100: 100 Executives Leading The Digital Revolution.” In 1998, Vanity Fair included Professor Strossen in “America’s 200 Most Influential Women.” In 1999, Ladies’ Home Journal included her in “America’s 100 Most Important Women.” In 2005, Professor Strossen was honored by the University of Tulsa College of Law and the Tulsa Law Review, which made her scholarly work the subject of their Fifth Annual Legal Scholarship Symposium, entitled “Nadine Strossen: Scholar as Activist.”

Professor Strossen has made thousands of public presentations before diverse audiences, including on more than 500 campuses and in many foreign countries. She has commented frequently on legal issues in the national media, having appeared on virtually every national news program. She has been a monthly columnist for two online publications and a weekly commentator on the Talk America Radio Network. In October 2001, Strossen made her professional theater debut as the guest star in Eve Ensler’s award-winning play, “The Vagina Monologues,” during a week-long run at the National Theatre in Washington, D.C.

Professor Strossen’s writings have been published in many scholarly and general interest publications (more than 300 published works). Her book, Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (Scribner, 1995), was named by the New York Times as a “Notable Book” of 1995. Her coauthored book, Speaking of Race, Speaking of Sex: Hate Speech, Civil Rights, and Civil Liberties (NYU Press, 1995), was named an “outstanding book” by the Gustavus Myers Center for the Study of Human Rights in North America.

In 1986, Professor Strossen became one of the first three women to receive the U.S. Jaycees’ Ten Outstanding Young Americans Award; she was also the first American woman to win the Jaycees International’s The Outstanding Young Persons of the World Award. Professor Strossen has received honorary Doctor of Law degrees from the University of Rhode Island, the University of Vermont, San Joaquin College of Law, Rocky Mountain College, the Massachusetts School of Law, and Mount Holyoke College. Other awards include: the Women of Distinction award from the Women’s League for Conservative Judaism, the Media Institute’s Freedom of Speech Award, the Free Speech Coalition’s Freedom Isn’t Free Award, the National Council of Jewish Women’s Women Who Dared Award, the Jewish Council for Public Affairs Albert D. Chernin Award, and the National Forensic League’s Lifetime Achievement Award. Professor Strossen is a member of the Council on Foreign Relations.

Professor Strossen graduated Phi Beta Kappa from Harvard College (1972) and magna cum laude from Harvard Law School (1975), where she was an editor of the Harvard Law Review. Before becoming a law professor, she practiced law for nine years in Minneapolis (her hometown) and New York City.

Professor Strossen is married to Eli M. Noam, a chaired professor in the Department of Economics and Finance at Columbia University’s Graduate School of Business and founding director of the Columbia Institute for Tele-Information. They have residences in Manhattan and New Milford, Connecticut.

Defending Pornography: Free Speech & the Fight for Women’s Rights. Simon & Schuster Trade, 1994; paperback edition, Anchor/Doubleday, 1995; British edition, Little Brown/Abacus, 1996; Italian edition, Castelvecchi, 1996. Translated into German, Zur Verteidigung der Pornographie: Fur die Freiheit des Wortes, Sex und die Rechte der Frauen. Haffmans Verlag, 1997; paperback edition, New York University Press, 2000.
Speaking of Race, Speaking of Sex: Hate Speech, Civil Rights, & Civil Liberties. New York University Press, 1994 (with H.L. Gates, Jr., A.P. Griffin, D.E. Lively, R.C. Post, W.B. Rubenstein & I. Glasser); paperback edition, New York University Press, 1996.
“Lawyers Under Fire: Attacks on Human Rights Attorneys in the Philippines.” Lawyers Committee for Human Rights, Asia Watch, 1988 (with N. Dorsen).
Introduction. Our Supreme Court: A History with 14 Activities (R. Panchyk, ed., Chicago Review Press, 2007).
Foreword to Marty Klein, America’s War on Sex: The Attack on Law, Lust and Liberty xi-xvi (Praeger Publishers, Westport, CT, 2006).
Foreword to Roger Libby, The Naked Truth About Sex: A Guide to Intelligent Sexual Choices for Teenagers and Twentysomethings (Freedom Press, 2006).
“Terrorism’s Toll on Civil Liberties,” Chapter in The Trauma of Terrorism: Sharing Knowledge and Shared Care, an International Handbook at 365 (The Haworth Maltreatment & Trauma Press, 2005) (Yael Danieli et al, eds).
Foreword to Defending the First: Commentary on First Amendment Issues at vii-xiii (J. Russomanno, ed., Lawrence Erlbaum Associates Inc, 2005).
“Everyone Is Watching You,” Chapter 9 in Contemporary & Classic Arguments at 155-161 (S. Barnet & H. Bedau, Bedford/St. Martins, 2005).
“Privacy: What Are Its Limits?” in Contemporary & Classic Arguments at 155-157 (Sylvan Barnet & Hugo Bedau, eds., Bedford/St. Martin’s, 2005).
“The Perils of Pornophobia,” in Conversations : Readings for Writing 5th ed. at 538–543 (Jack Selzer. ed., Longman, 2003) reprint of 55 The Humanist 7–9 (May/June 1995).
“Conservatives and Liberals Unite to Conserve Liberty and Security”, in It’s A Free Country: Personal Freedom in America after September 11 at 52–68 (D. Goldberg, V. Goldberg & R. Greenwald, eds., RDV Books, 2002).
“Everyone Is Watching You,” Chapter 19 in Current Issues and Enduring Questions: A Guide to Critical Thinking and Argument, with Readings 6th ed. at 680–682 (S. Barnet & H. Bedau, eds., Bedford/St. Martin’s, 2002).
“Liberty and Equality: Complementary, Not Competing, Constitutional Commitments,” Chapter 9 in Litigating Rights: Perspectives from Domestic and International Law at149–185 (G. Huscroft & P. Rishworth, eds. 2002.)
“On Pornography: Lessons from Enforcement,” Chapter in Liberty for Women: Freedom and Feminism in the Twenty-first Century at 45–70 (W. McElroy, ed., Ivan R. Dee, 2002).
“Protecting both National Security and Person Liberty: A Post 9/11 American Perspective,” Chapter in Innere Sicherheit at 65–81 (R. Otte, ed., Humanistische Union, Germany, 2002) (translated into German).
“Transcriptof National Public Radio debate between Nadine Strossen and Bruce Taylor, Executive Director of the National Law Center for Children and Families, hosted by Margot Adler,” Chapter in Justice Talking: Censoring the Web (New Press, 2002).
Foreword to The Government vs. Erotica: The Siege of Adam and Eve, by P. D. Harvey. (Prometheus Books, 2001).
Comments on the Memorandum in Protecting Our Children on the Internet: Towards a New Culture of Responsibility at 112-120 (M. Machill & J. Waltermann eds., Bertelsmann Foundation Publishers, 2000).
“Cybercrimes v. Cyberliberties,” Chapter 19 in Cyberspace Crime at 305–318 (Wall, D., ed., Ashgate, 2003) reprint of 14 International Review of Law Computers & Technology 11– 24 (2000).
“Regulating Racist Speech on Campus: A Modest Proposal?” Chapter 19 in Educational Theory: Philosophical and Political Perspectives at 333–371, edited by E. Wall. Prometheus Books, 2000.
Also printed as Chapter in Hate Speech on Campus: Cases, Case Studies, and Commentary, 289–309, edited by M. Heumann & T.W. Church. Northeastern University Press, 1997.
“Sexually Oriented Expression,” Chapter 9 in The Internet Law and Society at 207–230 (Y. Akdeniz, C. Walker& D. Wall eds., Pearson Education, 2000) (with Y. Akdeniz).
“Speech and Privacy,” Chapter in The Rule of Law in the Wake of Clinton at 69–83, (R. Pilon ed., CATO Institute, 2000).
“The Perils of Pornophobia,” in Taking Sides: Clashing Views on Controversial Issues in Human Sexuality (6th Ed.), 223–27 (R.T. Francoeur & W.J. Taverner eds., McGraw–Hill, 1998). Reprinted in Read, Reason, Writeat 394-98 (D.U. Seyler ed., McGraw- Hill, 1999).
“Defending Pornography” in The Lanahan Readings in Civil Rights and Civil Liberties at 86–90 (D.M. O’Brien ed., Lanahan Publishers, 1999).
Essay in Speaking Out! Voices in Celebration of Intellectual Freedom at 58–59 (A.K. Symons & S.G. Reed eds., ALA. 1999).
Forwardto Porn 101: Eroticism, Pornography, and the First Amendment, at 13-28 (J. Elias, V. D. Elias, et al., eds., Prometheus Books 1999).
“Freedom of Speech for All — Including Comic Books!” Chapter in Free Speeches, at 4–24 (The Comic Book Legal Defense Fund and Oni Press, Inc., 1998).
“Academic and Artistic Freedom.” Chapter in Ethics and Information Technology: Readings at 45–63 (R.N. Stichler & R. Hauptman eds., McFarland, 1998).
“Censoring Pornography Would Not Benefit Women,” in Pornography: Opposing Viewpoints at 98–103 (C. Wekesser ed., Greenhaven Press, 1997).
“Pornography Can Benefit Society.” in Pornography: Opposing Viewpointsat 28–35 (C. Wekesser ed., Greenhaven Press, 1997).
“Should Media Sex and Violence Be Censored or Censured?” Contemporary American Speeches: A Sourcebook of Speech Forms and Principles. 8th ed., at 332–351 (R.L. Johannesen ed. Kendall/Hunt Publishing, 1997) (also included on CD-ROM accompanying 9th ed., 2000).
“Censorship,” in The Reader’s Companion to U.S. Women’s History at 79-81 (Wilma Mankiller, Gloria Steinem, et al., eds., Houghton Mifflin 1998).
Foreword to Walter: My Secret Life (German translation published by Haffmans Verlag, 1997).
“Why Censoring Pornography Would Not Reduce Discrimination or Violence Against Women,” in Women, Men, and Gender: Ongoing Debates at 70–179, (M.R. Walsh ed., Yale University Press, 1997).
“A Feminist Critique of ‘The’ Feminist Critique of Pornography,” in Applications of Feminist Legal Theory to Womens’ Lives, 131–149 (D. K. Weisberg ed. Temple University Press, 1996).
“First Amendment and Civil Liberties Traditions of Academic Freedom.” Chapter 6 in Advocacy in the Classroom: Problems and Possibilitiesat 71–83, edited by P.M. Spacks. St. Martin’s Press, 1996.
“Freedom of Speech in the Warren Court.” Chapter 5 in The Warren Court: A Retrospective at 68–84 (B. Schwartz ed., Oxford University Press, 1996).
“The Right to Be Let Alone: Constitutional Privacy: Griswold, Roe, and Bowers,” Chapter 5 in Benchmarks: Great Controversial Supreme Court Casesat 87–116 (T. Eastland ed., Ethics & Public Policy Center / Eerdmans Publishing, 1995).
“Enforcing International Human Rights Law in the United States.” Chapter in Human Rights: An Agenda for the Next Century, edited by L. Henkin & J.L. Hargrove. American Society of International Law, 1994 (with P.L. Hoffman).
“Translating a Bill of Rights’ Paper Guarantees Into Meaningful Human Rights Protections” in Interpreting a Bill of Rights (J. Kruger & B. Currin eds., JUTA 1994).
“U.S. Press Law, in Press Law and Practice: A Comparative Study of Press Freedom.” In European and Other Democracies at 192–216 (S. Coliver, P. Merlow & A. Naughton eds., Article 19, International Centre Against Censorship, 1993).
“Balancing the Rights to Freedom of Expression and Equality: A Civil Liberties Approach to Hate Speech on Campus,” Chapter 32 in Striking a Balance: Hate Speech, Freedom of Expression and Non-Discrimination,at295–312. Article 19, International Centre Against Censorship, 1992.
“Political Correctness: Avoiding Extremism in the PC Controversy,” in Visions of the First Amendment for a New Millennium: Americans Speak Out On the Future of Free Expressionat14–46 (Annenberg Washington Program, Communications Policy Studies & Northwestern University, 1992).
“The Religion Clause Writings of Justice William O. Douglas,” in He Shall Not Pass This Way Again: The Legacy of Justice of William O. Douglas at 91–107 (S.L. Wasby, ed., University of Pittsburgh Press, 1990).
“Freedom and Fear Post 9/11: Are We Again Fearing Witches and Burning Women?” (Leo. C. Goodwin Symposium: Tilting the Scales: The Changing Rules of Women in the Law and Legal Practice), 31 Nova Law Review 279-314 (2007).
“Reflections on the Law Review Symposium on Women’s Rights and Pornography: Big Sister, Big Brother, and the Role of Legal Scholarship in Affirming Human Rights” (New York Law School Faculty Presentation Day III), 51 New York Law School Law Review 747 -759 (2006-2007).
“Is Minnesota Progressive? A Focus on Sexually Oriented Expression” (Symposium: Minnesota Progressive), 33 William Mitchell Law Review 51-115 (2006).
“Religion and the Constitution: A Libertarian Perspective” (2005-2006 Annual B.Kenneth Simon Lecture), Cato Supreme Court Review 7-49 (2006).
“Tribute to Justice Antonin Scalia” (Dedication to Justice ), 62 New York University Annual Survey of American Law 1-9 (2006).
“Reproducing Women’s Rights: All Over Again,” 31 Vermont Law Review 1-38 (2006).
“Safety and Freedom: Common Concerns for Conservatives, Libertarians, and Civil Libertarians,” 29 Harvard Journal of Law and Public Policy 73-83 (2005).
“Terrorism’s Toll on Civil Liberties,” 9 Journal of Aggression, Maltreatment, & Trauma 3-4 (2005).
“What Role Religion Should Play (Or Not Play) In Our Public Policy” (Symposium: World Views Collide), 23 Thomas M. Cooley Law Review 131-147 (2005).
Panel Presentation Transcript: “Free Speech in Wartime – Theoretical and Practical Perspectives” (Symposium: Free Speech in Wartime), 36 Rutgers Law Journal 927-938 (2005).
“Reflections on the Essential Role of Legal Scholarship in Advancing Causes of Citizen Groups” (New York Law School Faculty Presentation Day II), 49 New York Law School Law Review 505-524 (2004-2005).
Excerpted Remarks of Nadine Strossen, University of the District of Columbia David A. Clarke School of Law Review 209-216 (2004).
“Suspected Terrorists One and All: Reclaiming Our Civil Liberties in Coalition,” 2 Seattle Journal of Social Justice 15–21 (2003).
“Law Enforcement Post 9/11: Balancing Civil Liberties and Public Safety, Remarks at the Federalist Society Showcase Panel II (Nov. 2002),” Engage (July 2003).
“In Praise of the Rule of Law, the Role of Judges, and the Right to Shop” (Introduction to the Judge Jon O. Newman: A Symposium Celebrating His Thirty Years on the Federal Bench and an Occasion to Reflect on the Future of Copyright, Federal Jurisdiction, and International Law), 46 New York Law School Law Review 1–6 (2002–2003).
“Maintaining Human Rights in a Time of Terrorism: A Case Study in the Value of Legal Scholarship in Shaping Law and Public Policy” (Special Issue: Reflecting on the Legal Issues of Our Times. New York Law School Faculty Presentation Day), 46 New York Law School Law Review 373–393 (2002–2003).
“First Amendment Roundup: Freedom of Speech, Expression and Association and the Recent Rehnquist Court,” 2 Engage: The Journal of the Federalist Society’s Practice Groups 120-134 (Nov. 2001) (with Walter Dellinger, Duke Univ. Law Professor and former U.S. Solicitor General, and Ken Starr, former Independent Counsel and former U.S. Solicitor General).
“Incitement to Hatred: Should There Be a Limit?” 25 Southern Illinois University Law Journal 243–280 (2001).
“Introduction (Harry H. Wellington Festschrift Issue),” 45 New York Law School Law Review 1–3 (2001).
“Protecting Privacy and Free Speech in Cyberspace (Symposium: ‘The Unwanted Gaze’ by Jeffrey Rosen),” 89 Georgetown Law Journal 2103–2115 (2001).
“Tribute to Norman Dorsen,” 58 New York University Annual Survey of American Law35-38 (2001)
“Current Challenges to the First Amendment (William O. Douglas Lecture),” 36 Gonzaga Law Review 279–303 (2000–01).
“Cybercrimes v. Cyberliberties.” 14 International Review of Law Computers & Technology 11–24 (2000).
“Keeping the Constitution Inside the Schoolhouse Gate: Students’ Rights Thirty Years After Tinker v. Des Moines Independent Community School District (Constitutional Law Symposium),” 48 Drake Law Review 445–472 (2000).
“A Comment on Redish and Kaludis’s The Right of Expressive Access in First Amendment Theory (Symposium: Free Speech and Economic Power),” 93 Northwestern University Law Review 1135–1142 (1999).
“Delegation as a Danger to Liberty (Symposium: The Phoenix Rises Again: The Nondelegation Doctrine from Constitutional and Policy Perspectives),” 20 Cardozo Law Review 861–870 (1999).
“The Future of an Illusion: Reconstituting Planned Parenthood v. Casey,” 16 Constitutional Commentary 587–593 (1999) (with R. K.L. Collins).
“Tribute to Justice William J. Brennan,” 60 University of Pittsburgh Law Review 315–320 (1999).
“The Carefully Orchestrated Campaign (Symposium: Perspectives on ‘Partial-Birth Abortions’),” 3 NEXUS: A Journal of Opinion 3–36 (1998) (with C. Borgmann).
“Foreword (Symposium: Should Cyberspace Be a Free Speech Zone?: Filters, ‘Family Friendliness,’ and the First Amendment),” 15 New York Law School Journal of Human Rights i–x (1998).
“Lisa Herdahl and Religious Liberty,” 46 Cleveland State Law Review 289–301 (1998).
“Megan’s Law and the Protection of the Child in the On-Line Age,” 35 American Criminal Law Review 1319–1341 (1998) (with E. Allen).
Essay, “Students’ Rights and How They are Wronged,” 32 University of Richmond Law Review 457–475 (1998).
“Freedom For Speech,” 1 University of Pennsylvania Journal of Constitutional Law (1998).
“Children’s Rights vs. Adult Free Speech: Can They Be Reconciled?” 29 Connecticut Law Review 873–882 (1997).
“The Current Assault on Constitutional Rights and Civil Liberties: Origins and Approaches (The Edward G. Donley Memorial Lecture),” 99 West Virginia Law Review 769–809 (1997).
“Foreward (Symposium: Critical Perspectives on Megan’s Law: Protection vs. Privacy),” 13 New York Law School Journal of Human Rights i–vii (1997).
“Foreword (Symposium: Finding a Path to Gender Equality: Legal and Policy Issues Raised by All-Female Public Education),” 14 New York Law School Journal of Human Rights i–xx (1997).
“Introduction (Symposium: Critical Perspectives on Megan’s Law: Protection vs. Privacy),” 13 New York Law School Journal of Human Rights 1–7 (1997).
“Introduction and Overview: International Obligations and Prospects for the Legal Regime in Hong Kong After July 1 (Symposium: Hong Kong: Preserving Human Rights and the Rule of Law),” 12 American University Journal of International Law and Policy 366, 367–371 (1997).
“Religion and Politics: A Reply to Justice Antonin Scalia,” 24 Fordham Urban Law Journal 427–474 (1997).
“Women’s Rights Under Siege,” 73 North Dakota Law Review 207–230 (1997).
“Criticisms of Federal Counter-Terrorism Laws (Symposium: Justice and the Criminal Justice System),” 20 Harvard Journal of Law & Public Policy 531–541 (1996).
“Due Process Rights of Public School Students,” 1996 Michigan Law & Policy Review 315– 323.
“Federalism and Judicial Mandates (Transcript: The Goldwater Institute and the Federalist Society Panel Discussion: The Due Process Revolution),” 28 Arizona State Law Journal 83–95 (1996).
“Hate Speech and Pornography: Do We Have to Choose Between Freedom of Speech and Equality?” 46 Case Western Reserve Law Review 449–478 (1996).
“Introduction: Dialogue on the Solomon Lecture: Politics and the Rehnquist Court,” 40 New York Law School Law Review 855–862 (1996).
“Free Press and Fair Trial: Implications of the O.J. Simpson Case,” 26 University of Toledo Law Review 647–654 (1995).
“National Health Care: Will Big Brother’s Doctor Be Watching Us? (Symposium: The Federalist Society: Reinventing Self-Government: Can We Still Have Limits on National Power?),” 4 Cornell Journal of Law and Public Policy 438–445 (1995).
“How Much God in the Schools? A Discussion of Religion’s Role in the Classroom,” 4 William & Mary Bill of Rights Journal 607–638 (1995).
“The Tensions Between Regulating Workplace Harassment and the First Amendment: No Trump (The Kenneth M. Piper Lecture),” 71 Chicago-Kent Law Review 701–727 (1995).
“Transcript (Symposium: Do We Have a Conservative Supreme Court? Federalist Society Roundtable Discussion),” 1994 Public Interest Law Review 125–148 (with R.H. Bork, T. Dyk, J.O. McGinnis & T.B. Olson).
“Civil Liberties,” 4 George Mason University Civil Rights Law Journal 253–273 (1994).
“In Defense of Freedom and Equality: The American Civil Liberties Union Past, Present, and Future,” 29 Harvard Civil Rights-Civil Liberties Law Review 143–158 (1994).
“A Feminist Critique of ‘The’ Feminist Critique of Pornography,” 79 Virginia Law Review 1099–1190 (1993).
“Preface: Fighting Big Sister For Liberty and Equality (Symposium: The Sex Panic: Women, Censorship and ‘Pornography’),” 37 New York Law School Law Review 1–8 (1993).
“Pro Bono Legal Work: For the Good of Not Only the Public, but Also the Lawyer and the Legal Profession (Symposium: Legal Education),” 91 Michigan Law Review 2122–2149 (1993).
“Blaming the Victim: A Critique of Attacks on Affirmative Action,” 77 Cornell Law Review 974–979 (1992).
“Liberty, Equality and Democracy: Three Bases for Reversing the Minnesota Supreme Court’s Ruling (Symposium: Hate Speech After R.A.V.: More Conflict Between Free Speech and Equality?),” 18 William Mitchell Law Review 965–969 (1992).
“Regulating Workplace Sexual Harassment and Upholding the First Amendment – Avoiding a Collision (Symposium: Hate Speech and the First Amendment: On a Collision Course?),” 37 Villanova Law Review 757–785 (1992).
“The Supreme Court’s Role: Guarantor of Individual and Minority Group Rights,” 26 University of Richmond Law Review 467–470 (1992).
“Thoughts on the Controversy Over Politically Correct Speech,” 46 Southern Methodist University Law Review 119–144 (1992).
“United States Ratification of the International Bill of Rights: A Fitting Celebration of the Bicentennial of the U.S. Bill of Rights,” 24 University of Toledo Law Review 203–230 (1992).
“What Constitutes Full Protection of Fundamental Freedoms? (The Bill of Rights After 200 Years: The Tenth Annual National Federalist Society Symposium on Law and Public Policy),” 15 Harvard Journal of Law & Public Policy 43–51 (1992).
“The American Civil Liberties Union and Women’s Rights (Centennial Celebration: A Tradition of Women in the Law),” 66 New York University Law Review 1940–1961 (1991).
“American’s Love-Hate Relationship with the Bill of Rights (Celebrating the Bicentennial of the Bill of Rights in Honor of the Centennial of the Detroit College of Law),” 1991 Detroit College of Law Review 1181–1196.
“Justice Brennan and the Religion Clauses (Dyson Distinguished Lecture: Justice Brennan: Foundation for the Future),” 11 Pace Law Review 491–508 (1991).
“Justice Harlan and the Bill of Rights: A Model for How a Classic Conservative Court Would Enforce the Bill of Rights (New York Law School Centennial Conference in Honor of Justice John Marshall Harlan),” 36 New York Law School Law Review 133–154 (1991).
“Michigan Department of State Police v. Sitz: A Roadblock to Meaningful Judicial Enforcement of Constitutional Rights,” 42 Hastings Law Journal 285–390 (1991).
“Introduction (Symposium: 1989 Supreme Court Decisions—Employment Discrimination and Affirmative Action: Have Civil Rights Been Eroded?),” 7 New York Law School Journal of Human Rights 1–8 (1990).
“Recent U.S. and International Judicial Protection of Individual Rights: A Comparative Legal Process Analysis and Proposed Synthesis,” 41 Hastings Law Journal 805–904 (1990).
“Regulating Racist Speech on Campus: A Modest Proposal (Frontiers of Legal Thought II: The New First Amendment),” 1990 Duke Law Journal 484–573. Reprinted in Hate Speech on Campus: Cases, Case Studies, and Commentary, 289–309 (M. Heumann & T.W. Church, eds.). Northeastern University Press, 1997.
“The Real ACLU,” 2 Yale Journal of Law & Feminism 161–187 (1989) (with M.E. Gale).
“The Fourth Amendment in the Balance: Accurately Setting the Scales through the Least Intrusive Alternative Analysis,” 63 New York University Law Review 1173–1267 (1988).
Book Review of Democratic Education, by Amy Gutman, 19 Journal of Law and Education 147–159 (1990).
Book Review of Women Against Censorship, by Varda Burstyn, 62 New York University Law Review 147–159 (1987).
“A Constitutional Analysis of the Equal Access Act’s Standards Governing Public School Student Religious Meetings,” 24 Harvard Journal on Legislation 117–190 (1987).
“‘Secular Humanism’ and ‘Scientific Creationism’: Proposed Standards for Reviewing Curricular Decisions Affecting Students’ Religious Freedom (Symposium: The Tension Between the Free Exercise Clause and the Establishment Clause of the First Amendment),” 47 Ohio State Law Journal 333–407 (1986).
“A Defence of the Aspirations—But Not the Achievements—Of the U.S. Rules Limiting Defamation Actions by Public Officials or Public Figures,” 15 Melbourne University Law Review 419–437 (1985).
“A Framework for Evaluating Equal Access Claims by Student Religious Groups: Is There A Window for Free Speech in the Wall Separating Church and State?” 71 Cornell Law Review 143–183 (1985).
“Mass Investigations Without Individualized Suspicion: A Constitutional and Policy Critique of Drunk Driving Roadblocks,” 18 University of California-Davis Law Review 595–680 (1985) (with J.B. Jacobs).
Columnist, The Position (Editorial Opinions), available from (2001– ).
“ACLU’s Internal Issues Don’t Hurt Mission,” USA Today (Letter to the Editor, responding to June 13, 2006 op-ed by Nat Hentoff), June 19, 2006.
“The ACLU’s Position on the Patriot Act,” Wall Street Journal (Letter to the Editor, responding to Oct. 21, 2004 op-ed by Viet Dinh), November 2, 2004, at A23.
Keynote Address (August 5, 2004), Building Our Own Iron Curtain: The Emergence of Secrecy in American Government, Society of American Archivists 6th Annual Meeting.
“Religious Liberty,” 2 Voice of Reason: The Newsletter of Americans for Religious Liberty 87, 2-7 (2004).
Written Statement at a Hearing Before the United States Commission on Civil Rights, 1-18 (2004) (with Timothy H. Edgar, ACLU Legislative Counsel).
Written Statement at a Hearing on “Security and Liberty,” before the National Commission on Terrorist Attacks Upon the United States, 1-15 (2003) (with Timothy H. Edgar, ACLU Legislative Counsel).
“Court Strategy Panel” (Symposium: Summit: Taking the Offensive), 40 San Diego Law Review 115, 124-176 (2003).
“Preserving Safety and Freedom Post 9-11” (Address to the Counter-Terrorism & Civil Liberties Conference, March 19, 2003), 1 Journal of the Institute of Justice and International Studies 1-7 (2003).
“A Conversation with Nadine Strossen” (Article responding to “Does the Constitution Protect Pornography?”), PRO/CON, 154-57 (2003).
“The ACLU’s Position on the Patriot Act” (Letter to the Editor, responding to Oct. 21, 2004 op-ed by Viet Dinh), Wall Street Journal, November 2, 2004, at A23.
Occasional Paper, “Civil Liberties in the Wake of the September 11 Attacks: A Conversation with Nadine Strossen” (Based on the Annual Constitution Address sponsored by The Clarke Center, which Nadine Strossen delivered on October 3, 2001), The Clarke Center at Dickinson College, No. 13 — Contemporary Issue Series (2002).
“The Expert’s Eye,” 26 National Law Journal S2 (October 20, 2003).
Essay in Eight Blocks Away: Memoirs of September 11, 2001 at 191–193 (New York Law School, 2002).
“The Next Century: Should Government Fund Religious-Based Programs?” Christian Networks Journal, Fall 2002, at 44.
“Protecting Dr. King’s Legacy: Justice and Liberty in the Wake of September 11th,” Testimony before Congressman John Conyers’ Forum on National Security and the Constitution, Committee on the Judiciary, U.S. House of Representatives, Jan. 24, 2002.
“Square Off: Is Online Privacy Under Attack?” Optimize Magazine, January 2002, at 13-16 (with B. Steinhardt).
“Threat to Privacy in a Driver’s License,” New York Times (Letter to the Editor) May 2, 2002, at A26 (co-authored).
“Address to Colorado Trial Lawyers,” 51 Trial Talk 40–45 (December 2001/January 2002).
“The Massive, Secretive Detention and Dragnet Questioning of People based on National Origin in the Wake of September 11th,” testimony submitted to the Senate Judiciary Committee, Dec. 4, 2001.
“National ID Cards: License to Discriminate” (Letter to the Editor), Washington PostNovember 6, 2001, at A22.
“Let Me Free: Die Amerikanische Laisser-faire-Politik und das Internett” Bertelsmann Briefe, 37–41 (Summer 2001).
“Attaining Liberty, Contribution to ‘The Presidential Reading List.’” Reason Magazine, 55, December 2000.
“Books for Christmas: Annual List of Holiday Gift Suggestions From Distinguished Readers and Writers,” The American Spectator, December 1999/January 2000.
“A Case for Reproductive Freedom,” The Radcliffe Quarterly, 9, Spring 2000.
Columnist, Intellectual Capital, Editorial Opinions available from (1996–2000). Over 40 opinion columns; many columns archived at
“A First Amendment Conversation,” ALA Newsletter on Intellectual Freedom, November 1999.
“At Issue: Should Americans be Willing to Give up Some of Their Privacy in Order to Advance Policies that are generally Perceived to be in Society’s Best Interests?” Congressional Quarterly Researcher, March 21, 1997, 257 (with Amitai Etzioni).
“We Can Do Better” (Letter to the Editor), New York Times April 7, 1993, at A22 (with Ira Glasser).
2000 Columns:
“Crying for the New Town Criers.” (January 27, 2000).
“In Praise of Religious Tolerance.” (March 23, 2000).
“Joseph K. in America.” (May 18, 2000).
“Moderated Discussion: Time to Turn off the ‘Machinery of Death?’” (June 15, 2000).
“Moderated Discussion: Using What We Know.” (July 13, 2000).
“Read My Scripts.” (February 24, 2000).
“The Wrongs of Victims’ Rights.” (April 20, 2000).
“Comments on the Memorandum.” In Protecting Our Children on the Internet; Towards a New Culture of Responsibility, 112–120, (M. Machill & J. Waltermann, eds.). 2000.
“Freedom of Speech: Issues for a New Election and a New Century (Campaign 2000).” 14 Media Studies Journal 26–35 (2000).
“Introduction of Justice Ruth Bader Ginsburg (New York Law School Law Review Dinner, February 12, 1999).” 44 New York Law School Law Review 1–5 (2000).
“Remarks (Symposium: Law/Media/Culture: Legal Meaning in the Age of Images).” 43 New York Law School Law Review 661–663 (2000).
Columnist, Intellectual Capital (Editorial Opinions). Available from (1996–2000). Over 40 opinion columns; many columns archived at
1999 Columns:
“The Anti-abortion Assault Continues.” (October 28, 1999).
“Amen to Religious Liberty.” (September 2, 1999).
“Black America and the Right to Vote.” (May 20, 1999).
“Bringing the Constitution to Life.” (December 23, 1999).
“Everybody Wants to Know Your Genes.” (March 25, 1999).
“Florida’s ‘A+ Plan’ for School Vouchers Deserves an ‘F’.” (July 22, 1999).
“Is This Content Protected?” (February 18, 1999).
“A Long, Cold Winter.” (January 21, 1999).
“My So-called Rights.” (September 30, 1999).
“My Top ‘Top 10’ List.” (December 2, 1999).
“Some Uncensored Thoughts on the ‘Flag Desecration’ Amendment.” (June 17, 1999).
“Keep ‘Em Separated: Government Should Neither Favor nor Disfavor Spiritual Pursuits.” Honolulu Weekly 7–9, March 10, 1999 (exchange with Ralph Reed on “The Freedom to Differ”).
Participant, “Contemporary Challenges to Privacy Rights (Panel Discussion) (Conference: Remembering and Advancing the Constitutional Vision of Justice William J. Brennan, Jr.).” 43 New York Law School Law Review 195–221 (1999) (with N. Hunter, J. Rubenfeld, & W.N. Eskridge).
Participant, “A Dialogue on Rights (Panel Discussion).” 1999 New Zealand Law Review 547–560 (with I. Binnie, A. Scalia, H. Charlesworth, E. Evatt & G. Huscroft).
“A First Amendment Conversation.” ALA Newsletter on Intellectual Freedom 155–156, 175, 185. November 1999.
“Women Don’t Need Protection from Words.” Penthouse Magazine 84–85, March 1999.
“Academic Freedom And What Limits, If Any, Can Be Placed On It, Contribution to Conversations at New Paltz: Volume I: Academic Freedom/Free Expression at 10–14.” Conference Proceedings, SUNY New Paltz, April 30, May 1, 1998.
“Breakfast Table.” Slate Magazine, September 21–24, 1998 (exchange with Judge Alex Kozinski, U.S. Court of Appeals for the Ninth Circuit). Available from
Columnist, Intellectual Capital (Editorial Opinions). Available from (1996– 2000). Over 40 opinion columns; many columns archived at
1998 Columns:
“An Immoral Affront to Our Democracy.” (December 24, 1998).
“Everyone is Watching You.” (May 28, 1998).
“Filtering Out the Truth.” (January 1, 1998).
“Food for Thought — and Speech.” (February 26, 1998).
“The People vs. Larry Flynt.” (April 23, 1998).
“Pro & Con: False Choices.” (December 3, 1998).
“Roe v. Wade: A ‘Fortress’ Under Assault.” (January 29, 1998).
“Schoolgirls, Sex, and Speech.” (June 18, 1998).
“Time for More Good News.” (March 26, 1998).
“Freedom for the Thought that We Hate.” 113 LM (UK) 16–19,
September 1998. Reprinted “Freiheit Fur die Ansichten.” 36 Die Wir Hassen Novo (Germany) 43–46, September 10, 1998.
“Looking for the Corpus.” Book Review of Render Up the Body, by Marianne Wesson. 1 Jurist: Books-on-Law, December 1998. Available from
“Zensur im Internet? Lasst die Verbraucher entscheiden! (‘Censor the Internet? Let the Buyer Beware!’).” 140 Bertelsmann Briefe 24–26, Winter 1998.
“Censorship.” Entry in Reader’s Companion to U.S. Women’s History, 79–81 (W. Mankiller, G. Mink, M. Navarro, B. Smith & G. Steinem, eds.). Houghton Mifflin, 1998.
“High Court Shortchanged Privileges and Immunities Clause in 1873.” 111 Los Angeles Daily Journal 6 (June 5, 1998).
“A Reform That Endangers Free Speech.” Washington Post at A19 (July 6, 1998) (with I. Glasser & L.W. Murphy).
“At Issue: Should Americans be Willing to Give Up Some of Their Privacy to Advance Policies That Are Generally Perceived to be in Society’s Best Interest?” 7 The CQ Researcher 257 (March 21, 1997).
Columnist, Intellectual Capital (Editorial Opinions). Available from (1996– 2000). Over 40 opinion columns; many columns archived at
1997 Columns:
“Bang the Tin Drum No More.” (July 17, 1997).
“Burning Down the Net.” (October 2, 1997).
“Check Your Luggage and Liberties.” (August 7, 1997).
“Giving Up the Props.” (March 20, 1997).
“A New Kind of Judicial Activism.” (February 20, 1997).
“Political Courage: No One Fits the Profile Anymore.” (October 30, 1997).
“Pro & Con: A Decision for the People — Not the Courts.” (January 16, 1997).
“Pro & Con: Just Cause: Why We Need an Independent Judiciary.” (April 17, 1997).
“Pro & Con: Strange Bedfellows, Serious Business.” (June 19, 1997).
“The Real Christmas Spirit.” (November 27, 1997).
“RIP: Rest in Privacy?” (September 4, 1997).
“Why Not Supreme Court TV?” (May 15, 1997).
“Fighting to Save the First Amendment.” Honolulu Weekly 5–7, April 9–15, 1997.
Foreword, Walter: Mein Geheimes Leben (German translation of Walter: My Secret Life) i–xi. Haffmans Verlag, 1997.
“Is an Activist Federal Judiciary Undermining American Democracy?” Insight Magazine (March 1997).
“Precious Protections in Peril.” Los Angeles Daily News V1 (Viewpoint), October 12, 1997.
“Quota Czars.” The Journal of American Citizenship Policy Review 3 (September–October 1997).
“Regulating Cyberspace: What Are the Concerns of the Business Community and Civil Libertarians?” 64 Vital Speeches 153–157, December 15, 1997.
“Streitfall Porno: Amerikas Feministinnen Debattieren uber Zensur und Meinungsfreiheit.” Speigel (Special Edition: Liebe, Laster, Literaten) (October, 1977).
“Why the American Civil Liberties Union Opposes CampusHate Speech Codes.” 10 Academic Questions 33–40 (1997).
“Big Sister and the Threat to Women’s Freedom.” Scotland on Sunday 16, February 4, 1996.
Columnist, Intellectual Capital (Editorial Opinions). Available from (1996– 2000). Over 40 opinion columns; many columns archived at
1996 Columns:
“An Endangered Holiday.” (December 19, 1996).
“Down With Curfews: Up With Children.” (November 21, 1996).
“The Politicizing of the Judiciary.” (October 17, 1996).
“Beware of the Health Care ‘Trojan Horse.’” (September 19, 1996).
“Don’t Let Terrorism Win.” (August 29, 1996).
“Clinton’s Privacy Invasions.” (August 1, 1996).
“ACLU v. Reno.” (July 4, 1996).
“The Communications Decency Act and the Role of the Internet and Free Speech in Shaping Public Policy.” Reinventing America (On-Line Essay). Available from (August 14, 1996).
“No Safer, But a Little Less Free.”Washington Post, at A23 (September 2, 1996).
“Regulating the Internet: Should Pornography Get a Free Ride on the Information Superhighway? (A Panel Discussion).” 14 Cardozo Arts & Entertainment Law Journal 343, at 363–374, 381, 383, 385 (1996).
“Slouching Towards Gomorrah: The Politicizing of the Judiciary.” Intellectual Capital (Editorial Opinions). Available from (October 17, 1996).
“Symposium: Are School Voucher Programs for Parochial Schools a Good Idea? NO.” Insight Magazine 25–27, August 12, 1996.
“Big Sister is Watching You.” The Advocate, November 14, 1995, at 62.
“Diverting Tactics.” 24 Index on Censorship 104–107 (September/October 1995).
“The Perils of Pornophobia.” 55 The Humanist 7–9 (May/June 1995).
Reprinted in 2 Suffusion 9–11 (February 1996).
“How Free is Speech Today?” II (1) The Defender 13 (March 1995) (with C. Bolick, E. Cleary & N. Forrester).
“In Defense of Pornography.” Cosmopolitan, April 1995, at 56.
“In Defense of Pornography: Feminists Have Gone Too Far in Their Clamor for Censorship.” USA Today (Opinion USA), at 9A (January 12, 1995).
“Swept Away in Sexual Panic.” Cosmopolitan, January 1995, at 212–214.
“Provocateuse on the Loose.” Wall Street Journal (Bookshelf), at A22 (November 22, 1994).
“Putting Women on the Agenda.” Outlook Magazine, Spring 1994, at 12–14.
“Registry Violates Privacy.” USA Today (Today’s Debate), at 10A (August 9, 1994).
“Academic and Artistic Freedom, Part 2.” 78(7) Academe 8–15 (January/February 1993).
“‘Big Sister’ Janet Reno’s Misguided Attack on TV.” Seattle Times, at B7 (November 17, 1993).
“Bill Clinton’s Broken Campaign Promises about the National Endowment for the Arts.” He Said/She Said Comics (Guest Editorial) (August 1993).
“Censuring the Censors of Free Speech.” Chicago Tribune (Perspective), at 27 (September 2, 1993).
“The Constitutional Litmus Test.” 14 The American Prospect 99–105 (Summer 1993).
“Decision Time on Abortion,” New York Times, at A21 (January 21, 1993).
“Dress Codes Hurt Students.” USA Today (Today’s Debate), at 12A (August 9, 1993).
“Equal Access Act.” Entry in Encyclopedia of Religion and the Law (Garland, 1993).
“A Feminist Critique of the Feminist Argument for Censoring ‘Pornography.’” (1993 Blumenthal Lecture: Hunter College, City University of New York, March 1993).
“Freedoms in Conflict: Sexual Harassment and Free Speech.” 22(1) Index on Censorship 7–9 (January 1993).
“Hate Crimes: The ACLU’s Position.” Washington Post, at A19 (March 6, 1993).
“Hate Crimes: Should They Carry Enhanced Penalties? (Yes: Discriminatory Crimes) (debate with N. Hentoff ).” 79 American Bar Association Journal 44 (May 1993).
“Legal Scholars Who Would Limit Free Speech.” Chronicle of Higher Education, at B1 (July 7, 1993).
“Mergens v. Board of Education.” Entry in Encyclopedia of Religion and the Law (Garland, 1993).
“New Focus Following Bad Era: Pluralistic Society Faces Great New Challenges.” 16 National Law Journal S22–S24 (November 29, 1993).
“Private! Keep Out! Our Diaries — Even Senator Bob Packwood’s — Are Nobody’s Business But Our Own.” USA Today (Opinion USA), at 13A (December 2, 1993).
“Right Side Up: Women and the Controversial Right to Equality.” Radcliffe Quarterly, March 1993, at 22–24.
“Securing Civil Liberties from the Beltway to the Bible Belt.” HarvardLaw Bulletin, June 1993, at 35–36.
“Sexual Harassment in the Workplace: Accommodating Free Speech and Gender Equality Values.” 31 Free Speech Yearbook 1–15 (1993).
“Supreme Court Nominations: Should President Clinton Apply a Litmus Test? (Yes—A Solemn Duty) (Debate with B. Fein).” 79 American Bar Association Journal 42 (February 1993).
“TV Curbs Could Limit Free Speech.” Philadelphia Inquirer (Commentary), at A15 (August 2, 1993).
“Academic and Artistic Freedom, Part 1.” 78(6) Academe 8–15 (November/December 1992).
Book Review of Turning Right: The Making of Rehnquist’s Supreme Court by David Savage. CIVIL LIBERTIES, Summer/Fall 1992, at 5.
Book Review of Free Speech for Me but Not for Thee: How Americans Left and Right Relentlessly Censor Each Other, by Nat Hentoff; and Striking a Balance: Hate Speech, Freedom of Expression and Non-Discrimination, edited by S. Coliver. Civil Liberties, at 18 (Winter 1992/1993).
Contribution to Conference Proceedings for Freedom of Speech and the American Community (A Conference Honoring Franklyn Haiman, May 3–5, 1991), at 114–138 (Northwestern University, 1992).
“The Controversy Over Politically Correct Speech.” USA Today Magazine, November 1992, at 57–59.
“Impact of Roe v. Wade on American Society.” Carpe Diem, Winter 1992–1993.
“Sooner Rather than Later, The Nation Needs Pronouncement on Roe v. Wade.” 105 Los Angeles Daily Journal 6 (January 23, 1992).
“A Tribute to Norman Dorsen. ACLU Leader (Symposium).” 27 Harvard Civil Rights-Civil Liberties Law Review 309–337 (1992) (with W.J. Brennan, Jr., J.L. Oakes & S. Gillers).
“The Distrust of Freedom: A Democratic Paradox.” 9 Delaware Lawyer 9–14 (Winter 1991).
Foreword, Lowering the Wall: Religion and the Supreme Court in the 1980s, by G. Ivers, vii–ix. Anti-Defamation League, 1991.
“The Free Speech Jurisprudence of the Rehnquist Court (The Meaning of the First Amendment: 1791–1991).” 29 Free Speech Yearbook 83–95 (1991).
“Why Censoring Bigots Doesn’t Work.” 104 Los Angeles Daily Journal 6 (June 6, 1991).
Book Review of The Antagonists: Hugo Black, Felix Frankfurter and Civil Liberties in Modern America, by James Simon. CIVIL LIBERTIES, Fall/Winter 1989, at 5.
Book Review of No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights, by Michael K. Curtis. CIVIL LIBERTIES, Summer/Fall 1986, at 5.
“The Lawyer and the Law Professor as Public Private Citizen.” Book Review Essay on Louis D. Brandeis: Justice for the People, by Phillipa Strum; and Brandeis and Frankfurter: A Dual Biography, by Leonard Baker. 1986 American Bar Foundation Research Journal 107–122.