Ronald K.L. Collins
Writer, Takoma Park, Maryland.
David M. Skover
Professor, University of Puget Sound School of Law.
(c) 1992, Collins & Skover.
Originally published in the Stanford Law Review, February 1992, Vol. 44, No. 1, pp. 509 - 552.
Portions of this article appear in a much longer work in progress, The Death of Discourse. For the first installment of this work, see Ronald K.L. Collins & David M. Skover, The First Amendment in an Age of Paratroopers, appearing at Tex. L. Rev. 1087 (1990).
We are grateful to a number of our friends and colleagues for their thoughtful and sometimes critical written comments: Suzanne Singer, Jeanne Clark, Dan Barbiero, Chris Rideout, Janet Ainsworth, John Mitchell, Melinda Branscomb, Hans A. Linde, John Scanlan, Pierre Schlagg, Dennis Patterson, Jill Ramsfield, Wende Vyborney, Sidney DeLong, M. Ethan Katsh, Jacob Core, and Eric Chiappinelli. We thank the National Center for State Courts for generously providing research material, the University of Puget Sound Law School for research funding, and Doug Hiatt for research assistance. These acknowledgements were made after this article was accepted for publication. See Arthur D. Austin, The "Custom of Vetting" as a Substitute for Peer Review, 32 ARIZ. L. REV. 1, 57 (1990).