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Geof Stone

Academic Faculty

Full Time Teaching Faculty

Geoffrey R. Stone

Edward H. Levi Distinguished Service Professor of Law

Biography

Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Mr. Stone joined the faculty in 1973, after serving as a law clerk to Supreme Court Justice William J. Brennan, Jr. He later served as Dean of the Law School (1987-1994) and Provost of the University of Chicago (1994-2002).

Professor Stone is the author of many books on constitutional law, including Roe v. Dobbs: The Past, Present and Future of a Constitutional Right to Abortion (2024); A Legacy of Discrimination: The Essential Constitutionality of Affirmative Action (2023); National Security, Leaks and Freedom of the Press (2021); Democracy and Equality: The Enduring Constitutional Vision of the Warren Court (2019); The Free Speech Century (2018); Sex and the Constitution: Sex, Religion and Law from America’s Origins to the Twenty-First Century (2017); The NSA Report (2014); Top Secret: When Our Government Keeps Us in the Dark (2007), War and Liberty: An American Dilemma (2007), Perilous Times: Free Speech in Wartime (2004), and Eternally Vigilant: Free Speech in the Modern Era (Chicago 2002). He is also an editor of two leading casebooks, Constitutional Law (9th ed. 2023) and The First Amendment (7th ed. 2024). Professor Stone is an editor of the Supreme Court Review and chief editor of a twenty-five-volume series, of books on constitutional law, titled Inalienable Rights, which is published by the Oxford University Press.

Professor Stone was appointed by President Obama to serve on the President’s Review Group on Intelligence and Communications Technologies, which evaluated the government’s foreign intelligence surveillance programs in the wake of Edward Snowden’s leaks. He is a Fellow of the American Academy of Arts and Sciences and a member of the America Law Institute, the National Advisory Council of the American Civil Liberties Union, and the American Philosophical Society. Professor Stone has also served as Chair of the Board of the American Constitution Society and Chair of the Chicago Children’s Choir.

Professor Stone has written amicus briefs for constitutional scholars in a number of Supreme Court cases, including Obergefell v. Hodges, Whole Woman’s Heath v. Hellerstedt, Lawrence v. Texas, United States v. Windsor, United States v. Stevens, and Rasul v. Bush.

Education and Experience

Education

The University of Chicago Law School

JD, cum laude, 1971

  • Editor-in-Chief, University of Chicago Law Review
  • Order of the Coif

University of Pennsylvania Wharton School of Finance and Commerce

BS, 1968

Experience

The University of Chicago

Edward H. Levi Distinguished Service Professor of Law, 2008-present
Interim Dean, Law School, July 1, 2015 - November 1, 2015
Harry Kalven, Jr. Distinguished Service Professor of Law, 1994-2007
Provost, 1993-2002
Harry Kalven, Jr. Professor of Law, 1984-1994
Dean, Law School, 1987-1993
Assistant Professor of Law, Associate Professor of Law, Professor of Law, 1973-1984

New York University School of Law

Visiting Professor of Law, Autumn 2002-2010
Jacob K. Javits Distinguished Scholar-in-Residence, 2004
Bernard Rudin Visiting Scholar, 2003

Hon. William J. Brennan, Jr., Supreme Court of the United States

Law Clerk, 1972-1973

Hon. J. Skelly Wright, U.S. Court of Appeals for the District of Columbia Circuit

Law Clerk, 1971-1972

Publications

Books (Author)

  • Roe v. Dobbs: The Past, Present and Future of a Constitutional Right to Abortion (edited by Lee C. Bollinger)(Oxford University Press, 2024).
  • A Legacy of Discrimination: the Essential Constitutionality of Affirmative Action (Oxford University Press, 2023) (with Lee C. Bollinger).www
  • Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022) (with Lee C. Bollinger).
  • Democracy and Equality: The Enduring Constitutional Vision of the Warren Court (Oxford University Press, 2019) (with David A. Strauss).
  • Constitutional Law 2019 Case Supplement (Wolters Kluwer, 2019) (with Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet & Pamela S. Karlan).
  • Constitutional Law: 2018 Supplement, 9th ed., 2018 Supplement (Wolters Kluwer, 2018) (with Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet & Pamela S. Karlan).cu
  • Constitutional Law (8th ed.) (Wolters Kluwer, 2017) (with Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet & Pamela S. Karlan).cu
  • Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century (Liveright, 2017).cu
  • Constitutional Law: 2016 Supplement, 7th ed., 2016 Supplement (Wolters Kluwer, 2016) (with Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet & Pamela S. Karlan).cu
  • The NSA Report: Liberty and Security in a Changing World (Princeton University Press, 2014) (with Richard A. Clark, Michael J. Morell & Cass R. Sunstein) (Reprint of President's Review Group on intelligence and Communications Technologies. Liberty and security in a changing world.).cu
  • The First Amendment, 4th ed., 2014 Supplement (Aspen, 2014) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet) (and Pamela Karlan).
  • Constitutional Law (7th ed.) (Wolters Kluwer Law and Business, 2013) (with Cass R. Sunstein, Louis M. Seidman & Mark V. Tushnet) (Additional author: Pamela S. Karlan).cu
  • Constitutional Law (7th ed.) (Wolters Kluwer Law & Business, 2013) (with Louis M. Seidman & Cass R. Sunstein & Pamela S. Karlan).cu
  • Constitutional Law, 2012 Supplement (Aspen, 2012) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • The First Amendment (4th ed.) (Aspen, 2012) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • The First Amendment, 2012 ed., 2012 Supplement (Aspen, 2012) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • The First Amendment (4th ed.) (Aspen Publishers, 2012) (with Louis M. Seidman & Mark V. Tushnet & Cass R. Sunstein).cu
  • The First Amendment, 2011 ed., 2011 Supplement (2011) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).cu
  • Constitutional Law, 2011 Supplement (Aspen, 2011) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).cu
  • Constitutional Law, 2010 Supplement (Aspen, 2010) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • The First Amendment, 2010 ed., 2010 Supplement (Aspen, 2010) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • Speaking Out! Reflections on Law, Liberty and Justice (Lulu Press, 2010).cu
  • The First Amendment, 2009 ed., 2009 Supplement (Aspen, 2009) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • Constitutional Law (6th ed.) (Aspen Publishers, 2009) (with Louis M. Seidman, Mark V. Tushnet & Cass R. Sunstein).cu
  • Constitutional Law (6th ed.) (Aspen, 2009) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • The First Amendment (3rd ed.) (Aspen, 2008) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • Constitutional Law, 2008 Supplement (Aspen, 2008) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • The First Amendment, 2008 ed., 2008 Supplement (2008) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).
  • War and Liberty: An American Dilemma (W. W. Norton, 2007).cu
  • Top Secret: When Our Government Keeps Us in the Dark (Rowman and Littlefield, 2007).cu
  • Constitutional Law: Adaptable to Fifth Edition of Stone Casebook (Legalines. Thomson/BarBri, 2006) (with Jonathan Neville).cu
  • Constitutional Law, 5th ed., 2006 Supplement (Aspen Law and Business, 2006) (with Louis M. Seidman, Mark V. Tushnet & Pamela S. Karlan).
  • The First Amendment, 2006 ed., 2006 Supplement (Aspen Law and Business, 2006) (with Louis M. Seidman, Cass R. Sunstein & Pamela S. Karlan).
  • Constitutional Law (5th ed.) (Aspen Publishers, 2005) (with Louis M. Seidman, Mark V. Tushnet & Cass R. Sunstein).cu
  • Constitutional Law (5th ed.) (Aspen, 2005) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (W. W. Norton, 2004).cu
  • Constitutional Law, 2004 Supplement (Aspen, 2004) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).
  • Different Wars, Similar Fears: An Interview About Government Restrictions on Free Speech in Wartime (First Amendment Center, 2004) (with Ronald K. Collins).cu
  • The First Amendment, 2004 Supplement (2004) (with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).
  • The First Amendment, 2003 Supplement (2003) (with Cass R. Sunstein, Mark V. Tushnet & Pamela S. Karlan).cu
  • The First Amendment (2nd ed.) (Aspen, 2003) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • Constitutional Law, 2003 Supplement (2003) (with Cass R. Sunstein & Mark V. Tushnet).cu
  • Constitutional Law, 2002 Supplement (Aspen, 2002) (with Cass R. Sunstein & Mark V. Tushnet ).cu
  • Youth, Pornography, and the Internet (edited by Dick Thornburgh & Herbert S. Lin)(The National Academy Press, 2002).cu
  • Constitutional Law (4th ed.) (Aspen Law & Business, 2001) (with Cass R. Sunstein & Louis M. Seidman & Mark V. Tushnet).cu
  • Constitutional Law (4th ed.) (Aspen Law & Business, 2001) (with Louis M. Seidman, Mark V. Tushnet & Cass R. Sunstein).cu
  • Eternally Vigilant: Free Speech in the Modern Era (University of Chicago Press, 2001) (with Lee C. Bollinger).cu
  • The First Amendment (1st ed.) (Aspen, 1999) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • Constitutional Law (3rd ed.) (Little Brown, 1996) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • Survey of Student Experiences and Attitudes at the University of Chicago Law School (1993).cu
  • Constitutional Law, Supplement, 2nd ed., 1992 Supplement (Little Brown and Company, 1992).cu
  • The Bill of Rights in the Modern State (University of Chicago Press, 1992) (with Richard A. Epstein & Cass R. Sunstein).cu
  • Current Issues Relating to the First Amendment (Jenner and Block, 1991) (with P. C. DeVore & Kenneth F. Ripple).cu
  • Constitutional Law (2nd ed.) (Little Brown, 1991) (with Cass R. Sunstein, Pamela S. Karlan, Louis M. Seidman & Mark V. Tushnet).cu
  • Constitutional Law: Adaptable to Second Edition of Stone Casebook - Legalines (2d ed.) (Harcourt Brace Legal and Professional Publications, 1991) (with Jonathan Neville).cu
  • Constitutional Law (1st ed.) (Little Brown, 1986) (with Cass R. Sunstein, Louis M. Seidman & Mark V. Tushnet).cu
  • Search and Seizure: A Study Guide - Crime File (U.S. Dept. of Justice & National Institute of Justice, 1986).cu
  • Protecting the Rights to Governmental Activity (Chicago, 1971) (with Philip B. Kurland).cu

Books (Editor)

  • Constitutional Law: 2024 Supplement. (Aspen Publishing, 2024) (edited with Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Pamela S. Karlan, Aziz Z. Huq & Leah Litman).
  • Constitutional Law: 2023 Supplement. (Aspen Publishing, 2023) (edited with Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Aziz Z. Huq, Pamela S. Karlan & Leah Litman).
  • Constitutional Law.9th ed. (Aspen Publishing, 2023).
  • Constitutional Law: 2022 Supplement. (Aspen Publishing, 2022) (edited with Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Aziz Z. Huq, Pamela S. Karlan & Leah Litman).
  • National Security, Leaks and Freedom of the Press: The Pentagon Papers Fifty Years On. (Oxford University Press, 2021) (edited with Lee C. Bollinger).
  • Constitutional Law: 2021 Supplement. (Wolters Kluwer, 2021) (edited with Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet, Aziz Z. Huq & Pamela S. Karlan).
  • The First Amendment.6th ed. (Aspen Publishing, 2020) (edited with Louis M. Seidman, Cass R. Sunstein, Mark V. Tushnet & Pamela S. Karlan).
  • The Free Speech Century. (Oxford University Press, 2018) (edited with Lee C. Bollinger). cu www
  • The First Amendment: 2018 Supplement. (Wolters Kluwer, 2018) (edited with Louis M. Seidman, Cass R. Sunstein & Mark V. Tushnet).
  • The First Amendment, 2005 ed., 2005 Supplement (2005). cu
  • The Bill of Rights in the Modern State. (University of Chicago Press, 1992) (edited with Richard A. Epstein & Cass R. Sunstein). cu

Journal Articles

  • "BROWN V. BOARD OF EDUCATION Why Do We Need Constitutional Rights?," 4 American Journal of Law and Equality 26 (2024). www
  • "The Warren Court v. the Roberts Court," 104 Boston University Law Review 1451 (2024). www
  • "Opening Dialogue," 153 Daedalus 6 (2024) (with Lee C. Bollinger). www
  • "Free Speech on Campus: Examining the Campus Speech Debate through a First Amendment Lens," 107 Judicature 54 (2024) (with David F. Levi).
  • "Free Speech and World War II," 35 Journal of Policy History 524 (2023). www
  • "Introductory Remarks: The Roberts Court and the First Amendment: An Introduction," 87 Brooklyn Law Review 133 (2021).
  • "Sex and the Constitution: A Challenge of Our Times," 23 Jerusalem Review of Legal Studies 60 (2021).
  • "Symposium: The Roberts Court and Free Speech: Transcript," 87 Brooklyn Law Review 289 (2021) (with Michael Cahill & Joel Gora ).
  • "The NSA, The Metadata Program, and the FISC," 76 NYU Annual Survey of American Law 599 (2021).
  • "A Four-Decade Perspective on Life Inside the Supreme Court," 133 Harvard Law Review 1010 (2020). www
  • "Reflections on the First Amendment: The Evolution of the American Jurisprudence of Free Expression," 107 Transactions of the American Philosophical Society 31 (2019).
  • "Sexual Expression and Free Speech: How Our Values Have (D)evolved," 43 Human Rights 22 (2018). cu
  • "The Origins of the Espionage Act of 1917: Was Judge Learned Hand's Understanding of the Act Defensible?," 50 Arizona State Law Journal 919 (2018). cu
  • "Dems Need to Pin Brett Kavanaugh on Which Constitution He Supports," The Daily Beast __ (2018). www
  • "National Security, National Origin, and the Constitution: 75 Years after EO9066," 68 Case Western Reserve Law Review 1067 (2018). cu
  • "Roe v. Wade, Past, Present, and Future," Harvard Law and Policy Review __ (2018) ((online)). cu www
  • "In Memoriam: Abner J. Mikva (1926-2016)", 83 University of Chicago Law Review 1747 (2016). cu
  • "The Road to Roe," 43 Litigation 43 (2016). cu
  • "The View from Inside the NSA Review Group," 63 Drake Law Review 1033 (2015). cu
  • "Book Review (reviewing Rahul Sagar, Secrets and Leaks: The Dilemma of State Secrecy (2013))," 129 Political Science Quarterly 501 (2014). cu
  • "Behavior of Supreme Court Justices When Their Behavior Counts the Most: An Informal Study," 97 Judicature 82 (2013). cu
  • "Arms and the Citizen," Indian Express __ (2012). cu
  • "Guantanamo:  ‘Whatever the Government Says . . .'," Political Machine __ (2012). cu
  • "Citizens United and Conservative Judicial Activism," 2012 University of Illinois Law Review 485 (2012). cu
  • "Selective Judicial Activism," 89 Texas Law Review 1423 (2011). cu
  • "Secrecy and Self-Governance," 56 New York Law School Law Review 81 (2011). cu
  • "WikiLeaks and the First Amendment (FCBA Distinguished Speaker Series)," 64 Federal Communications Law Journal 477 (2011). cu
  • "Understanding Supreme Court Confirmations," 2010 Supreme Court Review 381 (2011). cu
  • "The Framers' Constitution," 21 Democracy: A Journal of Ideas 61 (2011) (with William P. Marshall). cu
  • "WikiLeaks, the Proposed SHIELD Act, and the First Amendment," 5 Journal of National Security Law and Policy 105 (2011). cu
  • "Ronald Coase's First Amendment," 54 Journal of Law and Economics S367 (2011). cu
  • "Electoral Exceptionalism and the First Amendment: A Road Paved with Good Intentions," 35 New York University Review of Law and Social Change 665 (2011). cu
  • "Honoring the Legacies of Justices William J. Brennan, Jr., and Justice Thurgood Marshall," 43 Indiana Law Review 441 (2010). cu
  • "American Booksellers Association v. Hudnut: The Government Must Leave to the People the Evaluation of Ideas," 77 University of Chicago Law Review 1219 (2010). cu
  • "The Second Great Awakening: A Christian Nation?," 26 Georgia State University Law Review 1305 (2010). cu
  • "Free Speech and National Security," 84 Indiana Law Journal 939 (2009). cu
  • "Book Review (reviewing Helen J. Knowles, The Tie Goes to Freedom: Justice Anthony M. Kennedy on Liberty (2009))," 124 Political Science Quarterly 721 (2009). cu
  • "Obama's America: Liberty," 22 Democracy: A Journal of Ideas __ (2009). cu
  • "Same-Sex Marriage and the Establishment Clause," 54 Villanova Law Review 617 (2009). cu
  • "The Perils of Religious Passion: A Response to Professor Samuel Calhoun," 57 University of California at Los Angeles Discourse 15 (2009). cu
  • "The World of the Framers: A Christian Nation?," 56 UCLA Law Review 1 (2008). cu
  • "The Roberts Court, Stare Decisis, and the Future of Constitutional Law," 82 Tulane Law Review 1533 (2008). cu
  • "In Memoriam: David P. Currie (1936-2007)," 75 University of Chicago Law Review 27 (2008). cu
  • "Kenneth Karst's Equality as a Central Principle in the First Amendment," 75 University of Chicago Law Review 37 (2008). cu
  • "Free Speech in the Twenty-First Century: Ten Lessons from the Twentieth Century Lead Article," 36 Pepperdine Law Review 273 (2008). cu
  • "Book Review (reviewing Neil Vidmar & Valerie P. Hans, American Juries: The Verdict (2007))," 123 Political Science Quarterly 677 (2008). cu
  • "War and Speech: The Right to Know Has Been a Casualty," 37 Index on Censorship 42 (2008). cu
  • "Government Secrecy vs. Freedom of the Press," 1 Harvard Law and Policy Review 185 (2007). cu www
  • "Sex, Violence, and the First Amendment," 74 University of Chicago Law Review 1857 (2007). cu
  • "Origins of Obscenity," 31 New York University Review of Law and Social Change 711 (2007). cu
  • "In Memoriam: Bernard D. Meltzer (1914-2007)," 74 University of Chicago Law Review 439 (2007). cu
  • "Freedom of Religion, the War on Terrorism, and the Courts," 45 Criterion 14 (2007). cu
  • "National Security v. Civil Liberties," 5 California Law Review 2203 (2007). cu
  • "Land of the Free?," 73 European Lawyer 70 (2007). cu
  • "Federalism: Executive Power in Wartime," 5 Georgetown Journal of Law and Public Policy 309 (2007) (with Richard A. Epstein, Roger Pilon & John C. Yoo). cu
  • "The Merits of the Proposed Journalist -Source Privilege," 1 Advance 67 (2007). cu
  • "Civil Liberties v. National Security in the Law's Open Areas," 86 Boston University Law Review 1315 (2006). cu
  • "The Lessons of History," 28 National Security Law Report 1 (2006). cu
  • "Freedom of the Press in Time of War," 59 SMU Law Review 1663 (2006). cu
  • "Civility and Dissent during Wartime," 33 Human Rights 2 (2006). cu
  • "Constitutions Under Stress: International and Historical Perspectives," 59 Bulletin of the American Academy of Arts and Sciences 35 (2006). cu
  • "A Lawyer's Responsibility: Protecting Civil Liberties in Wartime," 22 Washington University Journal of Law and Policy 47 (2006). cu
  • "The Rights and Wrongs of Latkes," 9 Green Bag 209 (2006). cu
  • "Prosecuting the Press for Publishing Classified Information," 2 FIU Law Review 93 (2006). cu
  • "Academic Freedom," 59 Bulletin of the American Academy of Arts and Sciences 17 (2006). cu
  • "Free Speech in the Age of McCarthy: A Cautionary Tale," 93 California Law Review 1387 (2005). cu
  • "Why We Need a Federal Reporter's Privilege," 34 Hofstra Law Review 39 (2005). cu
  • "Rasul v. Bush and Al Odah v. United States," 29 New York University Review of Law and Social Change 613 (2005). cu
  • "Free Speech and Academic Politics (reviewing Donald Alexander Downs, Restoring Free Speech and Liberty on Campus (2005))," 4 Perspectives on Politics 740 (2005). cu
  • "Foreword: A Culture of Civil Liberties," 36 Rutgers Law Journal 825 (2004). cu
  • "War Fever," 69 Missouri Law Review 1131 (2004). cu
  • "Free Speech in World War II: 'When Are You Going to Indict the Seditionists?'," 2 International Journal of Constitutional Law 334 (2004). cu
  • "Civil Liberties in Wartime," 28 Journal of Supreme Court History 215 (2003). cu
  • "Judicial Activism and Ideology," 6 Green Bag 281 (2003). cu
  • "Abraham Lincoln's First Amendment," 78 New York University Law Review 1 (2003). cu
  • "Judge Learned Hand and the Espionage Act of 1917: A Mystery Unraveled," 70 University of Chicago Law Review 335 (2003). cu
  • "Above the Law: Research Methods, Ethics and the Law of Privilege," 32 Sociological Methodology 19 (2002). ssrn cu
  • "The Origins of the 'Bad Tendency' Test: Free Speech in Wartime," 2002 Supreme Court Review 411 (2002). cu
  • "Preface," 1999 Supreme Court Review ix (1999) (with Dennis J. Hutchinson & David A. Strauss). cu
  • "Hate Speech and the U.S. Constitution," 3 East European Constitutional Review 78 (1994). cu
  • "Autonomy and Distrust," 64 University of Colorado Law Review 1171 (1993). cu
  • "Imagining a Free Press," 90 Michigan Law Review 1246 (1992). cu
  • "The Bill of Rights in the Next Two Hundred Years," 70 Washington University Law Quarterly 1 (1992). cu
  • "The Bill of Rights in the Welfare State: A Bicentennial Symposium," 59 University of Chicago Law Review 5 (1992). cu
  • "Controversial Scholarship and Faculty Appointments: A Dean's View," 77 Iowa Law Review 73 (1991). cu
  • "Constitutional Vision," 26 Valparaiso University Law Review xvii (1991). cu
  • "Justice Brennan and the Freedom of Speech: A First Amendment Odyssey," 139 University of Pennsylvania Law Review 1333 (1991). cu
  • "Current Challenges to Free Expression: A New Age of Repression," 12 Northern Illinois University Law Review 425 (1991). cu
  • "Flag Burning and the Constitution," 75 Iowa Law Review 111 (1990). cu
  • "A Passion for Justice," 98 Yale Law Journal 213 (1988) (Tribute to J. Skelly Wright). cu
  • "Wally Tributes," 55 University of Chicago Law Review 721 (1988). cu
  • "Precedent, the Amendment Process, and Evolution in Constitutional Doctrine," 11 Harvard Journal of Law and Public Policy 67 (1988). cu
  • "Content-Neutral Restrictions," 54 University of Chicago Law Review 46 (1987). cu
  • "Book Review (reviewing Lee C. Bollinger, The Tolerant Society: Freedom of Speech and Extremist Speech in America (1986))," 97 Ethics 700 (1987). cu
  • "Repeating Past Mistakes: A Comment on the Pornography Commission," 24 Society 30 (1987). cu
  • "Reflections on the First Amendment: The Evolution of the American Jurisprudence of Free Expression," 131 Proceedings of the American Philosophical Society 251 (1987). cu
  • "The Burger Court and the Political Process: Whose First Amendment?," 10 Harvard Journal of Law and Public Policy 21 (1987). cu
  • "The Selective Activism of the Burger Court," 72 ABA Journal 10 (1986). cu
  • "Anti-Pornography Legislation as Viewpoint-Discrimination," 9 Harvard Journal of Law and Public Policy 461 (1986). cu
  • "The Equal Access Controversy: The Religion Clauses and the Meaning of 'Neutrality'," 81 Northwestern University Law Review 169 (1986). cu
  • "Book Review (reviewing Leonard W. Levy, Emergence of a Free Press (1985))," 97 Ethics 286 (1986). cu
  • "Constitutionally Compelled Exemptions and the Free Exercise Clause," 27 William and Mary Law Review 985 (1986). cu
  • "Individual Rights and Majoritarianism: The Supreme Court in Transition," 51 Cato Institute Policy Analysis Series __ (1985). cu
  • "Book Review (reviewing Roderick M. McLeod et al., The Canadian Charter of Rights and Freedoms: The Prosecution and Defence of Criminal and Other Statutory Offenses (1982))," 12 International Journal of Legal Information 60 (1984). cu
  • "O.T. 1983 and the Era of Aggressive Majoritarianism: A Court in Transition," 19 Georgia Law Review 15 (1984). cu
  • "Book Review (reviewing Gerald A. Beaudoin & Walter S. Tarnopolsky, The Canadian Charter of Rights and Freedom (1982))," 11 International Journal of Legal Information 189 (1983). cu
  • "Content Regulation and the First Amendment," 25 William and Mary Law Review 189 (1983). cu
  • "In Opposition to the School Prayer Amendment," 50 University of Chicago Law Review 823 (1983). cu
  • "Brown v. Socialist Workers: Inequality as a Command of the First Amendment," 1983 Supreme Court Review 583 (1983) (with William P. Marshall). cu
  • "Intelligence as Governance," 9 Reviews in American History 270 (1981). cu
  • "Restriction of Speech Because of Its Content: The Peculiar Case of Subject-Matter Restrictions," 18 P. E. A. L. Q. 359 (1980). cu
  • "Surveillance and Subversion," 8 Review of American History 134 (1980). cu
  • "Analysis of Zachary C. Brown v. State of Texas," 1978-1979 Preview of United States Supreme Court Cases 2 (1979). cu
  • "Analysis of Rufus Mincey v. State of Arizona," 1977-1978 Preview of United States Supreme Court Cases 3 (1978). cu
  • "Restriction of Speech Because of Its Content: The Peculiar Case of Subject-Matter Restrictions," 46 University of Chicago Law Review 81 (1978). cu
  • "The Miranda Doctrine in the Burger Court," Supreme Court Review 99 (1977). cu
  • "The Scope of the Fourth Amendment: Privacy and the Police Use of Spies, Secret Agents, and Informers," 1976 American Bar Foundation Research Journal 1193 (1976). cu
  • "Fora Americana: Speech in Public Places," 1974 Supreme Court Review 233 (1974). cu
  • "Residence Requirements for Voting in Presidential Elections," 37 University of Chicago Law Review 359 (1970). cu

Book Sections

  • "Roe v. Wade: Freedom of the Woman versus Freedom of the Fetus," in Freedom and Unfreedom, Jonathan R. Cole & Akeel Bigrami eds. (forthcoming).
  • "When is Speech that Causes Unlawful Conduct Protected by Freedom of Speech? The Case of the First Amendment," in The Oxford Handbook of Freedom of Speech, Adrienne Stone & Frederick Schauer eds. (Oxford University Press, 2021). www
  • "Reflections on Whether the First Amendment is Obsolete," in The Perilous Public Square: Structural Threats to Free Expression Today, David E. Pozen ed. (Columbia University Press, 2020).
  • "Free Speech on Campus: A Challenge of Our Times," in Speech Freedom on Campus: Past, Present, and Future, Joseph Russomano ed. (Rowan & Littlefield, 2020).
  • "Dialogue & Epilogue," in The Free Speech Century, Geoffrey R. Stone & Lee C. Bollinger eds. (Oxford University Press, 2018) (with Lee C. Bollinger). cu www
  • ""It Can't Happen Here": The Lessons of History," in Can It Happen Here? Authoritarianism in America, Cass R. Sunstein ed. (Dey Street Books, 2018). cu
  • "A Brief History of Academic Freedom," in Who's Afraid of Academic Freedom?, Akeel Bigrami & Jonathan R. Cole eds. (Columbia University Press, 2015). cu
  • "Ronald Coase and the Freedom of Speech," in Ronald H. Coase (University of Chicago Law School, 2014). cu
  • "The History of Obscenity, the British Novel, and the First Amendment," in Subversion and Sympathy: Gender, Law, and the British Novel, Martha C. Nussbaum & Alison L. LaCroix eds. (Oxford University Press, 2013). cu
  • "Perilous Times: Civil Liberties in Wartime," in Law and the Quest for Justice, Marjorie S. Zatz, Doris M. Provine & James P. Walsh eds. (Quid Pro Books, 2013). cu
  • "Counterterrorism’s New Frontier: Intelligence Collection and Law Enforcement," in Democracy & Justice: Collected Writings (Brennan Center for Justice, 2012) (with John O. Brennan, Bennie Thompson & Philip Mudd). cu
  • "Defending the Future: The Fundamental Right to Effective Defense Counsel," in To Build a Better Criminal Justice System: 25 Experts Envision the Next 25 Years of Reform, Marc Mauer & Kate Epstein eds. (2012). cu
  • "The Story Of The Sedition Act Of 1798: 'The Reign Of Witches'," in First Amendment Stories, Richard W. Garnett & Andrew Koppelman eds. (Foundation Press/Thomson Reuters, 2012). cu
  • "'Electoral Exceptionalism' and the First Amendment," in Money, Politics, and the Constitution: Beyond Citizens United, Monica Youn ed. (Century Foundation, 2011). cu
  • "Privacy, the First Amendment and the Internet," in The Offensive Internet: Speech, Privacy, and Reputation, Martha C. Nussbaum & Saul Levmore eds. (Harvard University Press, 2010). cu
  • "Woodrow Wilson's First Amendment," in Reconsidering Woodrow Wilson: Progressivism, Internationalism, War, and Peace, John M. Cooper ed. (Johns Hopkins University Press, 2008). cu
  • "The Vietnam War: Spying on Americans," in Security v. Liberty: Conflicts Between Civil Liberties and National Security in American History, Daniel A. Farber ed. (Russell Sage Foundation, 2008). cu
  • "Liberté d'expression et sécurité nationale," in La liberté d'expression aux États-Unis et en Europe, Élisabeth Zoller ed. (Dalloz, 2008). cu
  • "Advice to a Scholar," in The Common Man and Uncommon Man: Remembering Justice William J. Brennan, Jr., E. J. Rosenkranz & Thomas M. Jorde eds. (New York University Press, 2006). cu
  • "The Hustler: Justice Rehnquist and 'The Freedom of Speech, and of the Press'," in The Rehnquist Legacy, Craig Bradley ed. (Cambridge University Press, 2005). cu
  • "New York Times v. Sullivan," in The Oxford Companion to the Supreme Court of the United States, Kermit L. Hall ed. (Oxford University Press, 2005). cu
  • "The Questions of Free Speech," in Unsettling 'Sensation', Lawrence Rothfield ed. (Rutgers University Press, 2001). cu
  • "A Brief History of Academic Freedom," in Advocacy in the Classroom: Problems and Possibilities, Patricia M. Spacks ed. (Palgrave Macmillan, 1996). cu
  • "Foreword," in The Price We Pay: The Case Against Racist Speech, Hate Propaganda, and Pornography, Laura Lederer & Richard Delgado eds. (Hill and Wang, 1995). cu
  • "Freedom of Speech," in Encyclopedia of the American Constitution., Kenneth L. Karst, Leonard W. Levy & John G. West eds. 1992). cu
  • "William J. Brennan, Jr.," in Encyclopedia of the American Constitution., Kenneth L. Karst, Leonard W. Levy & John G. West eds. 1992). cu
  • "New York Times v. Sullivan," in The Oxford Companion to the Supreme Court of the United States, Kermit L. Hall ed. (Oxford University Press, 1992). cu
  • "The Reagan Administration, The First Amendment, and FBI Domestic Security Investigations," in Freedom at Risk: Secrecy, Censorship, and Repression in the 1980s, Richard Curry ed. (Temple University Press, 1988). cu
  • "Limitations on Fundamental Freedoms: The Respective Roles of Courts and Legislatures in American Constitutional Law," in The Limitation of Human Rights in Comparative Constitutional Law, Suzanne Birks, Michael Bothe, Irwin Cotler, Dennis Klinck, Armand d. Mestral & Andre Morel eds. (Les Editions Yvon Blais Incorporate, 1986). cu
  • "Sedition," in Encyclopedia of Crime and Justice 4., Sanford H. Kadish ed. 1983). cu
  • "Television in the Courtroom," in Encyclopaedia Britannica Annual Supplement 487.1982). cu

Other Publications

  • "Corporations Are Not “We the People”," ProMarket, November 21, 2022. www
  • "The End of Affirmative Action Would Be a Disaster," The Atlantic, October 2022 (with Lee C. Bollinger). www
  • "Review: Linda Greenhouse Warns that the Supreme Court is 'On the Brink'," The National Book Review, November 21, 2021. www
  • "Book Review: Seeing a threat to democracy in a conservative court," Washington Post, April 16, 2021. www
  • "Op-ed: Social media and ‘free speech’: Is it time for government regulations?," Chicago Tribune, January 12, 2021. www
  • "Here Is What American History Can Teach Us About the Interplay Between Free Speech and Democracy," ProMarket, November 8, 2020. www
  • "Commentary: Ruth Bader Ginsburg was an ‘impenetrable bulwark’ against majoritarian abuse," Chicago Tribune, September 19, 2020. www
  • "The First Amendment and the Protests Over COVID-19 Shutdowns," Expert Forum, April 23, 2020. www
  • "Book Talk: The Enduring Constitutional Vision of the Warren Court," Expert Forum, February 11, 2020 (with David A. Strauss). www
  • "The Enduring and Controversial Legacy of the Warren Court," SCOTUSblog, December 17, 2019 (with David A. Strauss). www
  • "Review: The Many Ambitions that Propelled Kavanaugh to the Supreme Court," The Washington Post, November 27, 2019. www
  • "The many ambitions that propelled Kavanaugh to the Supreme Court," November 28, 2019. www
  • "Roe v. Wade, Frontiero v. Richardson, and the Equal Rights Amendment," Take Care, May 20, 2019. www
  • "Chief Justice Roberts’s Delicate Seat at the Center of a Divided Supreme Court," March 30, 2019. www
  • "Confirming Brett Kavanaugh Now Would Destroy The Supreme Court As We Know It," Huffington Post, October 1, 2018. www
  • "It’s Now Up To Senate Moderates To Save The Supreme Court," Huffington Post, July 10, 2018. www
  • "Here's What Life Was Like for American Women in America Before 'Roe v. Wade'," The Daily Beast, July 10, 2018. www
  • "Roseanne Barr and the NFL: What Counts as Free Speech?," Rolling Stone, May 2018. www
  • "Your Challenge: Address to the National Student Leaders of the American Constitution Society," ACSBlog, March 12, 2018. www
  • "Reflections on Whether the First Amendment Is Obsolete," Knight First Amendment Institute's Emerging Threats, February 1, 2018 (response to Tim Wu's essay "Is the First Amendment Obsolete?"). www
  • "The One Change We Need to Surveillance Law," Washington Post, October 9, 2017 (with Michael J. Morell). www
  • "Faith, Law and Dianne Feinstein," New York Times, September 13, 2017 (with Eric A. Segall). www
  • "'Sex and the Constitution': Margaret Sanger and the Birth of the Birth Control Movement," Washington Post, March 24, 2017. www
  • "Sex, the Constitution, and Standing Up for Core Values," Philadelphia Inquirer, March 24, 2017.
  • "'Sex and the Constitution': Anthony Comstock and the Reign of the Moralists," Washington Post, March 23, 2017. www
  • "'Sex and the Constitution': Sexual Expression before the Moralists Invented Obscenity," Washington Post, March 22, 2017. www
  • "'Sex and the Constitution': The Ancient Greeks," Washington Post, March 21, 2017. www
  • "'Sex and the Constitution'," Washington Post, March 20, 2017. www
  • "The Constitution's Complicated Relationship With Sex and Obscenity," Time, March 2017. www
  • "Freedom of Speech and the Spread of Truth," Philadelphia Inquirer, December 12, 2016.
  • "Defining 'Free' Speech," Philadelphia Inquirer, December 9, 2016.
  • "The Republican Assault On The Integrity Of The Supreme Court," Huffington Post, November 27, 2016. www
  • "The Struggle Ahead," Huffington Post, November 20, 2016. www
  • "Alexander Hamilton Would Turn Over in His Grave," Crain's Chicago Business, November 3, 2016. www
  • "Are Detroit’s Most Terrible Schools Unconstitutional?," New York Times, October 21, 2016. www
  • "Free Expression in Peril," Chronicle of Higher Education, August 26, 2016. www
  • "An Open Letter to Those Who Feel the Bern," Huffington Post, June 14, 2016. www
  • "The Senate Republicans, Merrick Garland and the Lessons of History," Huffington Post, June 2, 2016. www
  • "Faithfully Executed: Obama's Immigration Plan and the Supreme Court," Huffington Post, May 16, 2016. www
  • "Criminals or Victims? Donald Trump and the Anti-Abortion Puzzle," Huffington Post, April 3, 2016. www
  • "Sen. Kirk, Here's How You Can Persuade the GOP to Consider Merrick Garland," Chicago Tribune, March 28, 2016. www
  • "The Supreme Court and the Republican Coup D'état," Huffington Post, March 19, 2016. www
  • "Donald Trump, Protest, and the First Amendment," Huffington Post, March 16, 2016. www
  • "An Unprecedented Breach of Norms by Senate Republicans," Huffington Post, March 10, 2016. www
  • "Do the Right Thing: Obstruction of Supreme Court Nominee Sets a Disastrous Precedent for the Future," ACSBlog, March 9, 2016.
  • "Justice Scalia's Greatest Failure," Huffington Post, March 5, 2016. www
  • "The Supreme Court Vacancy and the Constitutional Responsibilities of the Senate," Huffington Post, February 24, 2016. www
  • "Tough, Brilliant, and Kind: The Antonin Scalia I Knew," The Daily Beast, February 14, 2016. www
  • "ISIS, Fear, and the Freedom of Speech," Huffington Post, December 22, 2015. www
  • "Justice Scalia, Affirmative Action and the Perils of Oral Argument," Huffington Post, December 15, 2015. www
  • "Woodrow Wilson, Princeton University, and the Battles We Choose to Fight," Huffington Post, November 23, 2015. www
  • "In the Name of Decency…," Huffington Post, October 21, 2015. www
  • "Restoring Free Speech on Campus," Washington Post, September 25, 2015 (with Will Creeley). www
  • "Kim Davis and the Freedom of Religion," Huffington Post, September 8, 2015. www
  • "Academic Freedom and the Meaning of Courage," Huffington Post, August 25, 2015. www
  • "Dump the Trump," Huffington Post, August 6, 2015. www
  • "The Same-Sex Marriage Decision: What to Make of the Dissenters," Huffington Post, June 27, 2015. www
  • "Texas License Plates, the Confederate Flag and the Supreme Court," Huffington Post, June 20, 2015. www
  • "Academic Freedom Under Siege," Huffington Post, June 1, 2015. www
  • "How to Find Common Ground on One of the Most Pressing Issues of Our Time," Huffington Post, May 23, 2015. www
  • "The Supreme Court in 2025," Huffington Post, May 11, 2015. www
  • "Intelligence Gathering, Secrecy and the Congress Problem," Huffington Post, May 8, 2015. www
  • "Supreme Court Will Rule for Marriage: Here’s The Best Way," The Daily Beast, April 27, 2015. www
  • "Getting to Same-Sex Marriage," Huffington Post, April 25, 2015. www
  • "Texas License Plates and the Confederate Flag," Huffington Post, March 23, 2015. www
  • "Racist Rants and the University of Oklahoma: Getting It Wrong," Huffington Post, March 11, 2015. www
  • "Will the Court Kill Obamacare This Week?," The Daily Beast, March 3, 2015. www
  • "A Deadly Assault on Academic Freedom," Huffington Post, February 28, 2015. www
  • "Charlie Hebdo and the First Amendment," Huffington Post, February 17, 2015. www
  • "Campus Sexual Assault," Huffington Post, January 31, 2015. www
  • "Free Speech on Campus," Huffington Post, January 6, 2015. www
  • "Into the Breach," University of Chicago Magazine, January 2015. www
  • "A Sensible Anti-Abortion Policy," Huffington Post, December 18, 2014. www
  • "Obama Africanus the First," Huffington Post, December 6, 2014. www
  • "Does Free Speech Cover Murder Fantasies? The Supreme Court’s Definition of a 'Threat'," The Daily Beast, December 1, 2014. www
  • "Are the President's Actions on Immigration Legal?," Huffington Post, November 21, 2014. www
  • "Enact the USA Freedom Act," Huffington Post, November 14, 2014. www
  • "The Imitation Game," Huffington Post, November 6, 2014. www
  • "The Senate: A Republican 'Landslide'?," Huffington Post, November 6, 2014. www
  • "Who Controls the Senate Controls the Courts," The Daily Beast, November 2, 2014. www
  • "Same-Sex Marriage and the Dangers of Dawdling," Huffington Post, October 6, 2014. www
  • "Eric Holder's Legacy: Bold on Equality, Less So on Civil Liberties," The Daily Beast, September 25, 2014. www
  • "Our Politically Polarized Supreme Court?," Huffington Post, September 24, 2014. www
  • "The Rift in the ACLU Over Free Speech," Huffington Post, September 8, 2014. www
  • "Justice Kennedy Opened the Door to Same-Sex Marriage, Will He Walk Through Next?," The Daily Beast, August 3, 2014. www
  • "Religious Tests for Public Office and the Constitution," Huffington Post, July 14, 2014. www
  • "It’s Time to Shut the NSA’s Backdoor Used to Spy on Americans," The Daily Beast, July 3, 2014. www
  • "Understanding the Supreme Court's Abortion-Protest Decision," Huffington Post, June 27, 2014. www
  • "Justice Scalia, Religion, and the Failure of Legal Reasoning," Huffington Post, June 17, 2014. www
  • "Life in the Most Religious States," Huffington Post, June 14, 2014. www
  • "Do We Need the Supreme Court?," Huffington Post, May 22, 2014. www
  • "The National Review, Justice Sonia Sotomayor, and Affirmative Action," Huffington Post, April 24, 2014. www
  • "Politics, the Constitution and the Roberts Court," Huffington Post, April 20, 2014. www
  • "What I Told the NSA," Huffington Post, April 1, 2014. www
  • "Celebrating Sullivan: The Central Meaning of the First Amendment," Huffington Post, March 9, 2014. www
  • "The Noose, Ole Miss, and Free Speech," Huffington Post, February 20, 2014. www
  • "The President and the NSA," Huffington Post, January 19, 2014. www
  • "President Obama Asked Me to Review the NSA. Here's How I Grade His Reforms," New Republic, January 2014. www
  • "The NSA's Telephone Meta-Data Program is Unconstitutional," Huffington Post, January 10, 2014. www
  • "The NSA's Telephone Metadata Program Is Unconstitutional," Huffington Post, January 9, 2014. www
  • "Is the NSA's Bulk Telephony Meta-Data Program Constitutional: PART II," Huffington Post, January 6, 2014. www
  • "Is the NSA's Bulk Telephony Meta-Data Program Constitutional?," Huffington Post, January 3, 2014. www
  • "The NSA's Telephone Meta-Data Program: Part III," Huffington Post, January 3, 2014. www
  • "The NSA's Telephone Meta-Data Program: Part II," Huffington Post, December 28, 2013. www
  • "The NSA's Telephone Meta-Data Program: Part I," Huffington Post, December 24, 2013. www
  • "President Obama's Review Group on Foreign Intelligence Surveillance and Protecting the Privacy Interest of Non-Citizens, The Indian Express," The Indian Express, December 23, 2013. www
  • "Protecting the Nation While Upholding Our Civil Liberties," Chicago Tribune, December 21, 2013.
  • "Inside the President's Review Group: Protecting Security and Liberty," Huffington Post, December 21, 2013.
  • "Protecting Citizens and Their Privacy," New York Times, December 19, 2013. www
  • "The Nuclear Option: A Sad Day for America," Huffington Post, November 22, 2013. www
  • "The Difference Between Conservative and Liberal Justices," Huffington Post, November 3, 2013.
  • "House Republicans and the Betrayal of Democracy," Huffington Post, October 2, 2013. www
  • "Stop-and-Frisk: Why We Have Courts," Huffington Post, August 13, 2013. www
  • "Understanding Cause and Effect," Huffington Post, July 27, 2013. www
  • "Race in America: A More Perfect Union?," Huffington Post, July 21, 2013. www
  • "Reflections on the FISA Court," Huffington Post, July 5, 2013. www
  • "Why Bush Violated the Fourth Amendment, and Obama Has Not," The Daily Beast, July 1, 2013. www
  • "The Death of DOMA," The Indian Express, July 1, 2013. www
  • "Same-Sex Marriage as of . . . Now," Huffington Post, June 27, 2013. www
  • "Affirmative Action and the Future," Huffington Post, June 26, 2013. www
  • "Edward Snowden: "Hero or Traitor"?," Huffington Post, June 10, 2013. www
  • "Government Secrecy and the Nation's Security," Huffington Post, June 7, 2013. www
  • "Same-Sex Marriage in Illinois: The Role of the Black Church," Huffington Post, June 2, 2013. www
  • "Freedom of the Press and Criminal Solicitation," Huffington Post, May 21, 2013. www
  • "Freedom of the Press and Criminal Solicitation," Huffington Post, May 21, 2013. www
  • "The AP "Scandal": The Straight Scoop," Huffington Post, May 16, 2013. www
  • "Justice Ginsburg, Roe v. Wade and Same-Sex Marriage," Huffington Post, May 12, 2013.
  • "The Boston Bombing, The Right of Privacy and Surveillance Cameras," Huffington Post, May 6, 2013. www
  • "Justice Scalia, "Originalism" and Homosexuality," Huffington Post, April 17, 2013. www
  • "Conversation with a "Gay-Buster"," Huffington Post, April 9, 2013. www
  • "The Same-Sex Marriage Cases: Snatching Victory…," Huffington Post, March 27, 2013. www
  • "I Would Support Same-Sex Marriage…But for the CHILDREN!!," Huffington Post, March 20, 2013. www
  • "In Illinois, the Time is Now," Chicago Tribune, March 15, 2013.
  • "Illinois, Take this Step," Chicago Tribune, March 15, 2013.
  • "Same-Sex Marriage in Illinois: Now is the Time!," Huffington Post, March 14, 2013. www
  • "Bradley Manning and Military Overreach," Huffington Post, March 13, 2013. www
  • "The Supreme Court and the Right of Gays and Lesbians to Marry," Huffington Post, March 5, 2013. www
  • "The Second Amendment," Huffington Post, January 30, 2013 (with Adam Winkler). www
  • "Roe at 40!," Huffington Post, January 22, 2013. www
  • "Are Civil Unions "Good Enough" for Same-Sex Couples?," Huffington Post, January 18, 2013. www
  • "Understanding the Second Amendment," Huffington Post, January 9, 2013. www
  • "The Gun Debate," Huffington Post, January 7, 2013. www
  • "Guns: Put Up or Shut Up!," Huffington Post, January 4, 2013. www
  • "The Illinois Senate, Same-Sex Marriage and the Catholic Church," Huffington Post, January 3, 2013. www
  • "Cardinal George, Same-Sex Marriage and the Law of Nature," Huffington Post, January 1, 2013. www
  • "The Supreme Court in the 21st Century," Daedalus, Spring 2013. www
  • "Obama's Judgement Call," Indian Express, November 14, 2012. www
  • "Book Review (reviewing John Paul Stevens, Five Chiefs: A Supreme Court Memoir (2011))," Washington Independent Review of Books, October 3, 2011. www
  • "Our Untransparent President," New York Times, June 27, 2011. www
  • "A Clear Danger to Free Speech," New York Times, January 4, 2011. www
  • "Loyalty Oaths Fail the Test of Democracy," Los Angeles Times, March 11, 2008. www
  • "Bill Clinton's Folly a Party Disgrace," Chicago Tribune, January 31, 2008.
  • "The Supreme Court and the Rule of Law," New Orleans Times-Picayune, October 23, 2007.
  • "Securing the Homeland (reviewing Jack Goldsmith, The Terror Presidency: Law and Judgment inside the Bush Administration (2007))," Chicago Tribune, October 7, 2007, at p.4.
  • "History Lessons Never Learned: Legacy of Three Predecessors Could Have Taught Gonzales How to Serve Honorably," Chicago Tribune, August 29, 2007, at p. C25.
  • "The Gospel and Hate Crimes," Los Angeles Times, August 23, 2007, at p. 25. www
  • "U. S. Civil Liberties Remain Strong.," Financial Times, August 20, 2007. www
  • "The Wrong Side of History," Chicago Tribune, June 12, 2007.
  • "Press Freedoms," Commentary, May 2007. www
  • "Our Faith-Based Justices," Chicago Tribune, April 30, 2007.
  • "A Narrow View of the Law," Chicago Tribune, February 6, 2007.
  • "Secrecy: the Enemy of Democracy," Chicago Tribune, December 17, 2006, at p. C7.
  • "Taking Liberties (reviewing John Yoo, War by Other Means: An Insider's Account of the War on Terror (2006))," Washington Post, November 6, 2006, at p.T06.
  • "The U.S. Can Keep a Secret: Maintaining National Security and Ensuring Openness," Los Angeles Tribune, June 6, 2006. www
  • "Freedom and Public Responsibility," Chicago Tribune, May 21, 2006.
  • "Government Spying: Why Should We Care?," Chicago Tribune, March 13, 2006.
  • "Authors Say Lincoln was No.1 Enemy of the Press, review of Jeffrey Manber and Neil Dahlstrom, Lincoln’s Wrath," Chicago Tribune, February 13, 2006.
  • "On NSA Spying: A Letter to Congress," New York Review of Books, February 2006. www
  • "Why the Senate Should Not Confirm Alito," Chicago Tribune, January 24, 2006.
  • "So Much for Protecting the Constitution!," Chicago Tribune, December 21, 2005.
  • "Cronyism and the Court," Chicago Tribune, October 4, 2005.
  • "Rehnquist’s Legacy Doesn’t Measure Up," Chicago Tribune, September 6, 2005.
  • "President Bush’s Blink," Chicago Tribune, July 27, 2005.
  • "Revisiting the Patriot Act," Chicago Tribune, July 8, 2005.
  • "Supreme Court Tales from the Pleading Side of the Bench (reviewing Floyd Abrams, Speaking Freely: Trials of the First Amendment (2005))," New York Times, April 17, 2005, at p.B14. www
  • "They're Watching You . . . (reviewing Robert O'Harrow, No Place to Hide (2005))," Washington Post, February 21, 2005, at p.BW04.
  • "Book Review (reviewing Floyd Abrams, Speaking Freely: Trials of the First Amendment (2005))," Chicago Daily Law Bulletin, 2005.
  • "Dissent Is Not Disloyal," Chicago Tribune, December 24, 2004.
  • "Justices Who Won't Run with the Wolves," Los Angeles Times, November 15, 2004. www
  • "I Sympathize with the Times; Nevertheless . . .," Wall Street Journal, October 24, 2004.
  • "Miller, Novak, Plame, Wilson," Wall Street Journal, October 18, 2004. www
  • "America's New McCarthyism," Chicago Tribune, October 17, 2004.
  • "Civil Liberties at Risk Again: A U.S. Tradition," Chicago Tribune, February 16, 2003.
  • "The Supreme Court Must be Extra Vigilant in Wartime," Chicago Tribune, October 9, 2002.
  • "Eight Things a Former Provost No Long Believes about Information Technology," Educause Review, 2002. www
  • "Equal Protection? The Supreme Court's Decision in Bush v. Gore," Fathom, 2002. www
  • "Civil Rights and Military Tribunals," Fathom, 2002 (with Kenneth Adams, Herbert J. Stern & David A. Strauss). www
  • Regular Contributor, The Daily Beast.
  • Regular Contributor, Huffington Post.
  • "What If America Had Only One Mixed Race?," Chicago Tribune, March 31, 1999, at p. 17.
  • "Moral Zealotry is a Worse Crime," Chicago Tribune, February 20, 1999, at p. 20.
  • "A Federal Case on Free Speech," Chicago Tribune, February 9, 1994, at p. 19.
  • "In Honor of Nisba," University of Chicago Law School Record, Spring 1994.
  • "Pornography Regulation Deserves to be Discussed," Chicago Sun-Times, March 13, 1993.
  • "Closing Argument," University of Chicago Law School Record, 1993.
  • "Thanks, Hanna," University of Chicago Law School Record, Spring 1993.
  • "Bush's Losing Judicial Philosophy," Chicago Tribune, October 28, 1992, at p. 19 (with David A. Strauss).
  • "Ronald's Nobel," University of Chicago Law School Record, Spring 1992.
  • "Center for the Study of Constitutionalism in Eastern Europe," University of Chicago Law School Record, Fall 1992.
  • "A University School of Law," University of Chicago Law School Record, 1991.
  • "Scholarly Research," University of Chicago Law School Record, Spring 1990.
  • "International Law," University of Chicago Law School Record, Fall 1990.
  • "Students," University of Chicago Law School Record, Spring 1990.
  • "Public Service," University of Chicago Law School Record, Fall 1989.
  • "The Law and Economics Program," University of Chicago Law School Record, Spring 1989.
  • "A Free Press: Watchdog, Forum and Information-giver," Chicago Tribune, June 24, 1988, at p. 21.
  • "Teaching," University of Chicago Law School Record, Fall 1988.
  • "The Mandel Legal Aid Clinic," University of Chicago Law School Record, Spring 1988.
  • "Program in Law and Government," University of Chicago Law School Record, 1987.
  • "The Responsibilities of a Free Press," Bulletin of the American Academy of Arts and Sciences, 1987.
  • "On Open Meetings," Academe, January/February 1986.
  • "Diluting the Fourth Amendment," Chicago Tribune, February 14, 1985, at p. 27.
  • "The Court is Undermining Individual Freedoms," USA Today, July 13, 1983, at p. 8A.
  • "An Amendment for School Prayer: Unnecessary, Unsound," Chicago Lawyer, 1982.
  • "Report of the Faculty Advisory Committee on University Awards and Prizes," University of Chicago Law School Record, April 1980 (with Irwin H. Rosenberg).
  • "The FBI Charter," University of Chicago Law School Record, 1980.
  • "Thurgood Marshall: Frustrated Conscience of the Court," National Law Journal, 1980, at p. 24.

Presentations

Recent Lectures and Presentations (2003-present)

  • Abrams Institute (Yale Law School)
  • Academic Engagement Network
  • Adam Smith Society Dinner (2017)
  • Adler Planetarium
  • American Academy of Appellate Lawyers
  • American Academy of Arts and Sciences
  • American Civil Liberties Union
  • American Bar Association American Bar Association Section on Individual Rights and Responsibilities (Thurgood Marshall Lecture)
  • Appellate Lawyers Association
  • American Bar Association Section on Litigation
  • American Bar Foundation
  • American Constitution Society
  • American Jewish Committee (Learned Hand Lecture)
  • American Law Institute
  • American Law Institute (Annual Dinner Address)
  • American Library Association
  • American Philosophical Society
  • American Society of Newspaper Editors
  • American University
  • Anti-Defamation League
  • Arizona Bar Association (John P. Frank Lecture)
  • Arizona State University School of Law
  • Aspen Ideas Festival (2016, 2017)
  • Aspen Institute
  • Boston University School of Law
  • Brennan Center
  • Brooklyn Law School (The Roberts Court and the First Amendment)
  • Brown University
  • Business and Professional People for the Public Interest
  • Cardozo Law School
  • Case Western University School of Law
  • Center for First Amendment Rights
  • Center for Women’s History at the New York Historical Society
  • Chautauqua
  • Chicago Bar Association
  • Chicago Council of Lawyers
  • Chicago Council on Global Affairs
  • Chicago Humanities Festival (2006-2018)
  • Chicago Humanities Festival (National Security, Leaks and Freedom of the Press) (with John Brennan and Ellen Nakashima (2021)
  • Chicago Humanities Festival (Social Media and Democracy) (with Emily Bazelon and Monika Bickert) (2021)
  • Chicago Humanities Festival (Hate Speech) (with Mary Anne Franks and Nadine Strossen) (2021)
  • Chicago Humanities Festival Salon (The First Amendment) (2021)
  • Chicago Humanities Forum (2017)
  • Chicago Ideas Week (2018)
  • Chicago-Kent School of Law
  • Chicago Lawyers Committee for Civil Rights Under Law
  • Chicago Public Library
  • Chicago Tribune Book Fair
  • City Club of Chicago
  • Columbia Journalism School
  • Columbia Law School
  • Columbia University (Presidential Lecture)
  • Contemporary Club of Chicago
  • Council on Global Affairs
  • Creighton University (TePoel Lecture)
  • Dartmouth College
  • Dickinson College (Pflaum Lecture in History)
  • Drake University School of Law
  • Duke University School of Law
  • Duke University – National Security Conference
  • Ethical Humanist Society
  • Federal Bar Association (2020, 2021)
  • Federal Communications Bar Association
  • Federal Judicial Center
  • Federalist Society
  • First Amendment Center
  • First Amendment Forum
  • First Amendment Lawyers’ Association
  • First Amendment Salon
  • Fordham University Law School
  • Fortnightly Club (Chicago) (2015)
  • Fortnightly Club (Chicago) (2017)
  • Fortnightly Club (Chicago) (2021)
  • Foundation for Individual Rights in Education National Conference (2018)
  • Freedom Forum
  • Freedom from Religion Foundation
  • Georgetown University Law Center
  • George Washington University
  • Georgia State University (Miller Lecture)
  • Gonzaga University (William O. Douglas Lecture)
  • Harvard Kennedy School of Public Policy
  • Harvard Law School
  • Higher Learning Commission (Keynote Address at Annual Meeting)
  • Human Rights Watch
  • Illinois Humanities Council
  • Illinois State University/League of Women Voters
  • Illinois Women's Institute for Leadership (2018)
  • Italian Constitution Society
  • Jewish Council on Urban Affairs
  • Jewish United Fund
  • John Marshall Law School
  • Lawyers Club of Chicago
  • League of Women Voters
  • Lewes History Book Festival
  • Library of Congress
  • Louisiana State University
  • Los Angeles Times Festival of Books (2004) (2017)
  • McCormick Tribune Foundation: The Military and the Press
  • McCormick Tribune Freedom Museum
  • Medill School of Journalism (National Press Club)
  • Modern Language Association (2019)
  • Montgomery Place (2013, 2014, 2015, 2016, 2017)
  • National Archives
  • National Constitution Center (2013, 2014, 2015, 2016, 2017, 2021)
  • National Constitution Center (Free Speech in the U.S. and France)
  • National Immigrant Justice Center
  • National Security Agency
  • New England School of Law
  • Newseum
  • New York Historical Association
  • New York Historical Society (Sex and the Constitution)
  • New York Historical Society (The Warren Court)
  • New York Public Library
  • New York University School of Law (Jacob K. Javits Lecture)
  • New York University School of Law (Lewis Rudin Lecture)
  • New York University School of Law (American Constitution Society)
  • Ninth Circuit Judicial Conference
  • Northwestern University Law School
  • Northwestern University Medill School of Journalism
  • Notre Dame University Human Rights Program (London)
  • Old Dominion University (Modern Era Distinguished Lecture)
  • Pepperdine University School of Law (Keynote Address)
  • Phoenix Society
  • Planned Parenthood of Illinois
  • Planned Parenthood of New York
  • Planned Parenthood of Virginia
  • Politics & Prose
  • Pomona College (Hart Lecture)
  • Princeton University (Woodrow Wilson School)
  • Princeton University (Keynote Address: Conference on Civil Liberties in ` Wartime)
  • Purdue University
  • Reporters Committee for Freedom of the Press (National Press Club)
  • Robert F. Kennedy Memorial Foundation
  • Robert Jackson Center
  • Roosevelt House
  • Russell Sage Foundation
  • Rutgers Law School (Camden)
  • Rutgers Law School (Newark) (Paul S. Miller Distinguished Lecture)
  • St. John’s University School of Law
  • Scholars at Risk Annual International Conference (Keynote Address)
  • Seminary Coop
  • Seventh Circuit Bar Association (Social Media and Democracy) (2021)
  • Seventh Circuit Judicial Conference
  • Smithsonian Institution
  • Southern Methodist University Dedham School of Law
  • Stanford Business School
  • Stanford Law School
  • Stanford Law School (American Constitution Society)
  • Stevenson Center on Democracy (The Warren Court 2020)
  • Stony Brook University
  • Suffolk University School of Law (Masterman Lecture)
  • Supreme Court Historical Society
  • Texas A & M University (A.R. Sanchez Distinguished Lecture)
  • Tufts University
  • Tulane University School of Law
  • United States Department of Justice – National Security Division
  • Union League Club of Chicago
  • United States Senate Select Committee on Intelligence (testimony)
  • United States Senate Committee on the Judiciary (testimony)
  • University of Arizona Law School (Marks Lecture)
  • University of California School of Law (William J. Brennan Lecture)
  • University of California at Davis (James B. McClatchy Lecture)
  • University of California at Los Angeles (Melville B. Nimmer Lecture)
  • University of California at San Diego (DeWitt Higgs Memorial Lecture)
  • University of Chicago (Nora and Edward L. Ryerson Lecture 2015)
  • University of Chicago (William Rainey Harper Lecture) (multiple)
  • University of Chicago Divinity School (John Nuveen Lecture)
  • University of Chicago Law School
  • University of Chicago Law School (Dean’s Circle)
  • University of Chicago (Aims of Education Address 2016)
  • University of Chicago (Aims of Education Address 1995)
  • University of Chicago (Convocation Address)
  • University of Chicago (Chicago’s Best Ideas Lecture) (2005-2014)
  • University of Chicago (Coase Centennial Conference)
  • University of Chicago (Thirteenth Amendment Conference)
  • University of Chicago (Privacy, The First Amendment and the Internet)
  • University of Chicago (The British Novel and the Law)
  • University of Chicago (Scherer Lecture 2017)
  • University of Chicago (Stigler Center 2020)
  • University of Chicago (Harper Lecture 2016) (Washington D.C.)
  • University of Chicago (Harper Lecture 2017) (Chicago)
  • University of Chicago (Harper Lecture (2020) (Zoom)
  • University of Chicago Institute of Politics (NSA Surveillance)
  • University of Chicago Institute of Politics (Interview of Edward Snowden)
  • University of Chicago Phoenix Lecture (2017) (Free Speech on Campus)
  • University of Chicago (Scherer Lecture)
  • University of Chicago Women’s Board (The Roberts Court) Constitution)
  • University of Chicago Women’s Board (The Road to Roe)
  • University of Colorado (Alumni College Lecture)
  • University of Colorado (John R. Coen Lecture)
  • University of Colorado (LeRoy Keller Distinguished Lecture)
  • University of Illinois Law School
  • University of Illinois (David C. Baum Lecture in Civil Rights and Civil Liberties)
  • University of Indiana
  • University of Indiana Maurer School of Law (Constitution Day Address)
  • University of Miami School of Law (John Hart Ely Lecture)
  • University of Michigan Law School
  • University of Michigan Law School (American Constitution Society)
  • University of Minnesota (Silha Lecture)
  • University of Mississippi (Burnita Shelton Matthews Memorial Lecture)
  • University of Missouri Law School
  • University of Nevada (Philip Pro Lecture in Legal History)
  • University of North Carolina
  • University of North Carolina First Amendment Symposium
  • University of North Carolina Conference on Brown v. Board of Education
  • University of North Carolina (Greenboro)
  • University of Oregon
  • University of Paris
  • University of Pennsylvania Law School
  • University of Pennsylvania – Andrea Mitchell Center
  • University of Seattle Law School
  • University of Southern California School of Law (Allen Neiman & Alan Sieroty Lecture in Civil Liberties)
  • University of Texas School of Law
  • University of Virginia Law School (William J. Brennan Lecture)
  • University of Wisconsin Law School (American Constitution Society)
  • University of Wisconsin Law School (Thomas E. Fairchild Lecture)
  • University of Wisconsin (Milwaukee)
  • Villanova University School of Law (John F. Scarpa Center Symposium)
  • Virginia Booksellers Association
  • Wabash College (David W. Peck Lecture)
  • Washington University School of Law
  • Wayfarers Club
  • Wesleyan University (Hugo F. Black Lecture)
  • William and Mary
  • Williams College
  • Woodhall Freedom Foundation
  • Woodrow Wilson Center
  • Yale Law School Conference on Martha Minow’s book Saving the News
  • Yale University Conference on Freedom of the Press

Additional Activities

Memberships and Professional Affiliations

  • Member, Board of Directors, Seminary Coop Bookstore (2022-present)
  • Member, Advisory Board, United States Free Speech Union (2021-present)
  • American Association of University Professors, Litigation Committee (2020-present)
  • Honorary Board, Freedom from Religion Foundation (2020-present)
  • Board of Directors, Debate It Forward (2018-present)
  • Member, National Board of Advisors, American Constitution Society (2016-present)
  • Advisor, American Law Institute Project on Principle of the Law: Police Investigations (2015-present)
  • Member, American Philosophical Society (2010-present)
  • Member, Advisory Board, The National Constitution Center (2008-present)
  • Governing Board, Straight for Equality (2006-present)
  • Member, American Law Institute (2003-present) (1987-1993, ex officio)
  • Member, The Constitution Project: Liberty and Security Initiative (2003-present)
  • Board of Directors, American Constitution Society Chicago Lawyers Chapter (2006-present) (Co-Chair of the Board, 2006-present)
  • National Advisory Council, The American Civil Liberties Union (1998-present)
  • Fellow, American Academy of Arts and Sciences (1990-present)
  • Member, Nation Board of Advisors, University of California Center on Free Speech and Civic Engagement (2017-2024)
  • Member, National Advisory Council, Center for Democracy and Technology (2016-2018)
  • Member, Senior Advisory Group to the Director of National Intelligence (2015-2016)
  • President's Review Group on Intelligence and Communications Technologies (2013-2014)
  • Board of Directors, American Constitution Society (2004-2012) (Chair of the Board, 2010-2011)
  • Member, State of Illinois Death Penalty Reform Study Commission (2004-2010)
  • Board of Directors, Chicago Children’s Choir (2003-2011) (Chair of the Board, 2004-2008)
  • Vice-President, American Academy of Arts and Sciences (2005-2007)
  • Chair, Midwest Center of the American Academy of Arts and Sciences (2005-2007)
  • Member, “Thinking Out-of-the Box” Committee, Section on Legal Education, The American Bar Association (2000-2007)
  • Board of Directors, The MacArthur Justice Center (2003-2006)
  • Board of Directors, The Smart Museum (2002-2006)
  • Board of Directors, First Oak Brook Bankshares and Oak Brook Bank (1992-2006)
  • Board of Governors, Chapin Hall Center for Children (2001-2003)
  • Board of Directors, The Renaissance Society (2001-2006)
  • Member, National Academy of Sciences Commission on Protecting Children from Pornography on the Internet (2000-2002).
  • Board of Governors, Argonne National Laboratory (1994-2001)
  • Board of Directors, National Opinion Research Center (1994-2001)

Awards and Honors

  • 2024 Keynote Address, University of North Carolina Law School Symposium (Free Speech and Universities)
  • 2021 University of Chicago John Mclean Award for Extraordinary Contributions to Teaching and to the Student Experience
  • 2019 Thomas E. Fairchild Lecture, The University of Wisconsin Law School (The Warren Court: A Fifty Year Retrospective)
  • 2018 Keynote Address, Case Western Reserve Law School Symposium (National Security, National Origin, and the Constitution 75 Years After E.O. 9066)
  • 2018 Keynote Address, Foundation for Individual Rights in Education Annual Conference (Free Speech on Campus)
  • 2018 Keynote Address, New York Historical Society Conference on Sex and the Constitution
  • 2018 Keynote Address, University of North Carolina Law School, (Conference on Sex and Religion)
  • 2017 Keynote Address, The Higher Learning Commission’s Annual Convention (Free Speech on Campus)
  • 2017 Keynote Address, The Academic Engagement Network’s Annual Meeting (Free Speech on Campus)
  • 2017 Keynote Address, Arizona State University, School of Civic and Economic Thought and Leadership (Free Speech on Campus)
  • 2016 First Amendment News Award for “Best First Amendment Speech of the Year” for Free Speech on Campus: A Challenge of Our Times
  • 2016 Aims of Education Address, The University of Chicago (September 22, 2016) (Free Speech on Campus: A Challenge of Our Times)
  • American Law Institute Annual Dinner Address (May 17, 2016) (Free Speech on Campus)
  • Named to Law Dragon’s Ten-Year Lawyer Hall of Fame (the most influential 100 lawyers in America) (2016)
  • 2015 First Amendment News Award for “Best First Amendment Op-Ed or the Year” for ISIS, Fear, and Free Speech
  • 2015 Nora and Edward Ryerson Lecturer, The University of Chicago (April 22, 2015) (Sexing the Constitution: Getting to Same-Sex Marriage)
  • 2014 American Library Association’s James Madison Award (for the work of the President’s Review Group and Liberty and Security in a Changing World)
  • 2012 Honored as “Legal Legend” by the American Constitution Society
  • 2011 Business and Professional People for the Public Interest “Champion of the Public Interest” Award
  • 2010 Kathryn Matkov Award for “lifetime commitment to excellence in defining, illuminating and informing the public on issues critical to American society” (Chicago Chapter of the Federal Bar Association)
  • 2007 Wabash College’s David Warner Peck Medal for Eminence in the Law
  • 2006 University of Chicago’s Provost Award for Outstanding Teaching
  • 2006 Goldsmith Book Prize of the John F. Kennedy School of Government, Harvard University, for the Best Book of the Year in Government or Politics (Perilous Times)
  • Honorary Degree, John Marshall School of Law (May 21, 2006)
  • 2006 Hugh M. Hefner First Amendment Award for Best Book of the Year (Perilous Times)
  • 2005 Los Angeles Times Book Prize for the Best Book of the Year in History (Perilous Times)
  • 2005 Robert F. Kennedy Memorial Book Prize (Perilous Times)
  • 2005 American Political Science Association’s Kammerer Award for the Best Book of the Year in Political Science (Perilous Times)
  • 2005 Scribes Book Award for the Best Book of the Year in Law (Perilous Times)
  • 2005 American Civil Liberties Union’s Harry Kalven Freedom of Expression Award
  • Finalist for the American Bar Association’s 2005 Silver Gavel Award for the Best Book of the Year in Law (Perilous Times)
  • Perilous Times was listed as one of the Notable Books of 2004 by the New York Times, the Washington Post, the Los Angeles Times, the Chicago Tribune, the Christian Science Monitor and the Philadelphia Inquirer

Editorial Work

  • Co-Editor, The Supreme Court Review (1991-present)
  • Editorial advisory board, Political Science Quarterly (2005-present)

Recent Briefs

  • Fulton v. City of Philadelphia, Brief for First Amendment Experts, Supreme Court of the United States (Catholic organization’s discrimination against gay couples) (2021)
  • Whole Woman’s Health v. Cole, Brief for Constitutional Law Scholars, Supreme Court of the United States (abortion rights) (2016)
  • Obergefell v. Hodges, Brief for Constitutional Law Scholars, Supreme Court of the United States (same-sex marriage) (2015)
  • Hollingsworth v. Perry; United States v. Windsor, Brief for Constitutional Law Scholars, Supreme Court of the United States (same-sex marriage) (2012)
  • Latif v. Obama, Brief for Constitutional Scholars, Supreme Court of the United States (habeas corpus) (2012)
  • Scott v. Saint John’s Church in the Wilderness, Brief for Constitutional Scholars, Supreme Court of the United States (first amendment) (2012)
  • United States v. Stevens, Brief for Constitutional Scholars, Supreme Court of the United States (first amendment) (2010)
  • Al-Marri v. Spagone, Brief for Constitutional Scholars, Supreme Court of the United States (military detention) (2009)
  • Hamdan v. Rumsfeld, Brief for Constitutional Scholars, Supreme Court of the United States (Guantanamo detainees) (2006)
  • Rasul v. Bush, Brief for Fred Korematsu, Supreme Court of the United States (Guantanamo detainees) (2004)
  • Odah v. United States, Brief for Fred Korematsu, Supreme Court of the United States (Guantanamo detainees) (2004)
  • Lawrence v. Texas, Brief for Constitutional Scholars, Supreme Court of the United States (rights of gays and lesbians) (2003)
  • William Jefferson Clinton v. Paula Corbin Jones, Brief for William Jefferson Clinton, (Supreme Court of the United States) (separation of powers) (1997)
  • Bishop v. Smith, Brief for Constitutional Scholars, (10th Circuit) (same-sex marriage) (2014)
  • Kitchen v. Herbert, Brief for Constitutional Scholars, (10th Circuit) (same-sex marriage) (2014)
  • DeBoer v. Snyder, Brief for Constitutional Scholars, (6th Circuit) (same-sex marriage) (2014)
  • Tanco v. Haslam, Brief for Constitutional Scholars (6th Circuit) (same-sex marriage) (2014)
  • Bourke v. Beshear, Brief for Constitutional Scholars (6th Circuit) (same-sex marriage) (2014)
  • Bostic v. Schaefer, Brief for Constitutional Scholars (4th Circuit) (same-sex marriage) (2014)
  • DeBoer v. Snyder, Brief for Constitutional Scholars, (E.D. Michigan) (same-sex marriage) (2013)