Hopi Tribe v. Ariz. Snowbowl Resort Ltd. P’ship
430 P.3d 362 (Ariz. 2018). Case brief by Robert Ito. Full Case Brief
Brandenburg v. Ohio and its Relationship to Masses Publishing Co. v. Patten
50 Ariz. St. L.J. 791 (2018). Martha A. Field. My role in this symposium, and my paper, are less academic than others’. I clerked for Justice Abe Fortas during the 1968–69 Term and worked with him on Brandenburg v. Ohio.…
The State of Free Speech Doctrine in 1917
50 Ariz. St. L.J. 911 (2018). David M. Rabban. Contrary to the assumption of most legal scholars and judges since 1917, there was substantial adjudication of free speech issues throughout the state and federal judicial systems in the late nineteenth…
The Historical Significance of Judge Learned Hand: What Endures and Why?
50 Ariz. St. L.J. 855 (2018). Edward A. Purcell, Jr. The 100th anniversary of Judge Learned Hand’s opinion in Masses Publishing Co. v. Patten invites us to look back on its author’s long career and to consider his contributions to American…
Art’s First Amendment Status: A Cultural History of The Masses
50 Ariz. St. L.J. 687 (2018). Amy Adler. This Article explores a little-known chapter in the cultural history of The Masses, the radical, iconoclastic, and artistically cutting-edge publication that was the subject of Learned Hand’s landmark First Amendment decision in…
Learned Hand’s Masses Decision: Vindication and Influence
50 Ariz. St. L.J. 927 (2018). James Weinstein. On July 24, 1917, Learned Hand, then a young judge on the United States District Court for the Southern District of New York, enjoined the New York City Postmaster from refusing to…
Anxiety and Influence: Learned Hand and the Making of a Free Speech Dissent
50 Arz. St. L.J. 803 (2018). Thomas Healy. In a letter to Justice Oliver Wendell Holmes in the spring of 1919, Learned Hand described his decision in Masses Publishing Co. v. Patten as “my little toy ship which set out quite…
Learned Hand’s Seven Other Ideas About the Freedom of Speech
50 Ariz. St. L.J. 717 (2018). Vincent Blasi. I say “other” because, regarding the freedom of speech, Learned Hand has suffered the not uncommon fate of having his best ideas either drowned out or credited exclusively to others due to…
The Origins of the Espionage Act of 1917: Was Judge Learned Hand’s Understanding of the Act Defensible?
50 Ariz. St. L.J. 919 (2018). Geoffrey R. Stone. In the spring offensives of 1915, England and France lost 240,000 men and Germany 140,000, with no net change in position. The following summer, the British suffered 60,000 casualties on a…
Lawyer for The Masses: The Role of Gilbert Roe in Masses Publishing Co. v. Patten
50 Ariz. St. L.J. 747 (2018). Eric B. Easton. Masses Publishing Co. v. Patten is justly celebrated for the courageous, if futile, opinion of Judge Learned Hand. The Masses itself is justly celebrated for its courageous, if futile, opposition to…