Faculty Scholarship: 2018 to 2021

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Samantha Barbas PROFESSOR DIRECTOR OF THE BALDY CENTER FOR L AW AND SOCIAL POLICY JD, Stanford Law School PhD, University of California at Berkeley BA, Williams College (716) 645-6216

sbarbas@buffalo.edu

AREAS OF INTEREST FIRST AMENDMENT LEGAL HISTORY MASS MEDIA LAW

The Esquire Case: A Lost Free Speech Landmark, 27 William and Mary Bill of Rights Journal 287 (Dec. 2018).

My work examines the interconnections between law, American social and cultural history, and the history of mass communications. I have focused on the history of

BOOKS

CHAPTERS

The Rise and Fall of Morris

Privacy and the Right to One’s

Ernst: Free Speech Renegade

Image: A Cultural and Legal History,

(University of Chicago Press, 2021).

in Injury and Injustice: The Cultural Politics of Harm and

privacy, defamation, and free speech law, looking at topics ranging from the 1957 trial of Confidential magazine, to

Confidential Confidential:

Redress 202 (Anne Bloom, David

The Inside Story of Hollywood’s

M. Engel & Michael McCann, eds.,

Notorious Scandal magazine

Cambridge University Press, 2018).

(Chicago Review Press, 2018).

the 1967 Supreme Court case Time v. Hill, to the history

ARTICLES

of the ACLU and the career

The Press and Libel Before

of famed civil liberties

New York Times v. Sullivan, 44

attorney Morris Ernst.”

Columbia Journal of Law and the Arts 511 (2021).

Recounting the Life of a Free-Speech Renegade Based on volumes of archives and historical accounts, The Rise and Fall of Morris Ernst: Free Speech Renegade (University of Chicago Press, 2021) follows the life and the career of civil liberties attorney Morris Ernst. Ernst spent decades as the American Civil Liberties Union’s general counsel. Renowned for battling against artistic censorship, he successfully argued high profile free-speech cases and supported the widespread expansion of protections for sexual expression, reproductive rights, and union organizing. Yet, Ernst had another side. Samantha Barbas details her subject’s late-career obsession with resisting Communist influence in the ACLU and the wider society, highlighting his contrary perspectives that both transformed free speech in America and inflicted damage to the cause of civil liberties. Barbas puts Ernst in a timely new light, showing that today’s challenges to free speech and the exercise of political power make Ernst’s battles as relevant as ever.

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