Franklyn Haiman

Franklyn Haiman is John Evans Professor Emeritus of Communications Studies at Northwestern University. He is the author of Speech and Law in a Free Society and "Speech Acts" and the First Amendment..

Recent Articles

Stealing First: The Rehnquist Court Gags on Free Speech

The prospect that Bill Clinton could name more than

one new justice to the U.S. Supreme Court has caused celebration among those who

feared for the fate of Roe v. Wade. The same prospect has significant

implications for the first Amendment, which has also been hanging in a precarious

balance since President Reagan and Bush have shifted the Court's center of

gravity to the right. For while the nation's attention was absorbed by the

decision at the end of the Court's 1991-1992 term upholding the restrictions on

abortion enacted in Pennsylvania, the justices were at the same time deciding a

Setting Limits on Free Speech


Rod Smolla's Deliberate Intent: A Lawyer Tells the True Story of Murder by the Book


01.03.00 | reviewed by Franklyn S. Haiman

The Remedy is More Speech

The recent spate of incidents on college campuses involving the verbal expression of racist, sexist, anti-Semitic, and homophobic hatred has reignited a long-running debate in the history of free speech. Like flag burning, obscenity, and defamation of character, the derogation of people on the basis of their race, religion, or ethnicity -- known to the legal community as "group libel" -- has often been singled out as a candidate for exclusion from the protections of the First Amendment. Those who have urged curbs on group libel point out that the United States stands alone among the democracies of the world in tolerating such speech.