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42 St. Louis U. L.J. 789 (1997-1998)
The Supreme Court and Free Speech: Love and a Question

handle is hein.journals/stlulj42 and id is 803 raw text is: ARTICLES THE SUPREME COURT AND FREE SPEECH: LOVE AND A QUESTION' BURT NEUBORNE* I. INTRODUCTION It is a distinct honor to deliver the James Millstone lecture. My lawyer- predecessors, Floyd Abrams and Drew Days, are two of the nation's most dis- tinguished civil rights-civil liberties lawyers. I am delighted to follow in their tradition. It is also a personal pleasure. I remember with affection and grati- tude the passionate and compelling reportage that Jim Millstone brought to the nation about the civil rights struggle during the 1960s. He brilliantly described a moral war zone, helping us all to understand what was going on in the South. I welcome this chance to honor his memory. Let me tell you a bit about the genesis of tonight's talk. This summer, as I was preparing a traditional law review article about the Supreme Court and the First Amendment, it struck me that the current nine Justices may well consti- tute the strongest free speech Court in the nation's history.2 Given my years of * John Norton Pomeroy Professor of Law, New York University School of Law, and Legal Director of the Brennan Center for Justice at N.Y.U. This piece is an annotated and edited ver- sion of the James Millstone Lecture delivered at Saint Louis University School of Law on Feb- ruary 9, 1997. My thanks to Pat Millstone, Dean John Attanasio, and the members of the Saint Louis University School of Law community for their generous hospitality and many kindnesses. 1. ROBERT FROST, LOvE AND A QUESTION, A Boy's WILL (1913), reprinted in THE POETRY OF ROBERT FROST at 7 (Henry Holt & Co. 1979). 2. An overview of the free speech cases decided by the Supreme Court in the last several terms confirms the contemporary Court's receptivity to free speech arguments. By my count, classic free speech arguments have been rejected on only two occasions, both of which involved

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