BOOKS
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.
MONOGRAPHS AND REPORTS
“Lawyers Under Fire: Attacks on Human Rights Attorneys in
the Philippines.” Lawyers Committee for Human Rights, Asia Watch,
1988 (with N. Dorsen).
CHAPTERS IN BOOKS
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).
LAW REVIEW AND OTHER SCHOLARLY
PUBLICATIONS
"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).
“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).
NEWSPAPER ARTICLES, PRACTICE MATERIALS, AND OTHER
PUBLICATIONS
Columnist, The Position
(Editorial Opinions), available
from http://www.ThePosition.com (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,
<http://www.archivists.org/conference/boston2004/strossen.asp>.
“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 http://www.intellectualcapital.com (1996–2000). Over
40 opinion columns; many columns archived at http://www.speakout.com.
“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 http://www.intellectualcapital.com (1996–2000). Over
40 opinion columns; many columns archived at
http://www.speakout.com.
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.
Columnist, Intellectual
Capital (Editorial Opinions).
Available from http://www.intellectualcapital.com (1996– 2000).
Over 40 opinion columns; many columns archived at
http://www.speakout.com.
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
http://jurist.law.pitt.edu/lawbooks/revdec98.htm#Strossen.
“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 http://www.intellectualcapital.com (1996– 2000).
Over 40 opinion columns; many columns archived at
http://www.speakout.com.
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 http://www.intellectualcapital.com (1996– 2000).
Over 40 opinion columns; many columns archived at
http://www.speakout.com.
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).
“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 http://www.intellectualcapital.com (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.