Harlan

Clarence Thomas Is Not 'Mr. Constitution'
March 23, 2008

The Wall Street Journal has a remarkable interview with Clarence Thomas, available here. In the interview, Thomas states his fidelity to the Constitution "as it's drafted." In context, it seems clear that Thomas means to follow the original understanding of the document (though he resists the term "originalism") The real point is that he is a neutral interpreter. "Maybe I am labeled as an originalist or something, but it's not my constitution to play around with. Let's just start with that. We're citizens. It's our country, it's our constitution.

Zoned Out
March 31, 1997

Spring fever is in the air at the Supreme Court as the justices prepare to hear arguments about the constitutionality of the Communications Decency Act on March 19. To familiarize themselves with the technological obstacles to finding pornography in cyberspace, some law clerks have obtained lists of especially salacious addresses on the World Wide Web and diligently browsed at their leisure.

The Limits of Limits
February 07, 1994

Democracy and the Problem of Free Speech by Cass R. Sunstein (The Free Press, 300 pp., $22.95) For nearly a decade Cass Sunstein has presented himself as the benign face of free speech revisionism. In his academic writings, he has supported some restrictions on pornography and hate speech, and at the same time has avoided the rhetorical excesses of Catharine A. MacKinnon and the critical race theorists. He has endorsed some restrictions on the autonomy of broadcasters and newspaper owners, while questioning what he calls the more heavy-handed " command and control" solutions of the 1960s.