Harvey Silverglate > Publications

Wednesday, February 22, 2012

Harvey Silverglate

Harvey Silverglate



Harvey's Archives Harvey's writings have appeared in the following publications (incomplete list): The Boston Bar Journal The Boston Globe The Boston Herald Boston Magazine The Boston Phoenix The CATO Journal Chronicle of Higher Education Forbes.com The Harvard Crimson Inc. Technology Magazine Los Angeles Times Massachusetts Lawyers Weekly Media Studies Journal Minding the Campus The National Law Journal The New York Post The New York Times Book Review The New York Sun The Philadelphia Inquirer Real Paper Reason Magazine Ridgewood (N.J.) Herald-News Slate Magazine The Sunday News The Village Voice The Volokh Conspiracy The Wall Street Journal The Washington Times The Wilson Quarterly The Boston Bar Journal 4/97 "Old Wine in New Bottles: Cyberspace and the Criminal Law" The Boston Globe 6/29/11 "It’s not a crime to love a sibling" (Op-ed) 6/11/11 "Administrator overload keeps cost of higher ed spiraling up" (Letter) 3/21/11 "Tipping the scales of justice" (Op-ed) 1/30/11 "Under Obama, war, and terror, go on" (Letter) 12/13/10 "In revamp, Harvard takes its eye off its central mission" (Letter) 10/1/10 "Collateral damage in a lost war on drugs" (Letter to the Editor) 4/11/10 "Knee-jerk reactions a boon mostly for lawyers and sensitivity trainers" (Letter to the Editor) 1/31/10 "The public has a right to hear" (Letter to the Editor) 1/16/10 "Finneran’s only crime is careful diplomacy" (Op-ed) 9/20/09 "Setting a noble precedent" (book review) 4/23/09 "On torture outrage, let's take a step back" (Op-ed) 11/7/08 "Bad-cop-bad-cop culture of the FBI" (Letter to the Editor) 8/16/08 "National security and free speech" (Op-ed) 3/15/08 "Spitzer's Legal Minefield" (Op-ed) 7/31/07 "Privilege's Limits" (Op-ed) 2/24/07 "The next generation of threats" (Op-ed coauthored with Ralph Kaplan (contact Ralph at BeetBach@aol.com )) 11/7/06 "'Libel tourism' and the war on terror" (Op-ed coauthored with Samuel A. Abady) 7/23/06 "An urgent cause for philanthropy" (Op-ed coauthored with Ralph Kaplan (contact Ralph at BeetBach@aol.com )) 11/24/05 "Censoring history" (Op-ed with Norman S. Zalkind) 05/29/05 "Thought Reform in Disguise" (Op-ed on attitudinal indoctrination at Harvard) 03/15/05 "Stick to real victims in NStar Case" (letter to the editor) 12/15/04 " Pedro is like the rest of us" (letter to the editor) 06/28/04 "Free Speech in an Age of Terror" (Op-ed) 2/14/04 "Disturbing steps by prosecutors" (Op-ed) 6/16/02 "Photo captured depravity of the barbarians" (Letter to the Editor) 5/1/02 "Unusual for Constitutional Democracy" (Mindich case; Letter to the Editor) 11/7/01 "Free speech and academic freedom" (Letter to the Editor) 3/25/00 "Government should stay out of Southie bar dispute" 6/21/99 "Breaching the Blue Wall" (Volpe/Louima) 2/15/99 "Synergy of 'Race Profiling' and Federal Guidelines" 12/7/98 "Hate Crime Laws Undermine Equality for All" 10/12/98 "At area colleges, a disturbing trend on hate speech" (With Alan Charles Kors) 10/12/98 "Another Bloody Skirmish in the Free Speech War" 1/31/94 "Court's Double Standard" 12/10/93 "Elders is Right" The Boston Herald 3/24/02 "Prosecute sex crimes fairly in church and on campus" (Coauthored with Josh Gewolb) 1/20/02 "King's dream misinterpreted" 4/26/99 "An overdue outrage over speech codes" 8/16/98 "Close the Starr Chamber" 11/17/91 Constitution demands separation of church, state" Boston Magazine 10/97 "The Gardner Heist" (Letter to the Editor) The Boston Phoenix 2011 Columns 11/30/11 "US Troop Out of Suffolk Law" (co-authored with Daniel Schwartz) 10/5/11 "Whitey Bulger and the Feds: The Final Act" 9/13/11 "Libertarian Angst for Slots" 9/13/11 "Taking the Pledge in Brookline" 8/25/11 "How the Arroyo jury got it right" 8/25/11 "A libertarian's view of the Barstool/Brady child-porn fiasco" 7/13/11 "Are Civil (Liberties) Unions America's Best Hope?" (co-authored with Daniel Schwartz) 6/29/11 "The Muzzle Awards: Campus Edition" (Another year of crushing free spirits at our colleges and universities) 6/24/11 "Curbing corruption with a catch-all" 3/24/11 "Chuck Turner is going to jail" (But it's the feds who should be hanging their heads in shame) 1/25/11 "DOJ turns on Turner, First Amendment" (On Turner being punished for speech, not just bribes) 1/5/11 "Beyond espionage" (Four ways the United States can still prosecute WikiLeaks's Julian Assange) 2010 Columns 12/29/10 "Terror and the MBTA" (You don't look harmless) 11/5/10 "The Persecution rests" (On Chuck Turner's conviction) 10/6/10 "Supreme Judicial Court quashes cash-for-testimony" 7/7/10 "The FBI's spy problem" (Freedom Watch) 9/30/10 "Tyler Clementi" (What's hate got to do with it?) 7/7/10 "The FBI's spy problem" (Freedom Watch) 6/30/10 "Muzzle Awards" (on campus) 4/16/10 "Elena Kagan's shaky record" (on Solicitor General Elena Kagan's jurisprudence and her possible ascent to the Supreme Court) 4/12/10 "Will Beacon Hill be bullied into enacting a politically correct law?" (on bullying legislation introduced after the South Hadley bullying incident that ended in Phoebe Prince's suicide) 1/28/10 "Free speech for me, but not for thee" (on the Supreme Court decision in Citizens United v. Federal Election Commission) 2009 Columns 11/18/09 "Critical Mass" (on the disinvitation of former militant activist, Ray Luc Levasseur) 10/21/09 "Free speech again quashed at Harvard" 8/5/09 "The Gates case isn't about race" (on the arrest of Harvard Professor Henry Louis "Skip" Gates, Jr.) 7/10/09 "Muzzle Awards: Collegiate Division" (The campus edition of the 12th annual Boston Phoenix Muzzle Awards, an unenviable honor reserved for enemies of free speech and individual liberties in New England) 6/24/2009 "Guilty until proved guilty" 6/24/2009 "Robojudge" 6/3/09 "Sotomayor's mixed message on free speech" (on Supreme Court nominee Sonia Sotomayor's record on issues implicating the First Amendment) 5/6/09 "Sunshine on the ACLU: a mea culpa" (on Wendy Kaminer's book on ACLU failures and a personal mea culpa) 2008 Columns 12/5/08 "Jailhouse Bloc" (on the law-and-order sector's lobbying activities for stricter criminal codes, with Kyle Smeallie) 11/24/08 "The Impeachinator" (on Bruce Fein and his quest to reign in the power of the executive branch) 10/2/08 "Since Harvard Came Out" (on the changing culture in the struggle for GLBT rights) 9/25/08 "Persian Ivy" (on U.S. universities setting up branch campuses in Persian Gulf oil sheikdoms) 8/20/08 "A legal setback for Charlie" (on the MIT v. MBTA prior restraint of speech case) 7/30/08 "Parody Flunks Out" (on the hostile environment toward pointed parodies at American colleges) 6/26/08 "The Muzzle Awards: Collegiate Division" (on local colleges' attempts to stifle free speech) 6/26/08 "Naked in the Public Square" (on the silly prosecution of a performance artist who danced nude in Harvard Square, with James Tierney) 6/19/08 "Habeas Corpus rights restored to Enemy Combatants" (on the Supreme Court decision in Boumediene v. Bush) 4/16/08 "More Police, Less Harvard" (on Harvard cops and stifling protests on campus) 3/27/08 "The Gray Lady, the FCC, and indecency" (following up on the previous two weeks' columns) 3/20/08 "The briefly indecent Boston Globe" (following up on the previous week's column) 3/13/08 "Totalitarian Ploy Defeated" (with Jan Wolfe, on performance artist Milan Kohout's prosecution) 3/13/08 "Newspapers Censor Bono's 'Fucking' Gaffe" (on newspapers' incomplete reporting when offensive language is central to the story) 2/21/08 "Echoes of Rodney King" (with James Tierney, on Simon Glik's wiretapping prosecution) 1/30/08 "Truth and Illusion" (This Just In on the Commonwealth's "Big Dig" settlement) 1/23/08 "Ring of Fire" (on the FBI's failure to pay its phone bills and its "independent" auditor) 1/16/08 " Torture-Tapes Template" (why a federal obstruction of justice case should prefigure the investigation into the destruction of CIA interrogation videotapes) 2007 Columns 10/25/07 "Eraser Heads " (with James Tierney, on Emerson College's push to get rid of student rights) 10/12/07 "Moldy Justice" (with Jan Wolfe, on a push to repeal archaic laws) 9/26/07 "Ouch! The DEA's bad-faith war on pain doctors" (on prosecuting pain specialists for "dealing drugs") 8/30/07 "Partially free is better than partially pregnant " (with Jan Wolfe, on censorship of parody at Tufts) 8/15/07 "The Big Dig in Court: A citizen's primer" (on extortion, Bechtel, and Powers Fasteners) 7/3/07 "Alito: Hypocrisy in High Places" (This Just In, with James Tierney, on religion and free speech in Justice Samuel Alito's jurisprudence) 5/17/07 "Well, shut my mouth!" (with Jan Wolfe, on recent censorship at Tufts & Brandeis Universities) 5/10/07 "It's time for some real judicial activism" (This Just In, on the Supreme Court's denial of review of important Guantanmo cases) 4/19/07 "Why the Imus cave-in is bad for free speech, radio, and the whole society" (exclusive to the Boston Phoenix website) 3/29/07 "Notes on a scandal" (with Adam Reilly, on Jared Paul Stern's potentially explosive lawsuit) 3/28/07 "A judge speaks with candor about judicial cop-outs" (on Nancy Gertner's speech to the Innocence Network Conference) 3/22/07 "Getting Justice back on track" (on the fallout from the firing of eight U.S. Attorneys) 3/8/07 "Gossip columnist escapes indictment" (on the feds' decision not to indict Jared Paul Stern) 2006 Columns 11/16/06 "Alumnus Interruptus" (on the "message control" efforts of alumni outreach publications at Harvard and other elite institutions of higher education) 11/15/06 "Are we freer than we were 40 years ago?" (Harvey's retrospective on criminal justice and civil liberties, part of the Phoenix 40th anniversary issue) 11/2/06 "Gay marriage spreads to New Jersey, with caution" (This Just In on the recent NJ Supreme Court same-sex marriage decision) 9/28/06 "Oh, pardon me" (A Freedom Watch column on the terrorism "compromise" legislation and presidential pardons) 9/14/06 "The brain-addling effects of sex on judges" (This Just In, with Dustin Lewis, on an opinion in the Milton Academy case) 9/7/06 "Blues and blood" (Freedom Watch Column on the Justice Department's outrageousness and an unusual recent sentence) 8/17/06 "Pardons are forever" (Freedom Watch Column forecasting a slew of presidential pardons) 7/13/06 "A spate of phony 'terror' cases" (Freedom Watch Column on the highly questionable recent indictments in "terrorism" cases) 6/1/06 "The constitutional crisis no one seems to understand" (Analyzing the FBI's raid on Congressman Jefferson's office) 4/12/06 "Sleazy? Yes. Criminal? Probably Not." (Freedom Watch Column on the New York Times' gullibility in the Page Six "Scandal") 3/16/06 "The Summers putsch goes awry" (Freedom Watch Column on the attempt to secure Larry Summers' replacement) 2/23/06 "I stand by what I said" (The speech Harvard's Larry Summers should have given six months ago) 2/16/06 "Sex and betrayal at Milton Academy" (Freedom Watch Column on a lawsuit against Milton Academy, coauthred with Dustin Lewis) 2/9/06 "Bush's real motive" (Freedom Watch Column on why President Bush's NSA wiretap authorization flouts Congress and the Courts) 2/2/06 "After Innocence" (Sidebar feature on the movie After Innocence) 1/25/06 "High Noon for Cabral" (Freedom Watch Column on the jury's verdict in the civil suit against Sheriff Andrea Cabral) 1/19/06 "The mayor starts peace with more speech" (Freedom Watch Column on Mayor Menino's free-speech turnaround and Judge Mulligan's sartorial smackdown) 1/12/06 "The only questions for Alito that matters" (Freedom Watch Column on the most important question facing Sam Alito) 1/05/06 "The Gray Lady in shadow" (Freedom Watch Colummn examining how the New York Times could face criminal prosecution for its "NSA Spying" story). 2005 Essays 9/09/05 "Poetic License" (Is the 9/11 Commission Report the First American Epic?) with Leslie Dunton-Downer and Daniel Aaron.) 2005 Columns 12/30/05 "The devil and Judge Jones" (Freedom Watch Column about the opinion in the recent Pennsylvania "intelligent design" case) 12/23/05 "Power trip" (2005 year-end civil-liberties review, with Dustin Lewis) 12/23/05 "Spy-der man" (Freedom Watch Column about President Bush's flouting of the FISA court) 12/16/05 "Cabral's sharp aim" (Freedom Watch Column on the overzealous federal investigation of Suffolk County Sheriff Andrea Cabral) 12/09/05 "Shirting the issue" (Freedom Watch Column on Mayor Menino's censorship of "Stop Snitchin" t-shirts) 11/03/05 "Give Alito a Chance" (Freedom Watch Column about the nomination of Samuel Alito to the Supreme Court) 10/14/05 "The Color of Random" (Freedom Watch Column about the First Circuit's decision on Judge Gertner's federal jury plan) 10/06/05 "Harriett Miers: news from nowhere" (Freedom Watch Column on the nomination of Harriet Miers to the Supreme Court) 9/16/05 "The DOJ's Shopping Trip Pays Off" (Freedom Watch Column on the Fourth Circuit's Padilla decision) 9/09/05 "Rehnquist's Record of Shame" (Freedom Watch Column) 9/02/05 "Passing judgment" (The scramble to pigeonhole Supreme Court nominee John Roberts misses the point) 06/24/05 "Finneran's Wake" (The dubious prosecution of Speaker Michael Finneran) 06/16/05 "Animal Crackers" (The FBI's corrupt handling of the Vincent Ferrara case) 05/13/05 "Indecent Proposal" (Constitutional analysis of the FCC's regulation of satellite and cable media) 03/11/05 "This Just In: UMass Amherst parodies itself" (Institutionalized thought reform at UMass Amherst) 2/23/05 "This Just In: The Summers Transcript Doesn't Lie" (The release of the transcript of Harvard President Lawrence Summers' talk on women and academic sciences) 2/17/05 "Warding Off Attack" (The censorship campaign at the University of Colorado against Prof. Ward Churchill) 1/26/05 "Say it Ain't So" (The controversy surrounding Harvard President Lawrence Summers' comments on women in academia) 1/07/05 "Street Musicians, One; Boston Police, Zero" (Early victory for street musicians and free speech) 2004 Columns 12/17/04 "A Man for All Reasons" (Obituary and remembrance of David Brudnoy) 12/10/04 "Fleecing the Shepherd" (The second wave of Catholic clergy sexual abuse lawsuits) 12/03/04 "Gay-Marriage Foes Spin Their Wheels " (Supreme Court's refusal to take up the Goodridge decision) 11/19/2004 "Mack, the Life" (Obituary for John Mack) 11/19/2004 "The Devil You Don't Know" (President Bush's nomination of Alberto Gonzales as attorney general) 10/27/04 "Send Out the Clowns" (Censorship at UMass) 09/10/04 "This Just In: SJC Takes a Half Step Toward Righting Wrongful Convictions" 09/3/04 "Killjoy Was Here" (Boston Street Musicians and Free Speech) 07/09/04 "The Enemy Within" (Enemy combatants in US custody; with assistance from Dan Poulson) 06/25/04 "Ashcroft's Big Con" (with assistance from Carl Takei and Dan Poulson) 06/18/04 "Supreme Court Ducks on Pledge" 06/18/04 "Defensive Strategy; Advice of Counsel: Torture is Okay" 5/28/04 "Hiding the Gulag" (coauthored with Carl Takei) 5/14/04 "The Brown-ing of America" (50th anniversary of Brown v. Board of Education) 5/7/04 "Scientific uncertainty" (Gov. Romney's "perfect" death penalty and the Hamdi and Padilla arguments; coauthored with Carl Takei) 4/30/04 "Covering a Multitude of Sins" (sequel to "Threshold" piece; coauthored with Carl Takei) Also available for download in Adobe Acrobat format. 4/30/04 "Could the Gulag's Future Hang on a Real-Estate Deal?" (Guantanamo Bay Supreme Court oral arguments; coauthored with Carl Takei) 4/9/04 "Let Us Now Praise Framed-up Men" (calling for a Massachusetts innocence commission) 4/2/04 "Prediction or Prophesy? 'Under God' will remain in the Pledge" 3/4/04 "Crossing the Threshold: While we're all fretting about the Patriot Act, John Ashcroft's Justice Department is after much bigger game" (coauthored with Carl Takei). 2003 Columns 12/12/03 "Name Game" (Massachusetts gay marriage decision supports full marriage, not civil unions) 11/28/03 "Reading Between the Lines" (Massachusetts gay marriage decision follow-up) 11/20/03 "Hearing Wedding Bells" (Massachusetts approves gay marriage) 11/14/03 "What have we Learned?" (Shawn Drumgold release from prison) 10/23/03 "Why Does the FBI Believe Flemmi?" (Stephen "The Rifleman" Flemmi plea deal) 10/9/03 "Blinded with Science: Forensic evidence, the 'infallible' death penalty, and the Green Beret murder case" (coauthored with Andy Good and Phil Cormier) 7/11/03 "Picture of Injustice" (review of "Capturing the Friedmans") 7/4/03 "Not So Fast On the Gay-Marriage Front" (Lawrence v. Texas and gay marriage) 5/16/03 "Speech pathology: Campus speech codes sacrifice academic freedom in a misguided effort to prevent hurt feelings" (coauthored with Carl Takei) 2/6/03 "When the 'enemy' is us" (analysis of the Federal Courts' recent decisions on enemy combatants) 2002 Columns 12/26/02 "Still Standin': Although the ground has rumbled beneath the twin pillars of American civil liberties, judicial review and free speech are still intact " 12/20/02 "Free-speech fire drill: Cross-burning, the First Amendment, and Clarence Thomas" 8/1/02 "Who's zoomin' who in the Paul Pierce case?" 7/11/02 "Like a Prayer" 7/4/02 "Courting Disaster" 5/9/02 "Rounding up the thought police" 3/29/02 "Thought Control in Hamilton" 3/22/02 "Not ready for crime time" (Prosecuting priests) 3/15/02 "Secrecy by judicial fiat: Suppressing vital truth" (Catholic church & SJC) 2001 Columns 12/14/01 "Gag order" (Ashcroft) 12/7/01 "Torture warrants?" 11/16/01 "End the war on drugs" 9/28/01 "How the terrorist crisis threatens our personal liberties" (Coauthored with Dan Kennedy) 8/10/01 "What's truly corrupt about the FBI" 7/13/01 "The real Bob Mueller" (new FBI Director) 2000 Columns 4/14/00 "Second thoughts" (Atty. Daniel Beck contempt case #2) 4/7/00 "Courtroom misbehavior" (Atty. Daniel Beck contempt case) 3/3/00 "Why the Diallo jury was right" 2/11/00 "The G-men and the mobsters" (Bulger/Flemmi) Columns prior to 2000 2/19/99 "Decency Denied" (Lessons of Clinton/Starr) 2/12/99 "Wanted: Free Speech" ("The Nuremberg Files" website) 9/18/98 They Deserve Each Other (Starr/Clinton) 8/ 7/98 "Before the Flood" (Clinton should demand impeachment hearings) 7/16/98 "Liberty's flame" (Flag burning) 7/ 3/98 "Indecent defeat?" (Supreme Court decision on NEA) 6/19/98 "The Fells Acre Tragedy" (Amirault case) 4/10/98 "Attorney-client privilege: A dead issue?" (Zippergate #10) 4/ 3/98 "Monica's reading list" (Zippergate #9) 3/27/98 "Wentworth's Whorehouse" (Wentworth Institute of Technology) 3/27/98 "Feminists for Clinton" (Zippergate #8) 3/20/98 "Hardball and hush money (Zippergate #7) 3/13/98 "Values clarification" (Zippergate #6) 3/6/98 "Starr's un-American activities" (Zippergate #5) 2/27/98 "Family Matters" (Zippergate #4) 2/20/98 "Serving Justice?" (Zippergate #3) 2/13/98 "Live by the Leak, die by the leak" (Zippergate #2) 2/6/98 "Starr Chamber - The Real Lesson of the Clinton Scandal?" (Zippergate #1) 9/16/97 "A Civilian Force for Change" (NY police brutality against Abner Louima) 8/1/97 "Justice Lost" (William Brennan) 6/23/97 "The Judge and the FBI" (Wolff) 12/27/96 "Supreme Culture Wars" 6/20/96 "Vice Talk: A proposed ban on booze ads smacks of '50s paternalism" 6/14/96 "Firestorm: A lawyer stops an arsonist and creates blaze in court" (Jeff Purcell, GBLS) 3/1/96 Letter to the Editor on the Angeli Case 2/9/96 "No Excuse: Zona Labs and its legal allies should have known better" 6/23/95 "Cautionary Tale: The Supreme Court is upholding rights that the SJC endangered" (Bowman/Heller) 5/26/95 Letter to the Editor on the Amirault Case 1/20/95 "Freedom of Speech: The St. Patrick's Day Parade Controversy" 1/13/95 "Freedom: Freedom of speech vs. Freedom from fear" 8/19/94 "Spin Control: The real reason prosecutors hate checkbook journalism" 5/27/94 "Robojudge: Stephen Breyer may be the right man at wrong time" 3/11/94 "Protected Hate: The St. Patrick's Day parade and the sad case of Jimmy Flaherty" 3/4/94 "Civil Wrongs: The road to tyranny is paved with good intentions" 2/11/94 "Tabloid Justice" 12/10/93 "Uncivil Tongues: MIT downgrades freedom of speech" 10/29/93 "Speak no evil: Judge's gag order could choke the Constitution" 9/24/93 "Truth Decay: PBS documentary underscores the dangers of PC on campus" 9/3/93 "Timilty's Trials: Jurors are starting to rebel against prosecutorial abuses" 5/7/93 "Cult Control: Federal self-interest fueled the deadly Waco siege" 3/12/93 "Vexed Vets: Why anti-gay parade officials may have the law on their side" 2/12/93 "Sleight of mind: Clinton knows the courts won't quash the military's ban on gays" 1/29/93 "Human Touch: Justice Marshall's life shaped his opinions -- and the Court 1/1/93 "Clean Sweep: Why Clinton's AG should purge the Justice Department" 12/4/92 "Go Directly to Jail: The SJC should overturn Weld's repressive bail law" 11/20/92 "Not Guilty: A new book exposes the death penalty's biggest flaw" 11/6/92 "Cold War Casualty: Why the Hiss case still matters" 10/30/92 "Boomerang" (Perot/Bush accusation, FBI sting) 10/23/92 "Power Play" (Mavroules trial, Tauro recusal) 9/4/92 "Trampled Rights - How the Feds Stack the Deck Against Criminal Defendants" 7/31/92 "Stay of Execution" 6/26/92 "Imperial Justice" (S.Ct. kidnapping decision) 6/19/92 "Bait and Switch" (Patriarca/Cotter/Chapman sentencing) 5/15/92 "Cybersnoops" (FBI/Digital Phone Tapping) 4/3/92 "Habeas Corpses" 2/28/92 "Dirty Minds" 10/4/91 "The Pursuit of Power" 4/19/91 "Another Step Towards a Police State" 2/1/91 "A Threat to Free Speech" 1/11/91 "More Voltage for the Death Penalty" 1/23/90 "Are Rape Idealogues Running Amok?" (Campus Date Rape) 7/6/90 "Unnatural Act: Should Consensual Sex Be Criminalized?" 6/8/90 "Weld Makes Hay From Dead Weeds" (White/Anzalone/Weld) 6/1/90 "Drug War Follies - Refuge of Scoundrels" 5/11/90 "Drug War Follies - Profiles of `mules' make asses out of police" 12/29/89 "Orwell's 1984, Five Years Later" 10/20/89 "To Be Young, Black, and Frisked" 10/13/89 "Segregating Speech on Campus" (Tufts) 8/18/89 "Lewin's Loss, and Ours" 8/11/89 "Free Speech Heads for a Fall" 7/28/89 "What's Right About Offensive Speech" 7/7/89 "The Court's Dark Vision of America" (Webster decision) 6/30/89 "Seeds of Dowd" 6/23/89 "A Curse on the First" 3/10/89 "Making of a Crooked Case" 2/24/89 "Going to the Dog: The Mail-Odorous Campaign" (Lynn case) 1/6/89 "North's Nuremberg Defense" (North trial/Iran-Contra) 1 2/30/88 "The End of Innocents" (Youngblood case) 12/9/88 "Going South on North" (North trial/Iran-Contra) 12/2/88 "A Pardonable Sin?" (North trial/Iran-Contra) 11/4/88 "Courting Disaster" 10/7/88 "Card Carrying Members" 9/30/88 "Giving the Union Its Due" 7/1/88 "Hardly Cracking the Club Doors" 6/3/88 "And Justice For All" (North prosecution/Iran-Contra) 5/20/88 "Oliver North's Escape?: Thwarting the Iran-Contra case" 4/15/88 "A bankrupt verdict on The Bible Speaks" McCarran-Walter Act 2/5/88 "Taking Liberties" (Reagan Judges and Ind. Prosecutors) 12/11/87 "Distress Signal" (Flynt v. Falwell case) 10/16/87 "Bork Chops - Talking Out of Turn" 10/2/87 "Bork Chops - The Nominee's Poor Bedside Manner" 9/25/87 "Bork Chops - Freedom to Segregate" 8/7/87 "But Look at All the Other Stuff He's Done" (Reagan years) 7/17/87 "Dummies Like a Fox - Reagan's Judicial Nihilists" 7/10/87 "Origins of Specious: The most self-serving of intentions" 6/5/87 "Affording Innocence" (Raymond Donovan) 5/22/87 "Signifying Nothing" (Rehnquist BU commencement address) 5/1/87 "What the Supreme Court Wouldn't Hear" (Linnas Nazi deportation) 4/24/87 "Lawbreaking to Expose Lawlessness" (Amy Carter) 4/17/87 "Why `brainwash' doesn't wash" 3/31/87 "Getting Handled" (Prison visitor searches by guards) 12/9/86 "On Orders From a Higher Authority" (Iran-Contra) 10/28/86 "The New FBI" (William Webster/COINTELPRO) 10/7/86 "Judging Heffernan" 8/12/86 "Rehnquist Update & Wahidullah/INS story" 7/22/86 "Fraser 'offensive speech' case" 10/1/85 "Porn Again: A Civil-rights Issue By Any Other Name" (Dworkin-MacKinnon Cambridge anti-porn bill) 9/17/85 "Tauro/Zannino Heart Condition" 9/3/85 "Tauro Dismissal of Dailey Marijuana Prosecution" 11/17/81 "Turning Point: The Dangers of Bartered Testimony" 10/6/81 "Prince of the City: The Facts of the Case" 5/4/81 "Memphis 'Badge of Slavery' Supreme Court Decision" 3/10/81 "The Burger-King anti-crime menu" The CATO Journal Winter 2001 "The Tyranny of Good Intentions: How Prosecutors & Bureaucrats Are Trampling the Constitution in the Name of Justice" The Chronicle of Higher Education 8/1/03 "Speech codes: Alive and well at colleges" (coauthored with Greg Lukianoff) 8/16/02 "Rape Charges: It's Time to End 'He Said/She Said' Justice" (Coauthored with Josh Gewolb) Forbes 1/25/12 "Boston College Researchers Drink with the IRA, and Academics Everywhere Get the Hangover" (co-authored with Daniel Schwartz) 1/17/12 "Censorship at Harvard Comes as No Surprise" 1/13/12 "Have Gun? Don't Travel" (co-authored with Daniel Schwartz) 12/9/11 "Blago Sentenced: He Joins the Justice Department's Smoke and Mirrors show" 11/23/11 "Sometimes the Tobacco Companies are Right" (co-authored with Daniel Schwartz) 11/14/11 "The Supreme Court, A Prosecutor's Best Friend" (co-authored with Daniel Schwartz) 11/9/11 "Obama Learns Newspeak: the Administration's Perversion of the Freedom of Information Act" (co-authored with Daniel Schwartz) 10/21/11 "Ukraine Is More Western Than You Think: The Trial of Yulia Tymoshenko" (co-authored with Daniel Schwartz) 10/6/11 "Obama Crosses the Rubicon: The Killing of Anwar al-Awlaki" (co-authored with Daniel Schwartz) 9/9/11 "Justice Strikes Out: The railroading of Barry Bonds, and why we should all care" (co-authored with Daniel Schwartz) 8/25/11 "Leveling the playing field: Immunized Witnesses for the Defense" 8/24/11 "When looking a gift horse in the mouth, it's best to accurately count the teeth: Lowell Milken's Donation, and the Ignorant Condemnation That Followed" 8/22/11 "Can, and Should, NewsCorp Actually Be Tried Like the Mafia?" (co-authored with Daniel Schwartz) 8/5/11 "How a Floridian busted for cocaine possession may save future white collar defendants" 7/27/11 "Constructing Truth: the FBI's (non)Recording Policy" (co-authored with Daniel Schwartz) 7/18/11 "News Corp, the FCPA, and Eliot Spitzer's "Longstanding Practice" of Hypocrisy" (co-authored with Daniel Schwartz) 7/14/11 "Justice 'Deferred" (Deferred prosecutions are anything but soft on crime) 6/29/11 "Blagojevich Convicted, But Was He Really Guilty?" (On the supposid sale of a U.S. Senate seat) 6/27/11 "Federal Prosecutors, John Edwards, and God's Law" (On criminalizing unethical behavior) 6/22/11 "The Revolving Door at the Department of Justice" (co-authored with Daniel Schwartz) 4/22/11 "Liability Reigns Supreme at the Corporate University" (On damage control over learning) 3/2/11 "A Pawn in their Game" 2/11/11 "Of Pirates and Prosecutors" (On the DOJ using family as bait) 1/6/11 "Bullying Free Speech" (Anti-bullying laws and the errosion of campus expression) 1/3/11 "The Insider Trading Bread and Circus" (On the probe into Wall Street's insider trading) 12/1/10 "When 'Honest Services" Presecution Turns into Persection" (On the "Honest Services" conviction of a State Senator) 10/10/10 "Justice, Dispensed with an Even Hand" (On the DOJ's failure to introduce tainted evidence into trials") 9/14/10 "The Short-sighted Campaign Against Craigslist" (On censoring "adult services") 9/8/10 "Blagojevich's Fatal Unrecorded Conversation" (Injustice Department) 7/21/10 "Trust Me: Justice Is My Name" (Why the Department of Justice can [almost] always get its man) 7/15/10 "Subersive Suburbanites" (On the downside of spy-swapping) 5/27/10 "Goldman Sachs' Morality Play" (The Feds play the blame game) 9/1/09 "Wichita Witch Hunt" (The Justice Department wages war on pain relief) 7/28/09 "Prof. Gates' Unconstitutional Arrest" (On the arrest of Harvard Professor Henry Louis "Skip" Gates, Jr.) 3/23/09 "Meanwhile, at Harvard..." (On Harvey and Bob Freedman's petition candidacy for the 2009 Harvard Board of Overseers election) 3/11/09 "Prosecutors brought AIG to its knees" (On the role of federal and state prosecutors in bringing down American International Group) 11/18/08 "Larry Summers for Treasury Secretary" (On the lessons professors can learn from students) 9/26/08 "The Coddling Campus" (On the withering of college town cafes) The Harvard Crimson 9/20/02 "Specialized Assault Board Idea 'Myopic'" (Letter to the Editor) Inc. Technology Magazine Feb. 2001 "Law and Ardor" Summer 2000 "There Oughta Be a Law" Los Angeles Times 6/30/06 "Step back, imperial presidency" (Analyzing the Supreme Court's decision in Hamdan v. Rumsfeld) Massachusetts Lawyers Weekly 3/1/10 "Trial and error: scientific method and the First Amendment" 4/13/2009 "Are lawyer layoffs start of major restructuring of profession?" 10/13/2008 "Reform needed to change practices of Harvard police" 1/26/08 "Preventing Oversight for Police Misconduct" (with James Tierney, on wiretapping and the Simon Glik prosecution) 11/5/07 "Using a ban on pre-trial publicity to avoid embarrassing prosecutors, judges" (with James Tierney on the prior restraint in the Bernard Baran case) 10/31/05 "Facing History and Our First Amendment" (Coauthored with Malick Ghachem, Norman Zalkind, and Philip Cormier) 05/30/05 "Getting Real at the SJC" (Coauthored with Dan Poulson) 9/22/03 "Suing Harvard: Dealing With the Hometown Advantage" 2/24/03 "Commonwealth v. Baker poses novel question" (Coauthored with Carl Takei) 6/24/02 "Wiretapping, Eavesdropping Anomalies In Mass." (Coauthored with Josh Gewolb) 4/2/01 "Courts Taking Shots From the Right and The Left" 7/19/99 "'Amirault': Judicial Tension Over 'Injustice'" (Coauthored with Andrew Good) Media Studies Journal Fall 2000 "Illegal Thoughts" Minding The Campus 1/4/12 "Will Harvard Stop Trying to Impose Orthodoxies?" 9/13/11 "Harvard Pressures Freshmen to Sign a Moral Pledge" (co-authored with Adam Kissel) 5/23/11 "'What Yale's President Should Have Said about the Frat Boys" 3/17/11 "'What Characterizes the Modern Totalitarian, Corporatized Universityy?'" 12/6/10 ""You will cheer and smile! And you will like it!"" 10/12/10 "Eliminating Free Thoughts in the Name of False Safety" 2/23/10 "How Corrupted Language Moved from Campus to the Real World" 6/16/09 "The Cambridge Empire Strikes Back" 4/27/09 "Be Fair, Harvard" 2/10/09 "Brandeis: Still Abusing A Professor" 12/10/08 "Let's Cut the Administrative Fat" 10/14/08 "Can We Change the Campus Culture?" 4/23/08 "A Citizen's Guide to Disciplining John Yoo" The National Law Journal 5/16/11 "Federal Habeas corpus & actual innocence " (On a shake-up in the post conviction system) 4/5/10 "Free at last? Not so fast." 12/8/08 "Remember the Memo" (on Eric Holder's controversial 1999 DoJ Memorandum) 8/2/06 "Restoring habeas corpus" (with Phil Cormier, on House v. Bell and its implications for the MacDonald case) 2/27/06 "Real agenda: future power" (NSA Surveillance Program) 10/17/05 "Assault on college press" (Hosty v. Carter; student press) 9/30/02 "Muzzling free speech" (With Josh Gewolb) 1/28/02 "O.J. as litmus test" 12/3/01 "First Amendment: casualty of war" 9/24/01 "Let's not trade freedom for security" 8/20/01 "Who gets to do the taping?" 6/28/01 "Courts let the FBI run amok" (missing McVeigh files) 5/14/01 "Let's hear it for parody" 3/19/01 "Kid-porn law goes too far" (Free Speech Coalition v. Reno) 12/11/00 "Teach at your own risk" (George Fletcher/Columbia Law School) 10/16/00 "Will they ever learn? " (Wen Ho Lee) 9/11/00 "Freedom Seems Academic" (Urofsky v. Gilmore) 5/8/00 "One-way ticket for Elian" (Elian Gonzalez) 4/24/00 "The Right to private pee" (urine tests for pregnant women) 3/20/00 "Change police perception" (Diallo) 2/14/00 "Lying is part of the FBI's job" (FBI & Wen Ho Lee) 12/20/99 "Threat to academic freedom (Catholic bishops) 10/25/99 "6th Circuit just doesn't get it" (Kincaid decision) 8/30/99 "Prior Restraint in California" (Aguilar v. Avis) 5/19/99 "Tipping the evidence scale" 3/1/99 "'Miranda' Upheaval Unlikely" 11/30/98 "Pleas: Justice or Bribery?" 10/12/98 "At area colleges, a disturbing trend on hate speech" (Coauthored with Alan Kors) 8/17/98 "Lawyers Called Conspirators" 8/17/98 "Immunity is Not for Sale, says the Tenth Circuit" (US v Singleton) 8/17/98 "Coming Soon 'Lolita,' the Lawyer's Cut" 6/22/98 "'Race Profiling' Inflicts Injustice on Individuals" 4/27/98 "Clinton v. Starr v. Clinton may make Court act" 2/16/98 "Prosecutors Tread Where Defendants Daren't Go" 12/22/97 "Tape Defendant's Statements, or Don't Use It" 8/4/97 "The End of Life is not a Special-Interest Issue" 5/12/97 "Cults, Heaven's Gate and the First Amendment" 4/14/97 "States, Feds and Doctors Tangle in Drug War" 4/3/97 "Gagging Physicians: Abortion versus Marihuana" 3/3/97 "Is Summary Disposition Cowardly Avoidance?" 1/27/97 "Death Penalty Reprieve Still Hangs Up Prisoner" 12/23/96 "The Perils of Being a Juror with a Conscience" 9/23/96 "A Fine Line Between Suborning and Encouraging" 8/19/96 "Star Chamber Redux: Secret Court in America" 7/1/96 "Secret as a Confession?" 4/29/96 "Paying the Piper Who Protects Our Freedoms" 3/4/96 "Cyber Speech at Risk" 1/8/96 "P.C. Gags Fair Harvard" 1/13/95 "American Family Values" 10/10/95 "Simpson Jury Sends a Subtle Message on Race" 9/11/95 "Free Exercise Revisited" 7/24/94 "Net Ignorance is Bliss" 5/22/95 "Is It Paranoia or Fear" 3/27/95 "Tale of Two Parades: Gays, St. Patrick's Day and Culture War" 1/20/95 "Use of Informers Hurts Accuseds' Rights" 12/12/94 "'Fighting Words' Redux" The New York Post 2/25/08 "Rachel's Law" (on Rachel Ehrenfeld and libel tourism, with Sam Abady) The New York Times Book Review 4/15/01 "Sects and Drugs" (Review of To An Unknown God by Garrett Epps) The Philadelphia Inquirer 1/27/94 "Testing the Bounds of Intimidation at Swarthmore" Real Paper 8/11/79 "Proposed Carter Nominee Under Fire" 7/14/79 "Tossing a Lousy Hot Potato to Courts" 4/28/79 "Investigation of DA Needed in Blackfriars Case" 3/24/79 "Bad Boy Roy Slapped Hard by the SJC" 3/10/79 "The Scott Case: Bad News for McKenney" 12/16/78 "In Defense of Cults" 12/2/78 "Organized Crime Overkill" 7/1/78 "The Lessons of Injustice" 4/22/78 "Knowing Bonin by His Enemies" 4/15/78 "Judge McKenney's Lament" 3/28/78 "How Judge McKenney Beats Bail Reform" 2/25/78 "Prisoners' Rights and Wrongs" 12/24/77 "The Other Case Against Judge Bonin" 11/26/77 "How Richard Helms Did In the Government" 11/12/77 "The U.S. Courts as Political Bullies" 10/22/77 "Blowing Court Reform" 2/26/77 "Witnesses for the Prosecution" 3/31/76 "How Bailey Blew It" Reason Magazine July 201 "What You Don't Know Can Hurt You" May 2006 "Why did Luttig Quit?" July 2005 "Who Should Reign Supreme?" (Panel respondent) January 2005 "Civil Liberties and Enemy Combatants" May 1999 "Starr Teachers" (Coauthored with Andrew Good) Ridgewood (N.J.) Herald-News 8/29/1963 "Area People Join March Demanding Civil rights" (Harvey's coverage of the March on Washington for Jobs and Freedom, where Dr. Martin Luther Kind delivered his famous "I Have A Dream" speech Slate Magazine 2/27/04 "Mistrial: The Capturing the Friedmans DVD sheds new light on the case" (coauthored with Carl Takei) The Sunday News 9/1/1963 "Notes on Civil Rights March: Discipline, Unity Outstanding" (Harvey's commentary on the historic March on Washington for Jobs and Freedom) The Village Voice 2/8/00 "DVD Desperadoes" The Wall Street Journal 7/15/11 "Yes Means Yes - Except on Campus" (On the Office of Civil Rights in the Department of Education's "Dear Colleague" letter) 2/1/09 "The SEC Should Leave Steve Jobs Alone" (on the malleable definition of fraud, and federal investigators run amok) 4/9/08 "Making Business a Crime" (on investigations into Bear Stearns, and federal law enforcement) 1/27/07 Letter regarding "repressed memory" 06/23/05 "Beantown Shakedown" (Cross-Country Feature on the Health Care Fraud Unit) 08/04/04 "What Would Rachel Say?" (Free speech and the "Friends" workplace sexual harassment lawsuit) 3/10/04 "Martha and the Consequences of Truth or Dare" (Martha Stewart prosecution; Letter to the Editor) 7/29/03 "Pastors and Prosecutors" 2/14/03 "'Jews, Hindus, Not Wanted'" 7/11/01 "Truth and Justice Prevail" (Amirault case; Letter to the Editor) 10/15/98 "Colleges Aim to Control Thinking Not Drinking" 11/11/97 "Science and the Au Pair Trial" 1/8/96 "Harvard Law Caves In to the Censors" The Washington Times 8/22/02 "Taking the kangaroo out of campus courts" (Coauthored with Josh Gewolb) Wilson Quarterly Spring 2002 "The New Thought Police" (Review of Inside the Left's Assault on Free Speech and Free Minds by Tammy Bruce)

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