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,
“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.