Geoffrey R. Stone
Edward H. Levi Distinguished Service Professor
1111 East 60th Street
Chicago, IL 60637
phone: 773-702-4907
email: g-stone@uchicago.edu

Publications (Books | Journals | Articles)

BOOKS

Sexing the Constitution (W. W. Norton, forthcoming 2008).

Rights at War (University of Pennsylvania Press, forthcoming 2007).

Chief Editor, Inalienable Rights (a fifteen-volume series to be published by Oxford University Press between 2006 and 2010).

Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (W.W. Norton 2004).

Eternally Vigilant: Free Speech in the Modern Era (The University of Chicago Press 2001) (with Bollinger).

The First Amendment (Aspen Law and Business 1999) (2d Ed. 2003, 2005 Annual Supplement) (with Seidman, Sunstein, Tushnet & Karlan).

Constitutional Law (Aspen Law and Business 1986) (2d Ed. 1991; 3d Ed. 1996; 4th Ed. 2001, 5th Ed. 2005, 2005 Annual Supplement) (with Seidman, Sunstein & Tushnet).

Constitutional Law Annual Supplement (Aspen Law and Business 1986 - 2003) (with Seidman, Sunstein & Tushnet).

The First Amendment-Annual Supplement (Aspen Law and Business 1999 - 2003) (with Seidman, Sunstein & Tushnet).

The Bill of Rights in the Modern State (University of Chicago Press 1992) (with Epstein & Sunstein).

JOURNALS

The Supreme Court Review (1991 -present) (edited with Hutchinson & Strauss).

ARTICLES

"McCain's justice; Conservative activism gone wild," Chicago Tribune (May 7, 2008).

"Loyalty oaths fail the test of democracy," Los Angeles Times (March 11, 2008).

"Bill Clinton's folly a party disgrace," Chicago Tribune (January 31, 2008).

"In Memoriam: David P. Currie (1936-2007)," 75 University of Chicago Law Review 27 (2008).

"Kenneth Karst's Equality as a Central Principle in the First Amendment," 75 University of Chicago Law Review 37.

"National Security v. Civil Liberties," 5 California Law Review 2203 (2007).

"Origins of Obscenity," 31 New York University Review of Law & Social Change 711 (2007).

"Sex, Violence, and the First Amendment," 74 University of Chicago Law Review 1857 (2007).

"Like love, law seeks right match," Chicago Tribune C1 ( September 16, 2007).

"History lessons never learned; Legacy of 3 predecessors could have taught Gonzales how to serve honorably," Chicago Tribune C25 (August 29, 2007).

"The Gospel and Hate Crimes," Los Angeles Times 25 (August 23, 2007).

"Why a few bad laws do not kill freedom in America," Financial Times 11
(August 20, 2007).

"The Wrong Side of History," Chicago Tribune C17 (June 12, 2007).

"In Memoriam: Bernard D. Meltzer (1914-2007)" 74 University of Chicago Law Review 439 (Spring 2007).

"Our faith-based justices," Chicago Tribune C19 (April 30, 2007).

"Civil-union Bill an Apt Compromise," Chicago Tribune 17 (March 26, 2007).

"Half a Shield Is Better Than None," The New York Times A1 (February 21, 2007).

"A narrow view of the law," Chicago Tribune C17 (February 6, 2007).

"U.S. Needs to Hear Bush Admit Errors," Chicago Tribune C13 (January 16, 2007).

"The Role of the Judge in the Twenty-First Century: Civil Liberties v. National Security in the Law's Open Areas," 86 Boston University Law Review 1315 (2006).

"Access to Justice: The Social Responsibility of Lawyers: A Lawyer's Responsibility: Protecting Civil Liberties in Wartime,"22 The Journal of Law & Politics 47 (2006).

"Freedom of the Press in Time of War," 59 Southern Methodist University Law Review 1663 (Fall 2006) (Roy R. Ray Lecture).

"Secrecy, the Enemy of Democracy," Chicago Tribune (December 17, 2006).

"Gays kept separated; church and state not," Chicago Tribune C9 (November 19, 2006).

"Taking Liberties; A former top Justice Department lawyer defends the post-9/11 decisions he helped make," The Washington Post T06 (November 5, 2006) (book review).

"What it means to be a liberal," Chicago Tribune C17 (October 30, 2006).

"An independent and fearless judiciary," Chicago Tribune C21 (August 24, 2006).

"Religious rights and wrongs," Chicago Tribune C27 (July 26, 2006).

"The Hustler: Justice Rehnquist and 'The Freedom of Speech, and of the Press,' in Craig Bradley, ed., The Rehnquist Legacy 11 (Cambridge University Press, forthcoming 2005).

"Foreward: A Culture of Civil Liberties," 36 Rutgers L. J. 825 (2005).

"Why We Need a Federal Reporter's Privilege," 34 Hofstra L. Rev. 39 (2005).

"Free Speech in the Age of McCarthy: A Cautionary Tale," 93 Univ. Calif. L. Rev. 1387 (2005).

"Testimony on a Proposed Journalist-Source Privilege to the Senate Committee on the Judiciary," Occasional Paper No. 46 (University of Chicago Law School, October 2005).

"Rasul v. Bush & Al Odah v. United States," 29 N.Y.U. Rev. L & Soc. Change 613 (2005).

"New York Times v. Sullivan," in K. Hall, ed., The Oxford Companion to the Supreme Court of the United States 608 (2d ed 2005).

"War Fever," 69 U. Mo. L. Rev. 1133 (2004).

"Free Speech in Wartime: The 'Reign of Witches,'" 2004 U. Chi. L. S. Rec. 8 (Fall).

"Dissent is Not Disloyal," Chicago Tribune (December 24, 2004)

"Justices Who Won't 'Run with the Wolves,'" Los Angeles Times (November 15, 2004)

"I Sympathize with the Times; Nevertheless. . . ." The Wall Street Journal (October 25, 2004)

"Miller, Novak, Plame, Wilson", The Wall Street Journal (October 18, 2004)

"America's New McCarthyism," Chicago Tribune (October 17, 2004)

"They're Watching You. . . ., Review of Robert O'Harrow, No Place to Hide," Washington Post (February 20, 2005)

"Supreme Court Tales From the Pleading Side of the Bench, Review of Floyd Abrams, Speaking Freely: Trials of the First Amendment," New York Times April 16, 2005)

"Sticks and Stones: Reply to Andrew McCarthy, Free Speech for Terrorists?" Commentary 12 (June 2005)

"A 'Nuclear' Attack on the Constitution: Changing the Senate's Filibuster Rules a Dangerous Option," Chicago Tribune (May 1, 2005)

"Supreme Court Tales from the Pleading Side of the Bench," The New York Times (16 April 2005).

"They're Watching You . . .," The Washington Post (20 Feb 2005).

Free Speech in the Age of McCarthy: A Cautionary Tale", --- Univ. Calif. L. Rev. --- (2004).

"War Fever", --- U. Mo. L. Rev. (2004).

"Liberta Civili In Tempo Di GuerraL La Prospettiva Americana", (2003)

"Free Speech in World War II: 'When Are you Going to Indict the Seditionists?'" 2 Int'l J of Const. L. 334 (2004).

"Judge Learned Hand and the Espionage Act of 1917: A Mystery Unraveled," 70 U. Chi. L. Rev. 335 (2003).

"The Origins of the Bad Tendency Test: Free Speech in War Time," 2002 Sup. Ct. Rev. 411.

"Abraham Lincoln s First Amendment, 73 N.Y.U.L. Rev. 1 (2003).

"Civil Liberties in Time of National Emergency," J. Sup. Ct. Hist. Soc. 215 (2003).

"Judicial Activism & Ideology," 6 Green Bag 2d 281 (2003).

"Above the Law: Research Methods, Ethics and the Law of Privilege," 32 Sociological Methodology 19 (2002).

"The Questions of Free Speech," in Unsettling Sensation, Rothfield, ed. (2001).

"Eight Things a Former Provost No Long Believes about Information Technology," Educause Review 62 (May/June 2002).

"Equal Protection? The Supreme Court's Decision in Bush v. Gore," http://fathom.lib.uchicago.edu/1/777777122240/ (2002).

"What if America Had Only One Mixed Race?" Chicago Tribune 17 (March 31, 1999).

"Moral Zealotry is a Worse Crime," Chicago Tribune 20 (February 20, 1999).

"A Brief History of Academic Freedom," in Advocacy in the Classroom: Problems and Possibilities, Spacks, ed. (1996).

"Academic Freedom and Responsibility," XXX U. Chi. Rec. No. 1, at 7 (1995); reprinted in 42 U. Chi. L.S. Rec. 2 (Spring 1996).

"Foreward," in The Price We Pay: The Case Against Racist Speech, Hate Propaganda, and Pornography, Lederer & Delgado (1995).

"Hate Speech and the U.S. Constitution," 3 East Europ. Const. Rev., No. 2, p.80 (1994).

"A Free and Responsible Press," 1993 U. Chi. Leg. F. 127.

"Autonomy and Distrust," 64 U. Colo. L. Rev. 1171 (1993).

"Imagining a Free Press," 90 Mich. L. Rev. 1246 (1992) (Review of L. Bollinger, Images of a Free Press).

"The Bill of Rights in the Next Two Hundred Years," 70 Wash. U. L. Q. 1 (1992).

"Current Challenges to Free Expression," 12 N. Ill. L. Rev. 425 (1992).

"Freedom of Speech," in The Encyclopedia of the American Constitution (1992).

"William J. Brennan, Jr.," in The Encyclopedia of the American Constitution (1992).

"New York Times v. Sullivan," in The Oxford Companion to the Supreme Court of the United States (1992).

"Controversial Scholarship and Faculty Appointments: A Dean's View," 77 Iowa L. Rev. 73 (1991).

"Justice Brennan and 'The Freedom of Speech': A First Amendment Odyssey," 139 U. Penn. L. Rev. 1331 (1991).

"Constitutional Vision," 26 Valparaiso L. Rev. xvii (1991).

"Flag Burning and the Constitution," 75 Iowa L. Rev. 111 (1990), reprinted as University of Chicago Law School Occasional Paper (number 27) (1990), and in 1991 First Amendment Handbook 247 (J. Swanson," Ed.).

"Testimony on Measures to Protect the Physical Integrity of the American Flag," Hearings Before the Committee on the Judiciary of the United States Senate, Serial No. J-101-33, at 181-234, 101st Cong., 1st Sess. (1989).

"A Passion for Justice," 98 Yale L.J. 213 (1988).

"Wally," 55 U. Chi. L. Rev. 721 (1988).

"The Reagan Administration, The First Amendment, and FBI Domestic Security Investigations," in Freedom at Risk: Secrecy, Censorship, and Repression in the 1980's 273, R. Curry, ed. (Temple Univ. Press 1988).

"Content-Neutral Restrictions," 54 U. Chi. L. Rev. 46 (1987).

"Reflections on the First Amendment: The Evolution of the American Jurisprudence of Free Expression," 131 Proceed. Amer. Phil. Soc. 251 (1987).

"Precedent, The Amendment Process, and Evolution in Constitutional Doctrine," 11 Harv. J. L. & Pub. Pol. 67 (1987).

"The Equal Access Controversy: The Religion Clauses and the Meaning of 'Neutrality,'" 81 Nw. U. L. Rev. 169 (1986).

"The Responsibilities of a Free Press," XL Bull. Amer. Acad. Arts & Sci. 6 (Feb. 1987).

"The Selective Activism of the Burger Court," 72 A.B.A.J. 10 (June 15, 1986).

"Repeating Past Mistakes: A Comment on the Pornography Commission," 24 Society 30 (July/Aug. 1987).

"Comment on S. 2323 -- A Bill to Enable the Networks Voluntarily to Restrict Violence on Television," S. Rep. 99-535, 99th Cong., 2d Sess. 14 (1986).

"On Open Meetings," 72 Academe 3 (Jan.-Feb. 1986).

Review of Bollinger, The Tolerant Society, 97 Ethics 700 (Apr. 1987).

Review of Levy, The Emergence of a Free Press, 97 Ethics 286 (Oct. 1986).

"Anti-Pornography Legislation as Viewpoint Discrimination," 9 Harv. J. L. & Pub. Pol. 701 (1986).

"The Burger Court and the Political Process: Whose First Amendment," 10 Harv. J. L. Pub. Pol. 301 (1987).

"Constitutionally Compelled Exemptions and the Free Exercise Clause," 27 Wm. & Mary L. Rev. 985 (1987).

"Limitations on Fundamental Freedoms: The Respective Roles of Courts and Legislatures in American Constitutional Law," in The Limitation of Human Rights in Comparative Constitutional Law, deMestral, Birks, Bothe, Cotler, Klinck & Morel, eds. (1986).

"Celebrating Brown," 31 U. Chi. L.S. Rec. 3 (Spring 1985); reprinted in XIX U. Chi. Rec. No. 1, at 19 (1985).

"Individual Rights and Majoritarianism," Cato Institute Monograph No. 51 (1985).

"O.T. 1983 and the Era of Aggressive Majoritarianism: A Court in Transition," 31 Ga. L. Rev. 15 (1984).

Review of McLeod, Takach, Morton and Segall, The Canadian Charter of Rights: The Prosecution and Defense of Criminal and Other Statutory Offenses, 12 Int'l. J. Leg. Info. 60 (1984).

"Statement on the Undercover Operations Act," Hearings on a Bill to Establish Standards and Limits for Conducting Federal Undercover Operations Before the Subcommittee on the Judiciary (1984).

"Brown v. Socialist Workers: Equality as a Command of the First Amendment," 1983 Sup. Ct. Rev. 583.

"Content Regulation and the First Amendment," 25 William & Mary L. Rev. 189 (1983).

Review of Tarnopolsky & Beaudoin, The Canadian Charter of Rights and Freedoms, 11 Int'l. J. Leg. Info. 189 (1983).

"In Opposition to the School Prayer Amendment," 50 U. Chi. L. Rev. 823 (1983).

"Sedition," in Encyclopedia of Crime & Justice 1425, Kadish, ed. (1983).

"The School Prayer Amendment," Hearings Before the Senate Judiciary Committee (1982).

"Television in the Courtroom," 1982 Encyclopedia Britannica Book of the Year.

"Intelligence as Governance," 9 Rev. Am. Hist. 270 (1981).

"FBI Undercover Operations," Hearings on FBI Oversight Before the Subcommittee on Civil and Constitutional Rights of the House Judiciary Committee (1981).

"Surveillance and Subversion," 8 Rev. Am. Hist. 134 (1980).

"The FBI Charter," 26 U. Chi. L. S. Rec. 3 (1980).

"Restrictions on Speech Because of Its Content: The Peculiar Case of Subject-Matter Restrictions," 46 U. Chi. L. Rev. 81 (1978) (reprinted in 18 P.E.A.L.Q. 359 (1980).

"Group Defamation," University of Chicago Occasional Paper No. 15 (1978).

"The Miranda Doctrine in the Burger Court," 1977 Sup. Ct. Rev. 99.

"The Scope of the Fourth Amendment: Privacy and the Police Use of Spies, Secret Agents, and Informers, 1976 Amer. Bar. Found. Res. J. 1193.

"Fora Americana: Speech in Public Places," 1974 Sup. Ct. Rev. 233.

"Criminal Procedure in the Supreme Court," 1973 Report of the Illinois Judicial Conference 190.

"Residence Requirements for Voting in Presidential Elections," 37 U. Chi. L. Rev. 359 (1970).

Selected Presentations

Iraq and Vietnam , Chicago's Best Ideas (January, 20, 2005).

An Interview with Geoffrey R. Stone, Research at Chicago (September 2004).

Civil Rights and Military Tribunals, University of Chicago Law School (January 17, 2002).