45 UCLA L. Rev. 1537 (1997-1998)
Transporting First Amendment Norms to the Private Sector: With Every Wish There Comes a Curse

handle is hein.journals/uclalr45 and id is 1551 raw text is: TRANSPORTING FIRST AMENDMENT NORMS
Julian N. Eule as completed by Jonathan D. Varat
*   Professor of Law, University of California, Los Angeles.  I am grateful for the
magnificent research skills of Braden Penhoet, Matthew McKenzie, and the UCLA Law Library
staff. None of this would have been possible without the inspiration of Frank Michelman whose
diagnosis of his allergic reaction to the proposed Collegiate Speech Protection Act of 1991
enabled me to better understand the origins of my own rash. See Frank Michelman, Universities,
Racist Speech and Democracy in America: An Essay for the ACLU, 27 HARV. C.R.-C.L. L. REV.
339, 341-42 (1992).
**   Professor of Law, University of California, Los Angeles. It has been an honor, truly a
labor of love, to finish the last scholarly work of my colleague-and very dear friend-Julian
Eule. Suffice it to say here that his verve, his intellect, and our-and our families'--close com-
panionship enriched, and continues to enrich, my life beyond measure.
An incidental byproduct of this project was that I engaged in an interesting exercise in
recreating original intent-in this case the original intent of just one author who was far along
in a project about which we had spoken, so that I had a general sense of the anti-compelled
orthodoxy impulses that California's Leonard Law stirred in him and that motivated his keen
desire to address this general topic. (Those who knew Julian appreciate that he never had a
desire that wasn't keen.) A few comments about my approach to this task may be useful to
understand what follows.
I set for myself the objective of finishing Julian's article as he would have wanted to finish it
himself-not in style, which I knew to be beyond my ability to duplicate, but in substance,
so that his ideas would be conveyed as faithfully as possible. That meant not only that I would
suppress my own disagreements with him and my own instincts to emphasize some matters more
and some less than he would have, but also that I would aim to render his ideas in the strongest
fashion I could muster on behalf of his thesis and its various dimensions.
It proved more difficult to accomplish these goals than I appreciated at first. I knew that
Julian's approach to scholarship was to build an article page by page, complete with substantive
footnotes, so that the sections he had completed were virtually ready for publication as a final
draft. Consequently, I have left those sections almost entirely alone-allowing Julian's clear,
strong voice to speak unedited. I then sought to follow to completion the trajectory of his
detailed, completed work, using the research, notes, and a rough outline of the article he had left
When I ascertained that Julian had expressed to several people that his article was 90% fin-
ished, I felt a natural optimism about the prospects for an expeditious effort that would be true to
Julian's conception of the article and do it justice. Alas, and ironically, the abundance of hints
left for me soon revealed that this sort of optimism was unwarranted. First, I discovered that
Julian's 90-page, double-spaced manuscript only generally follows the first part of the outline,
leaving it uncertain how he would have filled in the details of the remainder of the outline-a
completely understandable state of affairs, but one that created a bit of a challenge. Second, and


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