The Warren Court, Congress and the First Amendment: The Road Not Taken?1 Gordon Silverstein But I want to pause a moment, and go back to that "yellow wood" and think about the path not taken which, in this case, Benjamin Cardozo2 is the path of what might be called the Though most of us are familiar with First Amendment as a positive right. Robert Frost's "The Road Not Taken," "Is the First Amendment merely the Is the First Amendment merely the it is actually the last three lines that are right to speak, and think and write or right to speak, and think and write etched in our memory (Two roads is it, as well, the right to refuse to or is it, as well, the right to refuse to diverged in a wood, and I / I took the speak, and think and write." Might we speak, and think and write? Might one less traveled by / And that has think about the First Amendment as a we think about the First Amendment made all the difference). far more robust guarantee of privacy as a far more robust guarantee of Those of us
The Good Society – Penn State University Press
Published: Jan 12, 2005
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