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37 U. Cin. L. Rev. 671 (1968)
The Fifth Amendment Tomorrow: The Case for Constitutional Change

handle is hein.journals/ucinlr37 and id is 689 raw text is: University of Cincinnati Law Review VOLUME 37 FALL 1968 No. 4 THE FIFTH AMENDMENT TOMORROW: THE CASE FOR CONSTITUTIONAL CHANGE * Henry J. Friendly ** I. INTRODUCTION The title of these lectures, planned when your enterprising Dean extended this invitation two years ago, has been suggested by the small but influential book, The Fifth Amendment Today? This contains three addresses delivered in 1954 by Dean Erwin N. Griswold of the Harvard Law School, my friend of more than 40 years, whom the United States is fortunate to have as its Solicitor General. My purpose, however, is quite different from his. It is different because the needs of the times are different. In the mid- 1950's it was necessary to vindicate the privilege against self- incrimination, which I too will sometimes call simply the fifth amendment, 2 against the opprobrium that Senator Joseph McCarthy and others sought to heap on many who properly invoked it, particularly before legislative committees, and Dean Griswold earned the nation's gratitude by speaking out as he did. At the end of the 1960's it is necessary to vindicate the rights of * The lectures comprising this Article were delivered on November 6, 7, and 8, 1968, as the 1968 Robert S. Marx Lectures at the College of Law of the University of Cincinnati. United States Circuit Judge for the Second Circuit. A.B., Harvard, 1923, LL. B., Harvard, 1927, LL.D., University of Cincinnati, 1968 (honorary). 1 E. GRISWOLD, THE FIFTH AMENDMENT TODAY (1955). 2This usage is also followed in Professor Leonard W. Levy's recent book, ORIGINS OF THE FIFTH AMENDMENT, THE RIGHT AGAINST SELF-INCRIMINATION (1968) [hereinafter cited as LEVY].

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