Robert McCaw - On Clerking for Justice Hugo L. Black

The transcript discusses the speaker's experience clerking for Justice Black, highlighting two main stories. The first story revolves around the Pentagon Papers case, where Justice Black upheld the First Amendment rights of the New York Times and the Washington Post. Initially, Justice Black considered limiting the First Amendment to political speech, but the case reinforced his belief in its broader application. The second story describes the Chief Justice's decision to appoint an additional clerk for Justice Black, which was initially met with resistance but eventually accepted. These stories illustrate Justice Black's evolving views on free speech and his personal approach to selecting clerks.

What was the main issue at the heart of the Pentagon Papers case?

• The role of the Chief Justice

• The appointment of Supreme Court justices

• The right to publish classified documents

• The legality of the Vietnam War

How did Justice Black's views on the First Amendment change over time?

• He opposed the First Amendment entirely

• He became more restrictive of political speech

• He broadened his support for the First Amendment

• He focused solely on commercial speech

What was Justice Black's initial stance on the First Amendment when he was first appointed?

• He believed it should only apply to the press

• He thought it should be abolished

• He considered restricting it to political speech

• He wanted to expand it to all forms of speech

Why was the appointment of a third clerk initially offensive to Justice Black?

• He wanted more than three clerks

• He thought it was unnecessary

• He preferred to work alone

• He believed clerks should be chosen by him personally

How did the Chief Justice manage to have a third clerk appointed for Justice Black?

• By convincing Congress to change the law

• By offering Justice Black a promotion

• By selecting someone from Justice Black's hometown

• By choosing a clerk who shared common interests with Justice Black