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Published online by Cambridge University Press: 05 May 2013
Prologue
Re dictionary definition of dissent: “Dissent” in Lesley Brown, editor, The New Shorter Oxford English Dictionary (New York: Oxford University Press, 1993), 1: 702 (second definition).
From Judicial Dissent to a Peaceful Protest
Re Abrams v. United States: 250 U.S. 616, 624, 630 (1919) (Holmes, J., dissenting).
Re Port Huron Statement: Tom Hayden, The Port Huron Statement: The Visionary Call of the 1960s Revolution (New York: Thunder's Mouth Press, 2005), pp. 1–48.
Re Dissent in America: Ralph F. Young, editor, Dissent in America: The Voices That Shaped a Nation (New York: Longman, 2009).
Re Texas v. Johnson: 491 U.S. 397, 403 n. 3 (1989).
Re dictionary definition of dissent: “Dissent” in Lesley Brown, editor, The New Shorter Oxford English Dictionary (New York: Oxford University Press, 1993), 1: 702 (second definition).
Re Luther: H. G. Haile, Luther: An Experiment in Biography (Princeton, NJ: Princeton University Press, 1983), pp. 205–258.
Re John Doe hypothetical: This scenario derives loosely from the Dennis R. Beller story. Joyce Murdoch and Deb Price, Courting Justice: Gay Men and Lesbians v. the Supreme Court (New York: Basic Books, 2001), pp. 208–212; Beller v. Lehman, 632 F.2d 792 (9th Cir., 1980).
Re anti-miscegenation: Loving v. Virginia, 388 U.S. 1 (1967); Pippa Holloway, Sexuality, Politics, and Social Control in Virginia, 1920–1945 (Chapel Hill: University of North Carolina Press, 2007).
Re King essay: Martin Luther King, “A Testament of Hope,” in James M. Washington, editor, A Testament of Hope: The Essential Writings of Martin Luther King, Jr. (New York: Harper & Row, 1986), pp. 327–328.
Re Ruthenberg v. Michigan: Ronald K. L. Collins and David M. Skover, “Curious Concurrence: Justice Brandeis's Vote in Whitney v. California,” The Supreme Court Review 2005: 333, 388–395. See also Alexander M. Bickel, The Unpublished Opinions of Mr. Justice Brandeis: The Supreme Court at Work (Cambridge, MA: Harvard University Press, 1957).
Re esoteric dissent: Leo Strauss, Persecution and the Art of Writing (New York: The Free Press, 1952), pp. 23, 24, 33.
Re anonymous publications: Talley v. California, 362 U.S. 60, 64–65 (1960).
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