Vincent Blasi has taught at Columbia Law School since 1983. He is a free speech theorist and historian whose well-known 1977 article, “The Checking Value in First Amendment Theory,” posited that one of the principal functions of the freedoms of speech and press is to “check the abuse of power by public officials.” His 1985 article “The Pathological Perspective and the First Amendment” advanced the thesis that the freedom of speech should be interpreted so as to make it as resilient as possible in periods of unusual public intolerance, anxiety, and scapegoating. He has written a number of articles undertaking detailed critical readings of the classic arguments for free speech by luminaries such as John Milton, James Madison, John Stuart Mill, Learned Hand, Oliver Wendell Holmes, and Louis Brandeis.
In his popular course, Ideas of the First Amendment (which is also the title of a casebook he authored), Blasi asks students to draw upon the classic arguments in order to critically evaluate landmark First Amendment opinions and contemporary debates about the meaning of the freedom of speech. He contributed a chapter, “Rights Skepticism and Majority Rule at the Birth of the Modern First Amendment,” for Columbia University President Lee Bollinger’s recent book, The Free Speech Century. He also wrote the chapter on the history of ideas for the Oxford Handbook of Free Speech.
In 1998 Blasi was elected a Fellow of the American Academy of Arts and Sciences.
- Learned Hand’s Seven Other Ideas About the Freedom of Speech, 50 Ariz. St. L. J. 717 (2018)
- A Reader’s Guide to John Milton’s Areopagitica, the Foundational Essay of the First Amendment Tradition, 2017 Supreme Court Review 273
- Hate Speech, Public Assurance, and the Civic Standing of Speakers and Victims, 32 Const. Comm. 585 (2017)
- Shouting “Fire!” in a Theater and Vilifying Corn Dealers, 39 Cap. L. Rev. 535 (2011)
- Holmes and the Marketplace of Ideas, 2004 Supreme Court Review 1
- School Vouchers and Religious Liberty: Seven Questions from Madison’s Memorial and Remonstrance, 87 Cornell L. Rev. 783 (2002)
- Free Speech and Good Character, 46 UCLA 1567 (1999).
- Free Speech and the Widening Gyre of Fund-raising: Why Campaign Spending Limits May Not Violate the First Amendment After All, 94 Colum. L. Rev. 1281 (1994)
- The First Amendment and the Ideal of Civic Courage: The Brandeis Opinion in Whitney v. California, 29 Wm. & Mary L. Rev. 653 (1988)
- The Pathological Perspective and the First Amendment, 85 Colum. L. Rev. 449 (1985)
- Toward a Theory of Prior Restraint: The Central Linkage, 66 Minn. L. Rev., 11 (1981)
- The Checking Value in First Amendment Theory, 1977 Am. Bar Foundation Res. J. 521
Selected Book Chapters
- “Rights Skepticism and Majority Rule at the Birth of the Modern First Amendment,” in The Free Speech Century, L. Bollinger and G. Stone eds. 2018)
- “The Story of West Virginia State Board of Education v. Barnette: The Pledge of Allegiance and the Freedom of Thought” (with Seana V. Shiffrin), in Constitutional Law Stories (M. Dorf ed., 2003)
- “Free Speech and Good Character: From Milton to Brandeis to the Present,” in Eternally Vigilant: Free Speech in the Modern Era (Lee Bollinger and G. Stone, eds. 2002)
- “The Rootless Activism of the Burger Court,” in The Burger Court: The Counter-Revolution That Wasn’t (V. Blasi ed. 1983)