Ronald K.L. Collins
Scholar, First Amendment Center, Arlington, VA

David M. Skover
Dean's Distinguished Research Scholar & Professor of Law, Seattle University Law School

(c)2005, Collins & Skover.

Originally published in 36 Rutgers Law Journal 883 (2005).

This piece was the lead article in a symposium issue published to commemorate the Free Speech in Wartime Conference held at the National Constitution Center and Rutgers School of Law-Camden in January of 2005.  That two-day conference was inspired by Professor Geoffrey Stone's publication of Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (Norton, 2004).  In addition to the two of us, the participants at the conference included First Amendment attorney Floyd Abrams and First Amendment scholars David Cole, Eric Foner, Charles Fried, David Rabban, Frederick Schauer, David Strauss, and Nadine Strossen.

We thank Hans Linde, who provided initial inspiration and direction for this essay, and Louis Fisher and Christopher N. May, who kindly read earlier drafts. They, of course, should not be held responsible for any shortcomings in this work. Early versions of this piece were presented at Rutgers School of Law-Camden and Seattle University School of Law.

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