![]() ![]() ![]() This Article traces how and why the First Amendment has gone from a shield of the powerless to a sword of the powerful in the past hundred years. This Article is dedicated to the memory of my teacher and dear friend, Thomas I. ![]() The Virginia Law Review has my gratitude for courage, principle, and independent thinking, as well as for precision, persistence, and undaunted hard work at a time of challenge. Overcoming the best efforts of the latter, this Article is finally being published in full. Lee and Geoff practice freedom of expression, contrasting with goose-steppers to First Amendment fundamentalism. ![]() A preliminary sketch appears in The Free Speech Century 140 (Lee Bollinger & Geoffrey Stone eds., 2019). Deliveries of the core ideas at the First Amendment conference at Columbia University sponsored by Vince Blasi in November, 2019, and at The McCorkle Lecture at the University of Virginia, February 6, 2020, produced clarifying discussions. The essential University of Michigan Law Library and the Cook Fund supported my work beyond measure, always being there. *The insightful assistance of Lori Watson and Lisa Cardyn, of Max Waltman (especially in helping to wrestle the vast empirical materials on the harms of pornography below the line), and of Lori Interlicchio for her tremendous help with footnote form and accuracy, is gratefully acknowledged. ![]()
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