Perspective by Charles Rembar

Author:Charles Rembar [Rembar, Charles]
Language: eng
Format: epub
Tags: law, essays, Constitutional, Civil Rights
ISBN: 9781504015653
Google: ubHBCQAAQBAJ
Publisher: Open Road Media
Published: 2015-07-21T23:48:41.944811+00:00

* Gurfein, incidentally, though totally without judicial experience, had long experience in the practice, and received his appointment at a relatively advanced professional age. The familiar complaint about “old” judges is not valid. Until they reach a stage of physical deterioration, lawyers generally improve. The abilities that make a lawyer and those that make a judge are not congruent, but they are centrally the same.

* The opinion concludes with a disclaimer: “I am not, of course, saying that either of these newspapers has yet committed a crime or that either would commit a crime if they published all the material now in their possession.” But one may wonder at the effect of such a disclaimer when it comes at the end of a long discussion of criminal liability, a discussion containing such remarks as: “However, these same members of Congress appeared to have little doubt that newspapers would be subject to criminal prosecution if they insisted on publishing information of the type Congress had itself determined should not be revealed.” Or, again: “If any of the material here at issue is of this nature, the newspapers are presumably now on full notice of the position of the United States and must face the consequences if they publish. I would have no difficulty in sustaining convictions under these sections on facts that would not justify the intervention of equity and the imposition of a prior restraint.”

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