John Bingham and the Alien & Sedition Act

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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2 Responses

  1. Was this statement made before or after the ratification of the 14th amendment? I’m curious if he was referring to the Constitution as it existed before the 14th Amendment, or the state of the Constitution after the 14th Amendment. And this quote would go more towards the breadth of First Amendment Protections, rather than to its incorporation matters.

  2. Gerard Magliocca says:

    Right before Josh. (The speech was in May; ratification was in June.) I doubt he thought the 14th was making the Alien & Sedition Act invalid.