Harvey's writings have appeared in the following publications (incomplete list):

The Boston Bar Journal

• 4/97 "Old Wine in New Bottles: Cyberspace and the Criminal Law"

The Boston Globe 

• 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)
• 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 

2010 Columns

• 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)

• 11/18/09 "Critical Mass" (on the disinvitation of former militant activist, Ray Luc Levasseur)
• 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)
  
• 6/3/09 "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). Also available for download in Adobe Acrobat format.

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 person 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

• 10/6/00 "By the book" (Schaer v. Brandeis) 
• 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

• 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.)
• 4/26/09 "Be Fair, Harvard..." (On Harvard controlling campaign outreach in the 2009 Overseers election)
• 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," (subscription required; View PDF in browser)
• 4/13/09 "Are lawyer layoffs start of major restructuring of profession?" (subscription required; PDF available here)
• 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 

• 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 

• 4/5/10 "Free at last? Not so fast." (on re-opening Jeffrey MacDonald's case)
• 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 New York Sun

• 9/15/08 "Silly Putty of the Law" (On the Conrad Black case, and other instances of overzealous prosecutors)

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 

• May 2009 "Replacing Justice Souter: Legal experts discuss Obama's forthcoming Supreme Court nomination"
• 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)
• November 1998 "Codes of Silence: Who's silencing free speech on campus--and why" with Prof. Alan C. Kors

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

The Volokh Conspiracy

• 12/14/2009 "Honest Service Fraud: Your Third Felony Today?" (On the controversial federal statute used to prosecute anyone from public officals to basketball coaches)
• 12/15/2009 "Keeping the Nation Safe, or Making Citizens Vulnerable? The Dangers of Vagueness in Anti-terrorism Laws" (How peaceful activism and charitable acts can lead to criminal prosecution)
• 12/16/2009 "Protecting Investors or Prosecuting Innocents? The Dangers of Vagueness in Financial Fraud Laws" (How the federal government targets the private sector to distract from systemic shortcomings)
• 12/17/2009 "How the 'Independent' Fourth Estate Has Failed in its Critical Duty" (Discussing the media's reliance on federal prosecutors for tips)
• 12/18/2009 "The Thin Line Between Activism and Obstruction" (How civic engagement can be spun as criminal conduct)

The Wall Street Journal 

• 4/16/10 "Free Association and the First Amendment" (On the Christian Legal Society v. Martinez case before the Supreme Court)
• 3/20/09 "AIG and Congress Give us Plenty to be Outraged About" (on the inability of prosecutors to select a competent progency after they forced out 37-year CEO Hank Greenberg)
• 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)  

Last Updated July 2009