Friday, February 10, 2012

Tribe Weighs In On The Threshold For Censorship

August 21, 2007

ASPEN -- Harvard University Law School professor Larry Tribe referred to the infamous quote from the Supreme Court Justice he once clerked for -- Potter Stewart as he discussed first amendment rights and censorship Tuesday. Tribe said he would know violent content when he saw it.

But Tribe said censorship must be approached with caution during a speech at the Progress and Freedom Foundation's Aspen Summit.

"You can say your purpose is noble, you're not trying to create uniformity, just trying to protect kids," Tribe said. "But that does not mean you can do it with a law that's imprecise."

Tribe clerked for Stewart from 1967-1968. Stewart is well known for the obscenity case Jacobellis v. Ohio in 1964 in which he wrote that hard core pornography was hard to define, but "I know it when I see it."

Tribe joked he worked for Stewart back in the days when one of the benefits of being a clerk was watching porn in the Supreme Court basement to search for obscenity and said he did ask Stewart if he had ever encountered hard core pornography.

"He said 'just once off the coast of Algiers,'" Tribe said, noting Stewart had served in the Navy, but would not elaborate on what he actually saw that reached the mark while traveling near the capital of Algeria.

Join the Discussion

The National Journal Group has the right (but not the obligation) to monitor the comments and to remove any materials it deems inappropriate.

Comments powered by Disqus

 

Archives

Monthly Archives

Categories

Recent Posts

Recent Comments


Contributors

Juliana Gruenwald

Tech Writer

E-Mail: jgruenwald@nationaljournal.com.


Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


Josh Smith

Tech Reporter

E-Mail: joshsmith@nationaljournal.com.


Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.