Forthcoming Publications:

 

The Judge: 26 Machiavellian Lessons (Oxford University Press, forthcoming 2017)
    (with Ronald Collins)
 
Robotica: Preserving Free Speech Rights with Machines (Cambridge University Press, forthcoming 2017)
    (with Ronald Collins)
 
Past Publications:
 
When Money Speaks: The McCutcheon Case, Campaign Finance Laws, and the First Amendment (SCOTUS Books-in-Brief, 2014)
    (with Ronald Collins)
  • The first volume in the e-book series SCOTUS Books-in-Brief, a new electronic imprint of Top Five Books
  • Described by constitutional scholar Erwin Chemerinsky as "a brilliant discussion of campaign finance in America. When Money Speaks is a must for all who care about the American political system." First Amendment advocate Floyd Abrams declares that the book "provides a thorough, dispassionate, and immensely readable overview of the Supreme Court's latest offering on the stormy and ever fascinating topic of the relationship between the First Amendment and campaign finance regulation."
  • Reviewed by Tony Mauro, Supreme Court correspondent for the National Law Journal: "When Money Speaks is and will always be the definitive work on the McCutcheon campaign finance case at the Supreme Court."
 

On Dissent: Its Meaning in America (Cambridge University Press, 2013)
    (with Ronald Collins)

 

Mania: The Story of the Outrageous and Outraged Lives That Launched a Cultural Revolution (Top Five Books, 2013)
    (with Ronald Collins)

  • 2013 San Francisco Book Festival Winner: Runner-Up "Best Book in History"
  • 2014 ForeWord Book of the Year Award: Finalist for "Best Book in History"
  • Described by Kirkus Reviews as "a sometimes admiring, sometimes blistering history of the writers who fractured the glass capsule of literary conformity," and praised by James L. Swanson as "a stunning and chilling portrait of rebellious youth gone mad," the book recounts the stories of the major artists, hipsters, and maniacs known as "the Beats" in a dramatic, fast-paced, and often darkly comic narrative. Swanson concludes: "From the macabre killing that opens the book to the grand free speech victory at its climax, Mania is both a celebratory and cautionary tale of American revolt. A remarkable achievement!"
 
The Trials of Lenny Bruce (Sourcebooks, 2002; Top Five Books, 2nd edition, 2012)
    (with Ronald Collins)
  • Named by the Los Angeles Times as one of the "Best Books of 2002"
  • Recipient of the Hugh Hefner First Amendment Award of 2004 for Literature (Legal Biography).  Award received at New York City awards banquet (May 24, 2004).
  • Coauthors' campaign for a posthumous pardon for Lenny Bruce's 1964 obscenity conviction in New York City. That pardon was granted by New York State Governor Pataki on December 23, 2003.
 
The Death of Discourse (Westview Press/Harper Collins, 1996) (Carolina Academic Press, 2nd edition, 2005)
     (with Ronald Collins)
  • "Star" review in Publishers Weekly (January 22, 1996) and book profile in Chronicle of Higher Education (February 16, 1996). Reviewed in Sunday New York Times Book Review section (April 14, 1996, Neil Lewis); American Bar Association Journal (February, 1996); Harvard Law Review (vol. 109, 1996); and Cincinnati Law Review (multiple reviews in full-volume symposium) (vol. 64, 1996), among other publications. Excerpted in Signs of Life (Norton Press, 1997), Adbusters Magazine (Winter, 1996). The book was also the focus of a November 1997 panel discussion at the National Speech Association's annual convention in Chicago.

Tactics of Legal Reasoning (Carolina Academic Press, 1986)
     (with Pierre Schlag)

  • Reviewed in Michigan Law Review (vol. 86, 1988).
 
"The Lenny Bruce Cases: Introduction," in FIRE First Amendment Library, November 2017.
 
"A Constitutional Camerado Inspires Us to Read Our Founding Document," in Washington Independent Review of Books, October 2013.
  • An essay reviewing Garrett Epps, American Epic: Reading the Constitution (Oxford University Press, 2013)
 
"Foreword: Buckley v. Valeo Revisited," in SCOTUSblog, August 12, 2013 (with Ronald Collins)
  • Lead article, published as "Foreword," in a symposium issue on McCutcheon v. Federal Election Commission (2014). Participants included Erwin Chemerinsky, Robert Corn-Revere, Joel Gora, Justin Levitt, Tamara Piety, and Adam Winkler.
 
"The Digital Path of the Law," in Legal Education in the Digital Age (Cambridge University Press, 2012)
     (with Ronald Collins)
  • Lead essay in a book, edited by Edward Rubin, that emerged from the Workshop on the Future of the Legal Course Book, held at Seattle University (9/08)
 
"The Guardians of Knowledge in the Modern State: Post's Republic & the First Amendment," 87 Washington Law Review 1 (2012)
     (with Ronald Collins)
  • Lead article, published as "Foreword," in a symposium issue on Robert Post's Book, Democracy, Expertise, Academic Freedom (Yale, 2012). Participants included Judge Thomas Ambro and Paul Safier, Joseph Blocher, Paul Horwitz, Bruce Johnson and Sarah Duran, and Stephen Vladeck.
 
"The National Security Presidency -- A Primer with Provocation," in Concurring Opinions, September 2010.
  • An essay reviewing John Denvir, Freeing Speech: The Constitutional War over National Security (New York University Press, 2010)
 

"Ruthenberg v. Michigan: An Introduction," essay in Louis D. Brandeis Papers: Ruthenberg v. Michigan (Harvard Law School Online Library, 2010) (with Ronald Collins)

"Paratexts as Praxis," article in symposium issue entitled "Paratexts," in Neohelicon (2010)

"Lenny Bruce," article in Yale Bibliographical Dictionary of American Law (Yale University Press, 2009) (with Ronald Collins)

"Roth v. U.S. and Alberts v. U.S.," in Encyclopedia of the Supreme Court of the United States (Macmillan, 2008)
 

"Trial of 'Angelheaded Hipsters:'  The Challenge to Howl," Legal Times, November 27, 2006.
  • An essay reviewing Howl on Trial: The Battle for Free Expression, edited by Bill Morgan & Nancy Peters (City Lights Publishing, 2006)
 
"A Curious Concurrence: Justice Brandeis' Vote in Whitney v. California," 2005 Supreme Court Review 333 (2006)
     (with Ronald Collins)
  • A piece of jurisprudential sleuthing, this piece explains Justice Brandeis's puzzling concurrence in Whitney and presents the never-before-published Ruthenberg v. Michigan opinion that is central to resolution of the puzzle.
  • Publicly recognized for excellence in the Legal History Blog.
 
"What Is War?  Reflections on Free Speech in 'Wartime,'" 36 Rutgers Law Journal 833 (2005)
     (with Ronald Collins)
  • Article in a symposium issue emerging from Conference on Free Speech in Wartime (1/05).  Participants included Floyd Abrams, Derrick Bell, David Cole, Elena Kagan, David Rabban, Frederick Schauer, Geoffrey Stone, David Strauss, and Nadine Strossen

"War Talk: Free Speech in Times of Armed Conflict," Legal Times, November 1, 2004, p. 26

  • An essay reviewing Geoffrey R. Stone, Perilous Times: Free Speech in Wartime (Norton, 2004)
 

"The Landmark Free Speech Case That Wasn't," 54 Case Western Reserve Law Review 965 (2004)
     (with Ronald Collins)

  • Lead article, published as "Foreword," in a symposium issue entitled Modern Commercial Speech after Nike v. Kasky. Participants included Erwin Chemerinsky, C. Edwin Baker, Rodney Smolla, Robert O'Neil, David Vladeck, Alan Morrison, and Bruce Johnson.

"LesBiGay Identity as Commodity," 90 California Law Review 223 (2002)
     (with Kellye Testy)

  • Presented at the Conference on Retheorizing Commodification at the University of Denver Law School in March, 2001.

"We're All Censors Now?" in Books-on-Law, vol. 1, no. 7 (October, 1998)
     (with Ronald Collins)

  • An essay reviewing Robert C. Post, editor, Censorship and Silencing: Practices of Cultural Regulation (Getty Trust Publications, 1998).

"Speech & Power," in The Nation Magazine, July 21, 1998, p. 12
     (with Ronald Collins)

  • Lead article in a Nation Magazine forum entitled: Speech & Power: Is First Amendment Absolutism Obsolete?

"New 'Truths' and the Old First Amendment," the Afterword to "Noble Lies & The First Amendment: A Symposium on The Death of Discourse," 64 University of Cincinnati Law Review 1315 (1996) (with Ronald Collins)

  • A reply to commentary on The Death of Discourse by professors in philosophy, law, communications theory, and religious studies, including Shadia Drury, Robert Hariman, David Kairys, David Nyberg, Loyal Rue, and Richard Stivers.

"The Pornographic State," 107 Harvard Law Review 1374 (1994)
     (with Ronald Collins)

"Commerce & Communication," 40 Texas Law Review 697 (1993)
    (with Ronald Collins)

  • Lead article in a symposium issue with responses by a jurist, a law professor, and advertising & marketing experts.  Excerpted in Stone, Seidman, Sunstein, Tushnet, Constitutional Law (3rd edition).

"The Psychology of Contemporary First Amendment Discourse: A Reply,"
     40 Texas Law Review 819 (1993) (with Ronald Collins)

  • A reply to commentary on "Commerce & Communication" by Judge Alex Koxinski, Rodney Smolla, Leo Bogart, and Sut Jhally.

"Pissing in the Snow: A Cultural Approach to the First Amendment,"
     45 Stanford Law Review 783 (1993) (with Ronald Collins)

"Paratexts," 44 Stanford Law Review 509 (1992) (with Ronald Collins)

"The First Amendment in an Age of Paratroopers,"
     68 Texas Law Review 1087 (1990) (with Ronald Collins)

  • Lead article in a symposium issue with responses by a noted columnist and professors of political science, sociology, and law.  Excerpted in Stone, Seidman, Sunstein, Tushnet, Constitutional Law (3rd edition).

"The First Amendment in Bold Relief: A Reply," 48 Texas Law Review 1087
     (1990) (with Ronald Collins)

  • A reply to commentary on "The First Amendment in an Age of Paratroopers" by Max Lerner, David O'Brien, Martin Redish, Edward Rubin, Herbert Schiller, and Mark Tushnet.

"The Future of Liberal Legal Scholarship," 87 Michigan Law Review 601
     (1988) (with Ronald Collins)

  • Excerpted in Gerhardt & Rowe, editors, Constitutional Theory (1993).

"State Action Doctrine" and "Political Question Doctrine" in Levy, Karst, & Mahoney, editors, Encyclopedia of the American Constitution (MacMillan, 2nd edition, 1991)

"Reconstituting 'Original Intent:' A Constitutional Law Encyclopedia for the Next Century," 86 Michigan Law Review 1257 (1988)

  • An essay reviewing Levy, Karst, & Mahoney, editors, Encyclopedia of the American Constitution (MacMillan, 1st edition, 1987).

"The Senator and the Constitution: An Interview with Orrin G. Hatch," 16 Hastings Constitutional Law Quarterly 141 (1989) (with Ronald Collins)

"Licenses and Restraints of 'Our Federalism:' State Power under the Federal Constitution," in State Constitutional Law in the American Federal System (Advisory Commission on Intergovernmental Relations, 1988)

"'Phoenix Rising' and Federalism Analysis," 13 Hastings Constitutional Law Quarterly 271 (1986)

"The Washington Constitutional 'State Action' Doctrine: A Fundamental Right to State Action," 8 University of Puget Sounds Law Review 221 (1985)

"The Constitutionality of Limitations upon Donations to Political Committees in the 1976 Federal Election Campaign Act Amendments," 86 Yale Law Journal 953 (1977)

  • Cited in Justice Blackmun's concurring opinion in California Medical Associates v. Federal Election Commission 453 U.S. 182, 202 (1981).
     
Op-Ed Pieces:
 
"Kerouac's Creed," Washington Independent Review of Books, March 12, 2013 (with Ronald Collins)

"Pardoning Lenny Bruce's Language," Forward, January 2, 2004 (with Ronald Collins)

"Constitution Should Tell It Like It Is," National Law Journal, January 18, 1999, sec. A, p. 25

"Video & the Nation-Jury," Christian Science Monitor, May 11, 1992, p. 19, col. 1 (with Ronald Collins)

"Art v. Obscenity -- Drawing Distinctions," Christian Science Monitor, April 6, 1992, p. 13, col. 4 (with Ronald Collins)

  • An essay reviewing Edward de Grazia, The Law of Obscenity & The Assault on Genius (Random House, 1992).

"Commercialism v. Culture," Christian Science Monitor, September 19, 1990, (with Ronald Collins)

"The Two Meeses: Political Liability, Ideological Asset," Baltimore Sun, July 10, 1988, sec. E, p. 1, col. 1 (with Ronald Collins)

"Abortion Pickets Within Constitutional Right," Tacoma News Tribune, July 26, 1987, sec. E, p. 5
 

 

Presentations:

Editor & Signer, Amici Curiae Brief of First Amendment Scholars Supporting Petitioners in Expressions Hair Design v. Schneiderman -- for Writ of Certiorari to U.S. Supreme Court (8/16) and on the Merits (10/16). The Court ruled 9-0 in favor of the Petitioners (3/17).

Presenter, "Speech Holes" Conference, University of Arizona College of Law, Tucson AZ (2/16)

Presenter, "Intentionless Free Speech: Robots & Receivers," 2015 Conference on Governance of Emerging Technologies, Scottsdale AZ (5/15)

Keynoter, "The Magna Charta & Contemporary Constitutional Liberties," Pierce County Law Library CLE on the Magna Charta, Tacoma (5/15)

Guest Interview, Facebook Postings & First Amendment True Threats Doctrine, KUOW Radio Program, Seattle (3/15)

Moderator, "Re-Tooling Speech: What You Can Say About Your Food," Seattle University Law School Symposium on Retooling Food Law, Seattle (3/15)

Presenter, "The Night Before Christmas in Legalese," A.C.T.'s Production of A Rogue's Christmas, Seattle (12/14)

Presenter, "The McCleary Decision: A Constitutional Crisis?," King County Bar Association Bench-Bar Conference, Seattle (11/14)

Presenter, "SCOTUS Books-in-Brief & When Money Speaks: A New Venture in E-Publishing," Influential Voices Lecture, Seattle (10/14)

Presenter, "Cutting First Amendment Issues," First Amendment Lawyers Association, Toronto, Canada (7/14)

Presenter, McCutcheon v. FEC, First Amendment Salon dialogue featuring Erin Murphy, David Skover, and Paul Smith, Washington, DC (7/14)

Presenter, ACT Theater Panel on Edmund White's Terre Haute, Seattle (5/14)

Presenter, When Money Speaks: The McCutcheon Case, Campaign Finance Laws, and the First Amendment, Seattle University Board of Trustees Lecture, Seattle (2/14)

Presenter, On Dissent Book Event, Politics & Prose Bookstore, Washington, DC (8/13)

Presenter, Mania Book Event, City Lights Bookstore, San Francisco (7/13)

Presenter, Mania Book Event, Elliot Bay Bookstore, Seattle (4/13)

Panelist, Mania: The Lives, Literature, and Law of the Beats, Symposium featuring Albert Bendich, Ronald Collins, Richard Delgado, David Skover, Jean Stefanic, Nadine Strossen, and Matt Theado, Seattle (4/13)

Guest Interview, Connie Masterson Talks Books on PBS, Los Angeles (3/13)

Presenter, Mania Book Event, Book Soup Bookstore, Los Angeles (3/13)

Presenter, "Mania: A Narrative on Literature & Law," Virginia Book Festival, Charlottesville (3/13)

Presenter, Mania Book Event, Politics & Prose Bookstore, Washington, DC (3/13)

Presenter, "Supreme Court Round-Up 2011-2012," Seattle (9/12)

Presenter, "Speaking the Constitution," Seattle (9/12)

""The Huxleyan Internet & the Antiquated First Amendment," Orcas Island Crossroads Speaker Series, Eastsound (4/12)

"Citizens United v. FEC: Is the Sky Falling?," Horizon House Forum, Seattle (4/11)

Panelist, We Must Not Be Afraid to Be Free Book Event, Elliot Bay Book Company, Seattle (4/11)

Citizens United v. FEC: The Supreme Court's Approaches to the First Amendment," Federal Bar Association of Washington, Seattle (12/10)

"Mania: The Story of the Outraged and Outrageous Lives That Launched a Generation," Installation Lecture as Fredric C. Tausend Professor, Seattle (4/10)

Co-Organizer & Participant, Conference: State Judicial Independence: A National Concern, Seattle (9/09)

Presenter, "What Is Wrong with the USA Patriot Act, If Anything?" City Club Forum Debate, Tacoma (2/09)

Co-Organizer & Participant, Workshop on the Future of the Legal Course Book, Seattle (9/08)

Panelist, "Corporations and Political Speech: Should Speech Equal Money?," Corporations & First Amendment Conference, Seattle (11/06)

"Lenny Bruce Is Dead," BBC-London Presentation in Recognition of the 40th Anniversary of Lenny Bruce's Death (8/06)

"Our Huxleyan Dilemma: The Death of Discourse in Post-9/11 America," 2006 Conference of the Association for the Study of Law, Culture, and the Humanities, Syracuse, New York (3/06)

"The New Supreme Court," Federal Bar Conference, Seattle (12/05)

"The Supreme Court's 2005 Term," 48th Washington Judicial Conference, Tacoma (9/05)

Panelist, "The Chilling of Speech in America," Washington ACLU Conference, Seattle (9/05)

"The Supreme Court Roundup," National Conference of State Legislators, Seattle (8/05)

We the People Constitutional Law Lecture, Seattle (8/05)

"What Is War?  Reflections on Free Speech in 'Wartime,'" Conference on Free Speech in Wartime, Rutgers-Camden Law School, Philadelphia (1/05).  Informally presented in abbreviated form at Seattle University School of Law, Seattle (3/05)

"The Bork/Black(mun) Conundrum," The Ethics of Excellence, Emerald Education Group, Seattle (12/04)

Award Recipient Speech, ACLU-WA Civil Libertarian Award of 2004, Awards Banquet in Seattle (10/04)

Award Recipient Speech, "Lenny Bruce & the First Amendment in the Era of Terrorism," Hugh Hefner First Amendment Award of 2004 (Book Publication), for Collins & Skover The Trials of Lenny Bruce: The Fall & Rise of an American Icon, Awards Banquet in New York City (5/04)

11-City Book Tour & 200-plus National & Regional Radio/TV Shows on Collins & Skover The Trials of Lenny Bruce: The Fall & Rise of an American Icon (8/02 - present)

"America's First Amendment Myth: Freedom of Speech in Times of Crisis," Keynote Address, Washington ACLU Annual Conference (3/03)

"LesBiGay Identity as Commodity," Conference on Commodification Futures:
Retheorizing Commodification, University of Denver College of Law (3/01)

"Vindicating McLuhan's Vision: Building Books-on-Law," CALI Conference for  Law School Computing, ITT-Chicago Kent Law School, Chicago (6/00) 

"First Amendment on Trial: The Libel Lawyers' Perspective," Symposium hosted by Seattle University School of Law (11/99) (audiotape)

"Closet Constitutionalism," Institute for Religion in an Age of Science Annual Conference, Star Island, New Hampshire (9/99)

"Deliberate Lies & Deliberative Democracy," Symposium on The Death of Discourse, National Communications Association, Chicago (11/97)

Symposium on The Death of Discourse, Gonzaga University Law School & Communications Department Annual Forum, Spokane (11/97)

"Internet Law in 1996," Internet Law Symposium, Seattle (9/96)

"Deliberate Lies & Deliberative Democracy," in Free Speech in the Next Century, a conference hosted by the Justice Department of Catalunya, Barcelona, Spain (12/94)

"Respectable Stories for an Unrespectable State" University of Florida Communications Conference on Milton's Areopagitica in an Electronic Age, Tampa (11/94)

"Discourse in Pornutopia," American Political Science Association Annual Conference, New York (9/94)

"The Pornographic State," Harvard Law School (11/93)

Faculty Participant and Presenter, International Radio & Television Society Annual Conference, New York (1/93)

"Paratexts," ITT Chicago-Kent School of Law (11/91)

"Electronic Texts," Central State Regional Communications Conference, Chicago (3/91)

"The First Amendment in an Age of Paratroopers," New York University Communications Conference (10/90)

"The First Amendment in the Electronic Age," National Rhetoric Society's Biannual Conference, Texas (8/90)

"Four Models of State Constitutional Law Interpretation," University of Montana Law School (11/89)

"The Future of Legal Liberalism," Indiana University Law School at Bloomington (3/89) & Center for the Study of Federalism, Temple University, Philadelphia (9/88)

"Federal Constitutional Limitations on State Constitutional Law," Advisory Commission on Inter-Governmental Relations, Washington, D.C. (10/87)

"Federalism Analysis after Garcia v. San Antonio," National Association of District Attorneys (4/85)