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First Amendment

Howard M Wasserman

Selected Works

2016

Articles 1 - 2 of 2

Full-Text Articles in Law

A Jurisdictional Perspective On New York Times V. Sullivan, Howard M. Wasserman Feb 2016

A Jurisdictional Perspective On New York Times V. Sullivan, Howard M. Wasserman

Howard M Wasserman

New York Times v. Sullivan, arguably the Supreme Court's most significant First Amendment decision, marks its fiftieth anniversary next year. Often overlooked in discussions of the case's impact on the freedom of speech and freedom of the press is that it arose from a complex puzzle of constitutional, statutory, and judge-made jurisdictional and procedural rules. These kept the case in hostile Alabama state courts for four years and a half-million-dollar judgment before the Times and its civil rights leader co-defendants finally could avail themselves of the structural protections of federal court and Article III judges. The case's outcome and the …

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Holmes And Brennan, Howard M. Wasserman Dec 2015

Holmes And Brennan, Howard M. Wasserman

Howard M Wasserman

This article jointly examines two legal biographies of two landmark First Amendment decisions and the justices who produced them. In The Great Dissent (Henry Holt and Co. 2013), Thomas Healy explores Oliver Wendell Holmes’s dissent in Abrams v. United States (1919), which arguably laid the cornerstone for modern American free speech jurisprudence. In The Progeny (ABA 2014), Stephen Wermiel and Lee Levine explore William J. Brennan’s majority opinion in New York Times v. Sullivan (1964) and the development and evolution of its progeny over Brennan’s remaining twenty-five years on the Court. The article then explores three ideas: 1) the connections …

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