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  • 2 Live Crew

A Florida court said 2 Live Crew’s rap lyrics were obscene, but a circuit
court reversed the decision, saying the music was protected by the First
Amendment.

  • A. Mitchell Palmer

A. Mitchell Palmer directed the “Palmer raids,” a series of roundups of
thousands of radicals suspected of communist subversion. The raids violated
First Amendment liberties.

  • Aaron Caplan

Aaron Caplan is a First Amendment scholar who has focused on Internet free
speech cases and has litigated for the ACLU. He teaches at Loyola Law
School.

  • Abe Fortas

Supreme Court Justice Abe Fortas wrote several influential First Amendment
opinions, including Tinker v. Des Moines Independent Community School
District (1969).

  • Abraham Lincoln

Though revered by history, Abraham Lincoln has been criticized for his
restrictions on civil liberties during the Civil War, including First
Amendment freedoms. People expressing pro-Confederate sentiments were
arrested, and the Chicago Times newspaper was shuttered for criticizing
Lincoln’s administration.

  • Albert Gallatin

Albert Gallatin, best known as President Thomas Jefferson’s secretary of
the Treasury, promoted civil liberties, including those found in the First
Amendment.

  • Alex Kozinski

Alex Kozinski, a former judge on the 9th U.S. Circuit Court of Appeals, is
well-known for his First Amendment writings in the areas of commercial
speech and publicity.

  • Alexander Bickel

Alexander Bickel, a well-known legal scholar, was the attorney for the New
York Times in the Pentagon Papers case that advanced First Amendment press
freedom.

  • Alexander Hamilton

Though initially opposed to the Bill of Rights, Alexander Hamilton had a
lifelong concern with the individual liberties guaranteed by the First
Amendment.

  • Alexander Meiklejohn

Alexander Meiklejohn argued that the First Amendment’s primary purpose is
to ensure that voters are free to debate in order to make informed choices
about their self-government.

  • Alexis de Tocqueville

Alexis de Tocqueville wrote one of the most profound discussions of
American democracy in the 19th century. He was particularly impressed by
the role of First Amendment freedoms.

  • Alfred Knight III

Alfred M. Knight III was a Nashville-based attorney who specialized in
First Amendment and open government litigation. For much of his career, he
represented The Tennessean.

  • Algernon Sidney

Algernon Sidney was the world’s most celebrated martyr for free speech.
Sidney became a hero to American Founding Fathers who used the First
Amendment to protect free speech.

  • Alvin Goldstein

Alvin Goldstein was an outspoken publisher of pornography and advocate of
free speech who was engaged in several First Amendment battles in the
courts.

  • Amy Coney Barrett

Amy Coney Barrett was appointed to the U.S. Supreme Court in October 2020
to fill a vacancy after Justice Ruth Bader Ginsberg died. Still new to the
court, it will take more cases to fully examine her record on First
Amendment law.

  • Andrea Dworkin

Andrea Dworkin, a radical feminist writer and theorist, rejected First
Amendment protections for pornography, arguing that pornography encourages
violence against women.

  • Anne Hutchinson

Anne Hutchinson was a religious leader in the Massachusetts Bay Colony and the mother of 15 children. She held Bible studies in her home, which were attended by both men and women, and she challenged the authority of the Puritan clergy. Hutchinson was eventually banished from the colony and moved to Rhode Island.

  • Anthony Comstock

Anthony Comstock imposed his Victorian values on a rapidly urbanizing
United States, sometimes in disregard for the protections afforded by the
First Amendment.

  • Anthony Kennedy

Anthony Kennedy has frequently been the swing vote in First Amendment
cases. He has tended to side with protections for free speech and
accommodation on religious matters.

  • Anthony Lewis

Anthony Lewis was a Pulitzer Prize-winning journalist who covered the
Supreme Court for the New York Times and authored several First Amendment
books.

  • Antonin Scalia

Supreme Court Justice Antonin Scalia viewed First Amendment protections in
a narrow fashion. He was a staunch conservative and viewed the Constitution
as an originalist.

  • Archibald Cox

Archibald Cox is best known for his role as special prosecutor in the
Watergate investigation, but his career also involved a number of First
Amendment issues.

  • Arthur Goldberg

Supreme Court Justice Arthur Goldberg was a consistent vote for the
protection of First Amendment freedoms, including in the landmark case New
York Times Co. v. Sullivan.

  • Arthur Hays

Arthur Hays was founding member of the American Civil Liberties Union.
Although he had many corporate clients, he is best known for defending
First Amendment freedoms.

  • Arthur Kinoy

Arthur Kinoy was a well-known civil liberties attorney, who tirelessly
advocated for liberal causes. He argued a few First Amendment cases before
the Supreme Court.

  • Arthur Miller

Arthur Miller’s criticisms of McCarthyism in one of his plays led to a
congressional investigation, where he stood by his First Amendment rights
of association.

  • Benjamin Cardozo

Supreme Court Justice Benjamin Cardozo authored many opinions that
supported freedom of the press and free speech, which he viewed as the
foundation of liberty.

  • Benjamin Cardozo

Supreme Court Justice Benjamin Cardozo authored many opinions that
supported freedom of the press and free speech, which he viewed as the
foundation of liberty.

  • Benjamin Franklin

Benjamin Franklin, a man of many talents, helped shape the U.S.
Constitution and was a lifetime champion of First Amendment freedoms,
particularly freedom of the press.

  • Benjamin Franklin Bache

Benjamin Franklin Bache, grandson of Benjamin Franklin, was arrested under
the Sedition Act of 1798. In his partisan journalism he was accused of
libeling President John Adams.

  • Brett Kavanaugh

Supreme Court Justice Brett Kavanaugh, confirmed in 2018, authored many
First Amendment decisions while on the U.S. Court of Appeals for the D.C.
Circuit. Among the issues in his opinions are protest rights, defamation,
campaign finance and freedom of speech and press.

  • Bruce Sanford

Bruce Sanford is a partner in the Washington, D.C., office of BakerHostetler, where he practices media law and litigation.

  • Byron White

Byron Raymond White was a Supreme Court justice whose First Amendment
opinions tended to give less importance to press freedom and student speech
concerns.

  • C. Edwin Baker

C. Edwin Baker was a leading First Amendment scholar who wrote Human
Liberty and Freedom of Speech. He described the liberty model justification
for freedom of expression.

  • Catharine MacKinnon

Feminist legal scholar Catharine MacKinnon argues that pornography should
be illegal as it perpetuates sexual inequality. She has faced pushback from
First Amendment proponents.

  • Charles Hughes

Charles Hughes was a Supreme Court justice twice. He supported relatively
broad First Amendment protections while and helped preserve judicial
independence.

  • Clarence Darrow

Clarence Darrow is one of America’s most famous defense attorneys who
sought to protect First Amendment rights. He is best known for his role in
the Scopes monkey trial.

  • Clarence Thomas

Justice Clarence Thomas has surprised observers with his independent vision
on First Amendment issues, including questioning interpretations of the
establishment clause.

  • Clay Calvert

Clay Calvert is a First Amendment scholar who has authored First Amendment
law articles on topics including broadcast indecency and recording of
police activities.

  • Damon Keith

Damon Keith was a long-serving judge on the Sixth U.S. Circuit Court of
Appeals and an important figure in protecting civil rights. He authored
many First Amendment decisions, including involving symbolic speech and the
rights of a religious speaker.

  • Dan Paul

Dan Paul was an attorney best known in First Amendment circles for winning
an important press freedom in Miami Herald Publishing Co. v. Tornillo
(1974).

  • Daniel Ellsberg

Daniel Ellsberg released the Pentagon Papers, leading to a ruling that said
restricting publication of the papers represented prior restraint in
violation of the First Amendment.

  • Daniel Fowle

Daniel Fowle highlighted freedom of the press in the Colonial period before
adoption of the First Amendment. He was arrested for publishing a pamphlet
satirizing the legislature.

  • David Cortman

David A. Cortman is an appellate advocate who has argued several First
Amendment cases before the Supreme Court. He serves as senior counsel with
the Alliance Defending Freedom.

  • David Rabban

David Rabban is known for his First Amendment work, especially a book that
examined the legal interpretations of free speech during the “forgotten
years” between 1870 to 1920.

  • David Rein

David Rein, a civil liberties lawyer, argued a number of cases before the
Supreme Court, several of them dealing with First Amendment issues and
McCarthyism.

  • David Souter

Supreme Court Justice David Souter often showed sensitivity to First
Amendment values. He was a consistent voice for the protection of
free-expression principles.

  • Dixie Chicks

Through controversial political comments, the Dixie Chicks — a bluegrass
trio — became a symbol of U.S. political polarization and the First
Amendment’s protection of free speech.

  • Donald Trump

President Donald Trump attacked the news media, promised to “open up” libel
law and increase religious freedom for evangelicals.

  • Douglas Laycock

Douglas Laycock, a law professor, is one of the nation’s foremost religious
liberty experts. He has argued First Amendment-related cases before the
Supreme Court.

  • E. Barrett Prettyman Jr.

E. Barrett Prettyman Jr. a Washington, D.C., attorney, argued 19 cases
before the Supreme Court. Some involved First Amendment issues, including
freedom of the press.

  • Earl Warren

Chief Justice Earl Warren’s Court was known for rulings backing civil
rights and a number of First Amendment milestones, including New York Times
Co. v. Sullivan.

  • Edward De Grazia

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  • Edward Murrow

Edward R. Murrow was one of the creators of American broadcast journalism.
Murrow inspired other journalists to defend and perpetuate the First
Amendment rights.

  • Elena Kagan

Supreme Court Justice Elena Kagan, known for her deep knowledge of First
Amendment issues, has written opinions in many Supreme Court First
Amendment cases.

  • Elijah Lovejoy

Newspaper editor Elijah Lovejoy, killed in 1837 by a mob incensed by his
anti-slavery views, is a martyr in the causes of abolitionism and First
Amendment free speech.

  • Elisha Williams

Elisha Williams, known for writing a pamphlet that argued for religious
liberty before the First Amendment, denied that religious uniformity was
necessary for a peaceful society.

  • Emma Goldman

Emma Goldman demonstrated for First Amendment rights through speeches,
lectures, picketing and marching. She faced arrests and official harassment
for her unpopular views.

  • Ephraim London

Ephraim London was an attorney who successfully argued First Amendment
cases before the Supreme Court, including a case that established film as
protected expression.

  • Erwin Chemerinsky

Erwin Chemerinsky, one of the foremost constitutional law scholars and
Supreme Court lawyers, writes on First Amendment issues and argues First
Amendment cases before the Court.

  • Erwin Griswold

As solicitor general, Erwin Griswold unsuccessfully argued that the
security concerns of the Pentagon Papers outweighed the First Amendment
rights of a free press.

  • Eugene Debs

Labor leader and socialist Eugene V. Debs fought for associational and
organized labor rights under First Amendment. He was imprisoned under the
Espionage Act.

  • Eugene Volokh

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  • Evan Lawson

Evan T. Lawson was a Boston-based attorney who successfully argued two
First Amendment cases before the Supreme Court involving flag misuse and
commercial speech.

  • Felix Frankfurter

While Justice Felix Frankfurter championed civil rights, he frequently
voted to limit civil liberties and was not one of the great defenders of
the First Amendment.

  • Floyd Abrams

Floyd Abrams, a well-known First Amendment lawyer, has argued many famous
cases before the Supreme Court, including the landmark Pentagon Papers case.

  • Francis Biddle

Francis Biddle won praise for balancing freedom and security in World War
II. As attorney general, he fought for civil liberties like those in the
First Amendment.

  • Francis Murphy

Supreme Court Justice Francis W. Murphy wrote eloquently about First
Amendment freedoms, repeatedly voicing his belief that religious freedom
deserved great protection.

  • Fred Friendly

Fred W. Friendly, an early innovator of broadcast journalism, was also
known for his seminars on the media and public issues and for his writings
on the First Amendment.

  • Frederick Douglass

Frederick Douglass, a former slave who became one of America’s greatest
orators, believed that the First Amendment rights to free speech and
assembly were essential in abolishing slavery in the United States.

  • Frederick Schauer

Frederick Schauer’s First Amendment writings are notable for their
philosophical rigor, passionately favoring free speech but critiquing
arguments for it.

  • Frederick Vinson

Supreme Court Chief Justice Frederick Vinson tended to favor national
security over First Amendment freedom of speech, and was a moderate on race
relations.

  • Geoffrey Stone

Geoffrey Stone is a First Amendment scholar and a law professor at the
University of Chicago who has written and edited numerous books on free
expression.

  • George Carlin

George Carlin was a controversial comedian whose “Filthy Words” monologue
sparked a Supreme Court case concerning government regulation of indecent
speech.

  • George Hay

George Hay was a lawyer, writer and federal district judge who contributed
to First Amendment theory by writing pamphlets defending the freedom of the
press.

  • George Mason

George Mason, a Virginia statesman and one of the founders of the United
States, is best known for his proposal of a bill of rights at the
Constitutional Convention.

  • George Washington

George Washington, first President of the United States, favored the Bill
of Rights and advocated for religious freedom throughout his life.

  • Greg Lukianoff

Greg Lukianoff is the president of the Foundation for Individual Rights in
Education (FIRE) and one of the country’s most passionate defenders of free
expression.

  • H. Louis Sirkin

H. Louis Sirkin is a Cincinnati-based attorney nationally known for his
First Amendment work, defending of clients in obscenity and adult
entertainment cases.

  • Harlan Fiske Stone

Harlan Fiske Stone served as an associate justice and chief justice on the
Supreme Court, where he showed sensitivity to civil liberties and First
Amendment values.

  • Harry Blackmun

Harry Andrew Blackmun was an associate justice on the U.S. Supreme Court,
best known for writing the majority opinion in Roe v. Wade that overturned
most state abortion laws.

  • Harry Kalven, Jr.

Harry Kalven Jr. was University of Chicago law professor best known for
advocacy of and thoughtful writings about First Amendment freedom of speech
and expression.

  • Harry Weinberger

Harry Weinberger was a litigator for numerous civil liberties and First
Amendment causes in the early 1900s, including theater censorship and the
military draft.

  • Hayden Covington

Hayden C. Covington was one of the most important and least heralded
attorneys on First Amendment issues, especially those related to the free
exercise of religion.

  • Henry Sawyer III

Henry W. Sawyer III was a civil liberties attorney who successfully argued
two of the most important religious liberty First Amendment cases before
the Supreme Court.

  • Herbert Wechsler

Herbert Wechsler was a leading lawyer and legal scholar best known in First
Amendment circles for arguing the landmark libel case New York Times Co. v.
Sullivan.

  • Horace Mann

Horace Mann’s vision of universal education and non-sectarian schools was a
precursor to the Supreme Court’s interpretation of First Amendment
principles in public schools.

  • Howard Stern

Howard Stern, one of the most controversial radio personalities,
consistently pushing the boundaries of First Amendment free expression
rights on public airwaves.

  • Hugh Hefner

Hugh Hefner, founder of the controversial Playboy magazine, was a prominent
advocate of First Amendment rights. His magazine was thought to be obscene
by some.

  • Hugo Black

Supreme Court Justice Hugo Lafayette Black is considered to be one of the
most influential justices of his time. On First Amendment issues, Black was
considered an absolutist.

  • Ida B. Wells

Ida B. Wells (1862-1931) was an African American woman who was born into
slavery in Mississippi and eventually became the co-owner and editor of the
Memphis Free Speech.

  • Isaac Backus

Isaac Backus, an influential Baptist, helped establish the notion of free
exercise of religion, which eventually was incorporated into the First
Amendment.

  • J. Edgar Hoover

J. Edgar Hoover was director of the Federal Bureau of Investigation for 48
years. His critics accused him violating individuals’ First Amendment
rights.

  • J. Skelly Wright

James Skelly Wright was a highly respected federal judge who was perhaps
best known for his impact on civil rights and desegregation, specifically
in New Orleans.

  • James Goodale

James C. Goodale, a prominent First Amendment attorney, is best known for
leading the New York Times in its successful litigation in the Pentagon
Papers case.

  • James Madison

James Madison, the chief author of the Bill of Rights and the First
Amendment, was the foremost champion of the freedoms of religion, speech,
and the press in the Founding Era.

  • Jay Sekulow

Jay Sekulow, chief counsel for the American Center for Law and Justice, is
a leading Supreme Court litigator. He has argued numerous First Amendment
cases before the high court.

  • John Adams

John Adams, who served as the first vice president and second President of
the United States, also supported First Amendment principles through his
political writings and thought.

  • John Connell

John C. Connell is an attorney who specializes in First Amendment law. He
is best known for successfully representing musician Simon Tam pro bono in
Matal v. Tam (2017).

  • John Courtney Murray

John Courtney Murray a Jesuit priest, theologian, and advocate of
interfaith cooperation, was a lifelong supporter of the principles of the
First Amendment.

  • John Ely

A prominent legal scholar, John Hart Ely contributed to First Amendment
jurisprudence. He argues against strict absolutism in interpreting the
Constitution.

  • John Leland

Baptist preacher John Leland helped provide religious foundation for ideas
espoused by the Founders concerning the relationship between government and
religion.

  • John Lilburne

The Englishman John Lilburne (1615–1657) was a prominent defender of
religious liberties and free speech and a celebrated political prisoner.

  • John Locke

English philosopher John Locke’s ideas of natural law, religious
toleration, and the right to revolution proved essential to the American
Revolution and the U.S. Constitution.

  • John Marshall

Under John Marshall’s leadership, the Court expanded the role of the
national government and limited the reach of the First Amendment to actions
of the national government.

  • John Marshall Harlan I

Supreme Court Justice John Marshall Harlan I transformed himself over time
from being an advocate of slavery to becoming a strong defender of First
Amendment rights.

  • John Marshall Harlan II

Supreme Court Justice John Marshall Harlan II was an architect of First
Amendment jurisprudence in obscenity law, freedom of association,
expressive conduct, and offensive speech.

  • John Milton

John Milton made an important contribution to the idea of free speech and
free press in a pamphlet, Areopagitica, published in response to a
restrictive printing ordinance.

  • John Paul Stevens

Supreme Court Justice John Paul Stevens contributed mightily to First
Amendment jurisprudence and seemingly became more speech-protective in his
later years on the Court.

  • John Peter Zenger

The trial of John Peter Zenger was one of the most important events in
shaping American thinking toward freedom of speech prior to and after the
adoption of the First Amendment.

  • John Quincy Adams

John Quincy Adams was the sixth president of the United States, a
legislator, and an attorney. He argued against the “gag rule” in Congress
that tabled petitions about slavery.

  • John Roberts Jr.

Chief Justice John G. Roberts Jr. has had an indelible impact on the First
Amendment in his time on the Court. He has proven to be sensitive to First
Amendment concerns.

  • John Seigenthaler

John Seigenthaler was the longtime editor of The Tennessean in Nashville,
known for championing civil rights. He founded the First Amendment Center
at Vanderbilt University in 1991 and became a national leader in promoting
First Amendment values.

  • John Stuart Mill

John Stuart Mill became a guiding light for individual liberty. Practical
applications of First Amendment principles often rest upon allusions to his
ideas.

  • John Wilkes

John Wilkes was an Englishman who championed free expression and
individualism during the 18th century. He was prosecuted for seditious
libel and obscenity.

  • John Winthrop

John Winthrop was an early Puritan leader who created the basis for
established religion that remained in place in Massachusetts until well
after adoption of the First Amendment.

  • John Witherspoon

John Witherspoon was the only clergyman to sign the Declaration of
Independence and Articles of Confederation as well as serve at the New
Jersey convention to ratify the Constitution.

  • Joseph Breen

Joseph Ignatius Breen, one of the most powerful people in Hollywood,
developed the moral guidelines that shaped the content of the films shown
in America for twenty years.

  • Joseph Forer

Joseph Forer, a civil liberties attorney, achieved prominence by
challenging the constitutionality of federal laws used to target suspected
members of the Communist Party.

  • Joseph Priestley

Joseph Priestley was a notable figure of the 18th century Enlightenment. He
had a major influence on the First Amendment principles of religious
liberty in the U.S. Constitution.

  • Joseph Rauh, Jr.

Joseph L. Rauh Jr. was a renowned civil liberties lawyer who argued
numerous cases before the Supreme Court, including at least three that
dealt with First Amendment issues.

  • Joseph Smith

Joseph Smith founded the Church of Jesus Christ of Latter-day Saints, also
called the Mormon Church. Smith and his church suffered and perpetrated
First Amendment violations.

  • Joseph Story

Justice Joseph Story was arguably the greatest scholar ever to serve on the
Supreme Court. His Court opinions and his writings reveal his perspective
on First Amendment issues.

  • Judith Miller

Judith P. Miller, a Pulitzer Prize–winning investigative journalist, went
to jail rather than testify before a federal grand jury about a
confidential source.

  • Julian Assange

Julian Assange is the founder of WikiLeaks, an international non-profit
organization that publishes leaks from across the globe. In the First
Amendment world, questions abound as to whether Assange is a journalist or
simply the recipient of document dumps.

  • Ken Paulson

Kenneth A. Paulson has led several national programs to increase
understanding of the First Amendment and its role in society. He is former
editor in chief of USA Today.

  • Ketanji Brown Jackson

Ketanji Brown Jackson was appointed to the Supreme Court by President Joe Biden on June 30, 2022. She replaced Justice Stephen Breyer who had retired.   Biden would likely have appointed her earlier had not Republicans rushed through the nomination of Amy Coney Barrett in the waning days of the Trump Administration, even though they

  • Kevin O’Neill

Kevin F. O’Neill is a law professor at Cleveland-Marshall College of Law
who writes frequently on First Amendment issues. He oversaw First Amendment
cases at the ACLU of Ohio.

  • Larry Flynt

Larry Flynt, controversial publisher of Hustler magazine, often claimed
First Amendment free speech protection when charged with obscenity and
pornography.

  • Laurence Tribe

Laurence Tribe, a professor at Harvard Law School, is regarded as one of
the preeminent scholars in the field of constitutional law and First
Amendment scholarship.

  • Lawrence Speiser

Civil rights attorney Lawrence Speiser may be the only person who has
successfully represented himself before the Supreme Court in a First
Amendment case.

  • Learned Hand

Billings Learned Hand served as a federal district and appellate judge and
had enormous influence on the law understanding in the United States,
specifically the First Amendment.

  • Lee C. Bollinger

Lee C. Bollinger, a legal scholar of the First Amendment, is an advocate
for tolerance theory, which argues that broad acceptance for expression
will increase diversity of ideas.

  • Lenny Bruce

Comedian Lenny Bruce was arrested numerous times due to alleged obscenity.
Through his legal struggles, Bruce brought his craft more First Amendment
protection.

  • Leo Pfeffer

Leo Pfeffer, one of the twentieth century’s most active litigators on
church-state issues, participated in several First Amendment cases before
the U.S. Supreme Court.

  • Leonard Boudin

Leonard Boudin (1912–1989), a prominent civil liberties attorney, argued
many First Amendment cases before the Supreme Court including cases related
to free speech.

  • Leonard Levy

Leonard W. Levy was an influential scholar and historian whose works on the
Constitution and Bill of Rights have been cited in numerous First Amendment
cases.

  • Lewis Powell Jr.

Supreme Court Justice Lewis F. Powell Jr. was conservative on matters of
crime and law enforcement but liberal on First Amendment matters concerning
separation of church and state.

  • Lloyd Cutler

Lloyd Cutler (1917–2005) successfully argued three First Amendment cases
before the Supreme Court including the landmark case Buckley v. Valeo about
campaign contribution limits.

  • Louis Brandeis

Supreme Court Justice Louis Brandeis defended the First Amendment and
expressed that the best way to combat harmful speech is “more speech, not
forced silence.”

  • Louis Nizer

Louis Nizer (1902–1994) was a noted trial lawyer who successfully argued
two First Amendment cases involving film censorship before the Supreme
Court.

  • Luther Baldwin

The sedition conviction of Luther Baldwin for drunken comments about
President John Adams stirred opposition to the Sedition Act of 1798’s
restrictions on First Amendment freedoms.

  • Madalyn Murray O’Hair

Madalyn Murray O’Hair, an atheist, filed several lawsuits that dealt with
First Amendment separation of church and state issues, including prayer in
public schools.

  • Martin Garbus

Martin Grabus is regarded as one of the top First Amendment
lawyer–litigators in the United States. He has participated in defamation
and intellectual property cases.

  • Martin Redish

Law professor Martin H. Redish is one of the nation’s foremost authorities
on the First Amendment. He argued that commercial speech should have First
Amendment protection.

  • Matthew Lyon

Matthew Lyon was the first person to be prosecuted under the Sedition Act
of 1798. He challenged the Act on the grounds that it violated the First
Amendment.

  • Melville Nimmer

Melville Bernard Nimmer, an expert in copyright law and freedom of
expression, was a defender of the First Amendment in the Supreme Court case
Cohen v. California (1971).

  • Melvin Wulf

Melvin L. Wulf is a constitutional lawyer whose special field of practice
is intellectual property. He also has extensive experience in other First
Amendment areas.

  • Michael McConnell

Michael W. McConnell is a scholar on issues relating to First Amendment
religion issues. He has argued against extreme views of separation of
church and state.

  • Murray Gurfein

Murray Gurfein was best known for his ruling as a district court judge in
the Pentagon Papers case, a clash between national security interests and
First Amendment rights.

  • Nat Hentoff

Nat Hentoff, a civil libertarian, jazz critic, and self-described
troublemaker, spent much of his career defending the First Amendment
against a variety of perceived threats.

  • Nathaniel Ward

Nathaniel Ward wrote the first law code of the Massachusetts Bay Colony,
which is considered to be one of the most important works in American
constitutional history.

  • Neil Gorsuch

While his record on the Supreme Court has yet to be determined, Justice
Neil Gorsuch showed sensitivity toward First Amendment issues while on the
court of appeals.

  • Noah Webster

Dictionary creator Noah Webster did not support the adoption of the First
Amendment because he thought the Bill of Rights would give citizens the
power to act lawlessly.

  • Norman Dorsen

Norman Dorsen was a leading civil liberties lawyer. He made many of his
contributions to First Amendment jurisprudence during his career at the
American Civil Liberties Union.

  • Oliver Wendell Holmes Jr.

Justice Oliver Wendell Holmes was a civil libertarian who protected the
First Amendment from encroachments, particularly during and after World War
I.

  • Osmond Fraenkel

Osmond K. Fraenkel was one of the leading civil liberties attorneys of the
20th century. He argued many First Amendment cases before the Supreme Court.

  • Owen Roberts

Supreme Court Justice Owen J. Roberts was known for protecting First
Amendment freedoms and wrote several landmark decisions regarding protected
free expression.

  • Patrick Henry

Patrick Henry was an opponent of the U.S. Constitution. His opposition
helped convince Federalists to agree to a bill of rights on the document,
which included the First Amendment.

  • Paul Freund

Paul Abraham Freund, a law professor at Harvard University, played a
critical part in the movement to better protect the individual liberties of
the First Amendment.

  • Paul Murphy

Paul Murphy was an advocate of First Amendment freedoms and a leader in the
fields of civil liberties. He was known for studying the First Amendment in
World War I.

  • Peter Banta

Peter Banta was a New Jersey-based attorney active in First Amendment law.
He represented a litany of leading media entities in his career, including
The New York Times Company.

  • Potter Stewart

Supreme Court Justice Potter Stewart had a mixed record in First Amendment
cases but was often supportive of individual liberty in cases involving
speech and religion.

  • Richard M. Nixon

Richard Nixon’s conduct during his presidency typified executive abuse of
power, even threatening the freedoms of speech, press, and political
association.

  • Richard Posner

Richard Allen Posner, one of the most influential jurists and legal
theorists in the United States today, has written numerous First Amendment
opinions as an appellate judge.

  • Robert Bork

Judge Robert Bork, who served as solicitor general for President Nixon,
believed the First Amendment free speech protection only applied to
political speech.

  • Robert Carter

Robert Carter successfully presented several First Amendment cases to the
Supreme Court related to the Civil Rights movement and freedom of
association and speech.

  • Robert Corn-Revere

Robert Corn-Revere is a leading First Amendment attorney who has
represented college students in free speech cases battling censorship on
college campuses.

  • Robert Ingersoll

Robert Ingersoll was a sought-after lecturer in the 1800s and a passionate
defender of First Amendment rights. He particularly championed separation
of church and state.

  • Robert Jackson

Robert Jackson, a Supreme Court justice from 1941 to 1954, believed
strongly in separation of church and state and free speech protections
First Amendment.

  • Robert Mapplethorpe

Photographer Robert Mapplethorpe, who gained notoriety for his explicit
images, was posthumously a central figure in a First Amendment clash over
art and obscenity.

  • Robert O’Neil

Robert O’Neil (1934-2018) was an authority on First Amendment issues,
writing several books and amicus curiae briefs on First Amendment cases
that reached the Supreme Court. He also was the founding director of the
Thomas Jefferson Center for the Protection of Free Expression.

  • Robert Sack

As an attorney, Robert Sack, now a judge on the 2nd Circuit Court of
Appeals, defended the press in libel and other cases relating to First
Amendment freedoms.

  • Robert Shibley

Robert Shibley is a leading advocate for First Amendment rights on college
campuses and the executive director of Foundation for Individual Rights in
Education.

  • Rodney Smolla

Rodney Smolla is an influential First Amendment attorney and scholar who
has argued cases before the Supreme Court, including the Virginia
cross-burning case.

  • Roger Baldwin

Roger Baldwin formed the ACLU in 1920. During his 30-year tenure there, the
organization spurred many landmark cases upholding First Amendment freedoms.

  • Roger Williams

Prior to the First Amendment, Roger Williams, founder of Rhode Island,
believed separation of church and state was necessary to maintain the
integrity of the church.

  • Ronald Collins

Ronald Collins is a First Amendment scholar, author and advocate who has
written widely on First Amendment issues. He is currently editor of First
Amendment News.

  • Roslyn Litman

Roslyn Litman successfully argued before the Supreme Court that religious
displays at a county courthouse violated the establishment clause of the
First Amendment.

  • Roy Cohn

Roy Cohn is best known for his work as the chief counsel to Sen. Joseph
McCarthy, whose interrogations of alleged communists had a chilling effect
on First Amendment freedoms.

  • Roy Moore

Roy Moore was a controversial chief justice of the Alabama Supreme Court
who gained notoriety for his conservative stances about the First Amendment
issue of religious liberty.

  • Ruth Ginsburg

The second woman to serve on the Supreme Court, Ruth Bader Ginsburg has
interpreted the First Amendment to provide for a high degree of separation
of church and state.

  • Samuel Alito Jr.

Supreme Court Justice Samuel Alito has shown some sensitivity to religious
liberty in First Amendment cases but his record on free speech cases has
been troubling.

  • Sandra Day O’Connor

Sandra Day O’Connor, the first woman to be appointed to the Supreme Court,
was often a key swing vote known for her opinions in the area of religious
liberty.

  • Smothers Brothers Comedy Hour

The Smothers Brothers Comedy Hour led to discussions of First Amendment
free speech as it was regularly censored by CBS. The FCC refused to
intervene.

  • Sonia Sotomayor

Since her appointment to the Supreme Court in 2009, Justice Sonia Sotomayor
generally has been a consistent defender of First Amendment values on the
bench.

  • Stanley Fleishman

Stanley Fleishman was a leading First Amendment attorney who appeared
before the Supreme Court to argue several obscenity cases despite the
crippling effects of polio.

  • Stanley Reed

Stanley F. Reed was a Supreme Court justice from 1938-1957. He wrote
several First Amendment opinions, in which he often sided with the
government in restricting speech.

  • Stephen Barnett

Stephen Barnett was a law professor at the University of California,
Berkeley known for his passion for the First Amendment and his fearlessness
in combatting government secrecy.

  • Stephen Breyer

Supreme Court Justice Stephen Breyer generally decides First Amendment
cases pragmatically rather than on the basis of rigid ideology, making his
votes more difficult to predict.

  • Steven Swander

Steven H. Swander was a Texas-based First Amendment attorney known for his
passion for free speech. He was the president of the First Amendment
Lawyers Association.

  • Theodore Schroeder

Theodore Schroeder a lawyer and prolific writer on free expression rights
granted by the First Amendment, was one of the founders and long-time
secretary of the Free Speech League.

  • Thomas Bowdler

Thomas Bowdler edited Shakespeare’s plays to ensure that they were
family-friendly. Bowdler focused his efforts on revising sexual references
and blasphemy.

  • Thomas Cooley

Thomas Cooley was a prominent jurist and legal writer during the second
half of the nineteenth century who strongly defended property rights and
First Amendment freedoms.

  • Thomas Emerson

Thomas Emerson was arguably the foremost First Amendment scholar of his
generation. Emerson’s book on free speech remains one of the seminal works
in First Amendment history.

  • Thomas Goldstein

Thomas C. Goldstein has argued more than 15 cases before the high court,
including some First Amendment cases. He also started the Supreme Court of
the United States Blog.

  • Thomas Jefferson

Thomas Jefferson, author of the Declaration of Independence and third
President of the United States, perpetuated the American ideals of freedom
of speech, press, and conscience.

  • Thomas Paine

Thomas Paine is best remembered as the author of Common Sense a critique of
King George III that called for American independence. His writings were
misunderstood in his day.

  • Thurgood Marshall

Justice Thurgood Marshall was the first African-American to serve on the
Supreme Court. He consistently championed First Amendment and other
individual rights.

  • Tipper Gore

Tipper Gore led a successful fight to have parental warning labels affixed
to record albums that contained explicit lyrics. Critics said her efforts
violated the First Amendment.

  • Tom Clark

Supreme Court Justice Tom C. Clark is probably best known in First
Amendment jurisprudence for his measured opinion in Abington School
District v. Schempp (1963).

  • Tunis Wortman

Tunis Wortman authored A Treatise Concerning Political Enquiry, and the
Liberty of the Press in 1800. It attempted to portray freedom of the press
as an engine for human progress.

  • Victor Rabinowitz

Victor Rabinowitz, an attorney known for his passionate defense of
individual liberties, participated in numerous high-profile First Amendment
cases throughout his legal career.

  • Vincent Blasi

First Amendment scholar and theorist Vincent Blasi is best known for his
“checking value” theory of the free speech and free press clauses of the
First Amendment.

  • Voltaire

Voltaire was a French author and philosopher of the Enlightenment period
who was an inspiration to those on both sides of the Atlantic interested in
free inquiry and secularism.

  • Walter Pollak

Walter Pollak was a leading civil rights attorney in the 1920s. He
represented American Communists Benjamin Gitlow and Charlotte Whitney in
First Amendment cases.

  • Ward Churchill

Many defended the First Amendment academic freedom of Professor Ward
Churchill after his essay asserting that U.S. foreign policies had incited
the 9/11 terrorist attacks.

  • Warren Burger

Chief Justice Warren Burger introduced the Lemon test for determining
whether government actions violated the establishment clause of the First
Amendment.

  • William Benbow

William Benbow (1784-1864) was a British champion of press freedoms found
in the First Amendment of the American Constitution. He was convicted of
seditious libel three times.

  • William Blackstone

In his Commentaries on the Laws of England, Sir William Blackstone outlined
the principles of liberty that were later the foundations of the First
Amendment.

  • William Brennan Jr.

Supreme Court Justice William Brennan Jr. was an outspoken defender of the
First Amendment freedoms of speech and the press against threats of
government restriction.

  • William Douglas

Justice William O. Douglas was one of the Court’s most controversial
members as well as one of its most passionate defenders of individual
freedoms and First Amendment rights.

  • William Jennings Bryan

William Jennings Bryan’s defense of Christian fundamentalism in the Scopes
monkey trial clashed with the First Amendment’s prohibition of state
sponsorship of religion.

  • William Kunstler

William Kunstler (1919-1995), who won two First Amendment disputes before
the Supreme Court, is perhaps best known for his defense in the Chicago
Seven case.

  • William Penn

William Penn (1644-1718), founder of Pennsylvania, promoted principles of
freedom that helped lay the framework for First Amendment religious liberty.

  • William Rehnquist

Supreme Court Associate and Chief Justice William Rehnquist was not known
as a defender of First Amendment rights, but he protective of some aspects
of the amendment.

  • William Taft

William Howard Taft is the only person to have served as both President and
then chief justice of the United States. His Court began to apply the First
Amendment to the states.

  • Zechariah Chafee Jr.

Zechariah Chafee Jr. achieved prominence during World War I and its
aftermath, when he argued forcefully for broader protection of free speech
rights.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

FEATURE POSTS

Happy birthday to us – on the day that cleared a road to freedom

Memorial Day: Honoring those who gave all for our freedoms

White House Correspondents’ Dinner: levity, gravity, and a toast to the First Amendment

The origins of academic freedom in the U.S.

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