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Strossen, Nadine

DigitalCommons@NYLS 
Other Publications Faculty Scholarship 
2-24-2025 
My Father Survived the Holocaust. Censorship Didn’t Stop the 
Nazis, it Helped Them 
Nadine Strossen 
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My father survived the Holocaust. Censorship didn’t stop the
Nazis, it helped them
By Nadine Strossen
Published February 24, 2025
Fox News
In 1944, my father was arrested in Berlin for the double crime of being half-Jewish and a Hitler opponent. He was imprisoned and
enslaved in the infamous Buchenwald camp, where he barely survived the Nazis’ brutal program of "extermination through labor,"
and had been scheduled for involuntary sterilization. To his great fortune — and mine — American troops liberated Buchenwald one
day before that scheduled procedure. 
I have dedicated my life to defending free speech because history demonstrates that it is the most essential engine for securing
human rights. But if CBS's "Face the Nation" host Margaret Brennan had been correct, when she claimed last week that "free
speech was weaponized to conduct a genocide" in Germany, that would be a powerful argument for censorship. Sadly, she was
wrong. 
In fairness to Brennan, she was repeating an all too common assumption: that the Nazis rose to power during Germany’s Weimar
Republic because of its tolerance of their hateful rhetoric. But the historical record belies this assumption, which is why it is often
called the "Weimar fallacy." 
EURO LEADERS OFFENDED BY VANCE SHOULD ‘HAVE A BEER WITH’ THEIR PEOPLE TO UNDERSTAND CONCERNS:
US CONSERVATIVES
In fact, there were laws criminalizing hateful, discriminatory speech in Weimar Germany. These laws were strictly enforced,
including against leading Nazis such as Joseph Goebbels, Julius Streicher, and even Hitler himself. Hundreds of Nazi agitators
were found guilty of group libel, incitement to "class" violence, and insults to religious communities. Similar bans on Nazi radio
programs, newspapers, rallies and speeches led to countless prosecutions. 
CBS host Margaret Brennan says free speech caused the Holocaust. (Screenshot/CBS News)
No matter how positive their intentions, these German hate speech laws backfired into a public relations coup for the Nazis, who
claimed they were being punished for speaking truth to power. For example, Streicher’s virulently anti-Semitic newspaper Der
Stürmer became more popular the more it was confiscated.  
The speaking ban on Hitler led to posters depicting him as a free speech martyr, with his mouth taped shut and the text complaining
that "He alone of two billion people on Earth may not speak in Germany." 
What’s worse, once the Nazis seized power, they used these very same laws to silence and jail their opponents. This experience
illustrates an inherent flaw of any restrictions on so-called hate speech: because that concept is inescapably subjective, the
enforcing authorities are given the power to suppress essentially any speech — and as a result endangering any speech that is
unpopular with powerful interest groups. 
Sadly, we need look no further than Germany itself for examples of contemporary hate speech laws predictably going awry.
Recently, six German police officers conducted a dawn raid of a man’s house because of his mocking tweet about a government
official’s hypocritical conduct — a classic example of dissenting speech that is the lifeblood of any democratic government. In
2024, pro-Palestinian rallies were shut down over concerns about the potential for hate speech — even though the suppressed
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messages were in a foreign language. 
Especially troubling is Germany’s regular punishment of any message that contains so-called "hateful speech," even if the
message satirizes and condemns it. For example, in 2021, the Cologne public prosecutor initiated proceedings against Cologne’s
mayor and a member of its Jewish community because of their tweets sharing a photograph of an anti-Semitic poster.  
CLICK HERE FOR MORE FOX NEWS OPINION
The intention was to decry the ongoing problem of anti-Semitism, which is why the tweet’s accompanying message read, "Anyone
who thinks that way has no business in Cologne or anywhere else in our society." Still, the public prosecutor said it was his duty to
investigate because German law absolutely bars any distribution of hate speech, regardless of its intent. 
Likewise, Germany’s strict Internet censorship law, which went into effect in 2018, was swiftly used to punish not only anti-immigrant
tweets by leaders of Germany’s far-right Alternative for Deutschland (AfD) party, but also tweets by journalists and human rights
activists that satirized and criticized them.  
The speaking ban on Hitler led to posters depicting him as a free speech martyr, with his mouth taped shut and the text complaining
that "He alone of two billion people on Earth may not speak in Germany." 
The steady rise of the AfD party in political support and power, despite Germany’s strict censorial regime, tragically mirrors the
events of the Weimar period: Censoring the hateful, hated messages doesn’t suppress the underlying ideas. In fact, they may even
amplify them. 
CLICK HERE TO GET THE FOX NEWS APP
I literally owe my life to the end of the Holocaust. If evidence showed that censorship could have averted it, I would support
censorship. But there is no such evidence.  
Rather than attempt to censor speech we loathe and whose consequences we fear, all of us who oppose bigotry and discrimination
have a moral duty to raise our voices vigorously against it. We cannot suppress hatred by silencing its expression. We must
confront it head-on. There are no shortcuts. 
Nadine Strossen is a senior fellow at the Foundation for Individual Rights and Expression (FIRE); a past national president of the
American Civil Liberties Union; John Marshall Harlan II Professor of Law, Emerita, New York Law School; and the author of "HATE:
Why We Should Resist It with Free Speech, Not Censorship" and "Free Speech: What Everyone Needs to Know." She is also
featured in the documentary series "Free to Speak." 
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My Father Survived the Holocaust. Censorship Didn’t Stop the Nazis, it Helped Them

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New York Law School,

DigitalCommons@NYLS 
NYLS Community News History & Archives 
1-2-2025 
New York Law School’s Top Stories of 2024 
New York Law School 
Follow this and additional works at: https://digitalcommons.nyls.edu/community_news 
Since 1891
WE ARE NEW YORK’S LAW SCHOOL
 
1.  NYLS Announces 95% Employment Rate for Class of 
2023; 91% Employed in Gold Standard Jobs 
We were proud to celebrate our Class of 2023 for an 
impressive 95% overall employment rate 10 months after 
graduation, with 91% of the class in jobs considered “gold 
standard” bar-required or J.D.-advantage positions. These 
graduates are already making an impact in positions in New 
York and beyond.
2.  Learning New Skills and Finding Belonging in the Pre-Law 
Pipeline Program 
Each year, undergraduate students take part in our Summer 
Pre-Law Pipeline Program. We took an in-depth look at what 
the students gained from the program.
3.  New York City Corporation Counsel Sylvia O. Hinds-Radix 
Named Keynote Speaker at New York Law School’s 132nd 
Commencement 
NYLS was honored to have the Honorable Sylvia O. Hinds-
Radix, New York City’s Corporation Counsel, deliver the 
keynote address. She also accepted the Civic Fame award on 
behalf of the lawyers of the New York City Law Department.
4.  Welcoming the Classes of 2027 and 2028 at NYLS’s 2024 
Orientation 
We’re excited each year to welcome our newest 1L students 
to campus and prepare them for a successful start to their 
law school journey. Take a look at the highlights from this 
year’s orientation.
5.  Meet Our Law Students: Humans of NYLS, March 2024 
Throughout the year, NYLS students nominate their peers for 
a spotlight in the Student Bar Association’s Humans of NYLS 
series. Meet a few of our students featured in the series.
6.  New York Law School Honors the Class of 2024 at 132nd 
Commencement Exercises 
At the beautiful Beacon Theatre, NYLS’s Class of 2024 
received their degrees. Revisit the memories from the 132nd 
Commencement.
7.  NYLS Launches The Ross Sandler and Alice M. Sandler 
Fellowship Fund 
Established in honor of Professor Ross Sandler and his wife 
Alice M. Sandler, the new fellowship fund supports NYLS 
students pursuing a career in government.
8.  New York Law School Launches the Center for New York 
City and State Law 
Building on a legacy of success and over 30 years of in-depth 
NYC coverage, NYLS proudly announced that the Center for 
New York City Law had a new name to reflects its’ growing 
breadth of work and expanded programs led by experts on 
city and state government.
9.  Alumni Class Notes: Spring 2024 
Check out a few of the recent achievements and milestones 
from across our alumni community.
10.  Top Grades for NYLS in Academics, Diversity, and 
Campus 
We’re proud to have received accolades for our nationally 
recognized academic programs, beautiful campus, and 
inclusive community.
11.  Post-Conviction Innocence Clinic Client’s Conviction 
Vacated After Years of Work 
Distinguished Adjunct Professor Adele Bernhard how a client 
of the NYLS Post-Conviction Innocence Clinic was recently 
exonerated in Brooklyn Supreme Court.
New York Law School’s  
Top Stories of 2024
New York Law School  •  Published  January 02, 2025
Find more NYLS stories at news.nyls.edu.
As we prepare for a bright new year in 2025, we’re revisiting some of our top stories from 2024. 
Enjoy these highlights from around the New York Law School (NYLS) community. 


New York Law School’s Top Stories of 2024

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Bancamper, Jennifer

DigitalCommons@NYLS 
NYLS Community News History & Archives 
1-13-2025 
In the News: Faculty Insights on National Headlines 
Jennifer Bancamper 
Follow this and additional works at: https://digitalcommons.nyls.edu/community_news 
Since 1891
WE ARE NEW YORK’S LAW SCHOOL
Professor Kirk D. Burkhalter ’04
An expert in criminal law, Professor Kirk D. Burkhalter ’04 serves as Director of NYLS’s 21st Century 
Policing Project, a project aimed at making substantive contributions to national police reform through 
legal and policy advocacy, engagement in the American Bar Association’s Legal Education Police Practices 
Consortium, and much more. A retired NYPD Detective, First Grade, Professor Burkhalter brings 20 years 
of law enforcement experience to his legal analysis. His recent media appearances include:
•  “FBI: New Orleans Attack ‘Act of Terrorism’” on CTV News
•  “NYPD Preps for Times Square Celebration” on NewsNation
•   “Brooklyn grand jury indicts subway murder suspect” and “BREAKING: Man set on fire at Penn Station, 
NYPD investigates” on FOX’s LiveNOW
•   “New details on how UnitedHealthcare CEO shooting suspect left New York” on CBS News
•   “Luigi Mangione’s Family Has ‘Lots of Clout’ in Maryland Community” on the Law & Crime Network
•   “UnitedHealthcare CEO dies in targeted attack” on Bell Media
•   “Colleges Brace for Renewed Student Protests” and “NYPD Searches for Gun Used to Kill CEO” on 
News Nation
Professor Anna G. Cominsky ’05
Professor Anna G. Cominsky ’05 directs NYLS’s Criminal Defense Clinic, guiding students through 
criminal cases at all stages of the process from arraignment through trial. She also serves as 
the Managing Attorney of New York Law School Legal Services, Inc. A former litigation associate 
specializing in federal and state criminal defense, Professor Cominsky’s media contributions span some 
of the most high-profile criminal trials. She has been quoted and/or featured in the following recent 
news stories:
•   “Luigi Mangione to be arraigned on murder, terrorism charges Monday, Manhattan DA’s office says” 
in CBS New York
•  “UnitedHealthcare CEO killing sparks concerns about extremism“ on CBS Mornings.
•   “Explainer: What charges does Luigi Mangione face over UnitedHealth executive killing?” in Reuters
•   “What to Know About the Charges Against Luigi Mangione” in The New York Times
•   “Mangione Faces First-Degree Murder Charge That Brands Him a Terrorist” and  “Why Luigi 
Mangione Faces 2 Murder Cases Tied to One Killing” in The New York Times
•   “Breaking down the charges against CEO shooting suspect Luigi Mangione” and “UnitedHealthcare 
CEO murder suspect Luigi Mangione expected to waive extradition on Thursday” in CBS News
•   “’Nothing more, nothing less’: Writings show wandering path across the globe for Luigi Mangione” in 
USA Today
In the News: Faculty Insights  
on National Headlines
 Jennifer Bancamper  •  Published January 13, 2025
  
 
NYLS faculty members 
are regularly featured 
in the media, offering 
expert commentary 
on high-profile legal 
issues. Below is a 
roundup of the recent 
headline stories they’ve 
contributed to.
WE ARE NEW YORK’S LAW SCHOOL
•  “Daniel Penny trial spotlighted issues of homelessness, mental illness: Experts” in ABC News
•  “Trump sentencing in hush money case remains uncertain” on Voice of America (VOA)
•   “What to Know About the Daniel Penny Trial as the Prosecution Rests” and “Most Serious Charge 
Dismissed in Subway Trial; Lesser Charge Remains” in The New York Times
•   “No immunity decision in Trump’s hush money case as prosecutors weigh how to proceed” in The 
Washington Post
•  “Judge to decide whether Trump’s hush money conviction can stand” in Reuters
•   “Trump’s criminal sentencing is in ‘uncharted territory’” and “Trump’s New York sentencing still could 
happen even after election victory” in BBC News
•  “Daniel Penny trial to begin with opening statements Friday” on Spectrum News NY 1
•  “Subway chokehold suspect goes on trial” on ABC’s Good Morning, America
•   “Trial of Daniel Penny, Marine vet from West Islip accused in fatal subway chokehold to last 6 weeks, 
judge says” in Newsday
•  “Everything That’s Happened to the Menendez Brothers Since Monsters” in Vulture
•  “Music bosses knew about Diddy. I will expose those who helped him” in The Times
•   “Diddy is ‘fighting for his life’ amid sex trafficking charges. What does this mean for him?” and “Why 
Mangione is charged with second-degree murder” in USA Today
•  “The downfall of Sean ‘Diddy’ Combs” in Tortoise
•  “The staggering fall of Sean ‘Diddy’ Combs – from music mogul to criminal charges” in The Guardian
•  “Next steps in charges against former governor’s aide” on ABC News 10
•  “Supreme Court immunity fallout to crescendo in September” in The Hill
•  “Trump moves to delay justice for hush money scheme until after Election Day” in NY Daily News
Professor Rebecca Roiphe
As a legal analyst for CBS News, Joseph Solomon Distinguished Professor Rebecca Roiphe is often 
sought for breaking legal developments. A former Manhattan Assistant District Attorney, Professor 
Roiphe examines the mediating role of prosecutors in democracy and prosecutorial independence, 
particularly regarding the President’s power to control the Department of Justice. She has been quoted 
as an expert on legal ethics and criminal justice in the following recent news stories:
•  “Daniel Penny Verdict Update: Jury Finds Him Not Guilty” in Newsweek
•  “President Biden issues sweeping pardon for son Hunter Biden” on CBS News
•  “Trump rewards personal lawyers with justice department posts” in BBC News
•  “Explainer-What Comes Next for Trump’s Hush Money Criminal Case?” in U.S. News
•   “Trump Boosters at Hush-Money Trial Rewarded With Top Administration Jobs” and “Trump DA Faces 
Deadline as New York Hush Money Case in Limbo” in BNN Bloomberg
•  “Bye-Bye, Jack Smith” in The Atlantic
•  “Penny Hires Jury Consultant Who Aided O.J. Simpson and Kyle Rittenhouse” in The New York Times
•  “Adams staffer Rana Abbasova, believed to be cooperating with feds, is fired: Source; 2 others 
resign” on NBC New York
•  “Kagan’s High Court Ethics Proposal Poses Enforcement Challenges” in Bloomberg Law
•  “Can Robert Menendez’s Bribery Conviction Survive an Appeal?” in The New York Times
•  “The Supreme Court Term That Fundamentally Changed America” in Talking Points Memo
•  “Trump Ruling Darkens Presidential Shadow Over Justice Department” in Bloomberg Law
•   “Trump’s Call to Throw Out Hush-Money Conviction Threatens to Push Sentencing Back Months” in 
The Wall Street Journal
Find more NYLS stories at news.nyls.edu.


In the News: Faculty Insights on National Headlines

Landicino, Gabriella

McGinity v. Procter & Gamble Co.

NYLS Law Review 
Volume 69 
Issue 2 Volume 69, No. 2, 2025 Article 4 
January 2025 
Volume 69.2 Table of Contents 2024-2025 
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 Part of the Law Commons 
Recommended Citation 
Volume 69.2 Table of Contents 2024-2025, 69 N.Y.L. SCH. L. REV. 7 (2025). 
This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for 
inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. For more information, please 
contact camille.broussard@nyls.edu, farrah.nagrampa@nyls.edu. 
New York Law School Law Review
Article
The “Dealerization” of America:  
The SEC’s Misplaced Attempt at  
Broker-Dealer Registration for All  . . . . . . . . . . .Ernest Edward Badway 
and Abigail S. Badway 79
Notes
11 Years After Omnicare: Rethinking 
the Approach to Corporate Scienter .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  Kyle Lometti 107
Natural Conclusion: Generative AI is  
Certainly Artificial but Not Really Intelligent . . . . . . . Christopher Kipiniak 125
Betting on the Future: Regulating  
Microtransactions in Video Games and Proposing  
Comprehensive Consumer Protections  . . . . . . . . . . . . Andrew Shenberg 143
Case Comment
Parker v. City of Yonkers  . . . . . . . . . . . . . . . . . . . . . . Ryen Cinski 161
VOLUME 69 • 2024/25
CONTENTS
© Copyright 2024/25 New York Law School Law Review


Volume 69.2 Table of Contents 2024-2025

New York Law School

DigitalCommons@NYLS 
Masthead - New York Law School Law Review New York Law School Journals - Mastheads 
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2025-2026 Masthead 
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NEW YORK LAW SCHOOL LAW REVIEW 
VOLUME 70 
2025–2026 
 
EDITOR-IN-CHIEF 
KATE SABISTON 
MANAGING EDITOR 
KATHERINE GRABOWSKI
                
                               EXECUTIVE EDITORS 
HAILEY FREILICH                                  MARCIN LUCZAJ                                  ERIKA NAROD                                  MARY CAMPBELL ROUSE                                                      
 
EXECUTIVE NOTES & COMMENTS EDITORS EXECUTIVE CITATIONS & SUBSTANCE EDITORS
GABRIELLE ANGELLE 
KELLY JOHNSON 
 
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LEGAL SCHOLARSHIP EDITORS 
JOHN WEST 
NICOLE ZLATOKRASOV 
 
ASSOCIATE MANAGING 
EDITOR 
JAMIE ZWIRN 
 
DIGITAL REFERENCE EDITOR 
YUCHEN SUN 
DEVELOPMENT EDITOR 
      EMILY DILLMAN 
 
             NOTES & COMMENTS EDITORS 
 
SARAH CHAN                                   HAILEY KRAFT KENNEDY MULL 
NICHOLAS JUVELIER                                MARY MCCAFFERTY ADLEY RABOY 
ANTHONY KASSIS                      
 
PETER ROTONDO 
 
                           STAFF EDITORS 
 
 
JESSICA ANASTASIA CHARLOTTE DANQUAH TIMOTHY MCCORMICK ASHLEY OLIVER 
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MARCOS IZQUIERDO 
PETER JONES 
LAUREN KALYTA 
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SARA KELLY 
MADELINE LAM 
KEVIN LAUX 
JEEYUN LEE 
CHRISTINA LJULJIC 
NOAH LOWEN 
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MICHAEL MARIAN 
JOHN MARKS 
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STEPHEN MCKENNA  
MELANIE MCQUEEN 
CHASE NEWMAN 
BREE OTTO 
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JOHN PAPAGEORGIOU 
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CARLY QUINT 
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DigitalCommons@NYLS 
NYLS Community News History & Archives 
9-2-2025 
Your Guide to Navigating the Law School Admissions Process 
Jennifer Bancamper 
Follow this and additional works at: https://digitalcommons.nyls.edu/community_news 
Since 1891
WE ARE NEW YORK’S LAW SCHOOL
The “Navigating the Admissions Process” series, hosted by New York Law School’s 
Office of Admissions and Student Financial Services, offers a rare chance to learn 
about the law school admissions process straight from the decision-makers. The 
NYLS Admissions committee is led by Ella Mae Estrada, Associate Dean and Vice 
President for Enrollment Management, Student Financial Services, and Institutional 
Diversity, Equity, and Inclusion. She and the committee combine years of experience 
to offer practical strategies, insights, and advice to help applicants present their 
stories with impact. Below is a brief roundup of key lessons they share.
Crafting Your Personal and Optional Statements
A personal statement is your opportunity to connect your experiences, motivations, 
and goals into one cohesive and compelling story. Admissions committees want to 
see a clear sense of purpose shared from your authentic voice.
• Choose a meaningful topic that reflects your “why” for pursuing law
• Balance personal storytelling with a professional approach
• Cite specific examples that illustrate qualities like leadership or resilience
Optional statements can also be powerful, providing an additional opportunity to add 
depth or context to your application. For additional guidance, read about the path to a 
powerful personal statement.
Building a Strong Résumé
In law school admissions, your résumé serves as a snapshot of your academic, 
professional, and extracurricular achievements.
•  Highlight experiences that demonstrate skills relevant to legal education, such as 
analytical thinking, research, writing, and advocacy
•  Showcase any legal internships or jobs, volunteer work, or student organization 
involvement
Securing Letters of Recommendation
Strong letters of recommendation can bring your application to life.  Choose 
recommenders who know you well and can provide detailed examples of your 
capabilities, such as professors, supervisors, or mentors you’ve worked closely with. 
Learn more about requesting a letter of recommendation.
•  Share with recommenders your résumé, draft personal statement, and context 
about your goals
• Be clear about deadlines and express appreciation for their time and support
Your Guide to Navigating the 
Law School Admissions Process
Jennifer Bancamper  •  Published  September 2, 2025
Applying to law school can feel 
overwhelming when you don’t 
know where to start, but once 
you understand what admissions 
committees are looking for 
and how each part of your 
application works together, you 
can approach it with confidence. 
While the process can be 
intense, it is also an opportunity 
to reflect on your journey, define 
your goals, and present the best 
version of yourself.
WE ARE NEW YORK’S LAW SCHOOL
Find more NYLS stories at news.nyls.edu.
Understanding the Credential Assembly Service (CAS) Report
Most U.S. law schools use the Credential Assembly Service (CAS) to streamline the 
application process. Your CAS report typically includes:
• Academic transcripts
• LSAT scores
• Letters of recommendation
• Writing samples
Be sure to confirm your report is complete and accurate before submitting your 
applications, as errors or missing materials can cause delays.
Navigating Financial Aid and Budgeting
Law school is a significant financial investment, so planning ahead is essential. 
Beyond tuition and fees, account for housing, books, transportation, and any bar 
exam prep costs.
• Explore scholarships, grants, federal and private loans, and work-study programs
• Build a small savings fund before starting school
Admissions decisions are not based on any single factor. Many law schools, including 
NYLS, take a holistic approach, weighing metrics like GPA and LSAT scores alongside 
qualitative components like personal statements and recommendation letters. 
Prospective law students can get a first-hand look at the internal process via the final 
installment of the “Navigating the Admissions Process” series, in which the NYLS 
committee reviews sample applications and demonstrates how they make admission 
decisions.
For a preview of the series, check out the “Navigating the Admissions Process” 
playlist on the NYLS YouTube channel, and be sure to keep track of NYLS Admissions 
Events for any series installments happening soon. And for more information on how 
you can join the NYLS community, you can request information directly from the 
NYLS committee.
Best of luck as you prepare your law school applications.


Your Guide to Navigating the Law School Admissions Process

November 17, 2003, 1 photo CD Photographer: Rick Kopstein
Faculty Book Party | Professors Michael Sinclair, Jethro Lieberman, Randolph Jonakait, Michael Perlin, Peter Strauss, Richard Bernstein, Rudolph Peritz, Edward Purcell, Lawrence Grosberg, Carol Buckler, Mariana Hogan, Steven Ellmann, James Brook. Deans Richard Matasar and Harry Wellington     Sheet 694B, Photo Box 5https://digitalcommons.nyls.edu/photos_fac_scholarship/1043/thumbnail.jp

Faculty Book Party | November 2003

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Gillingham, Allison

New Instructional Film Helps Lawyers and Law Students Strengthen Mediation Advocacy Skills

Technology has not only permeated our lives, but our government, as well. Foreign tech companies control the systems that allow government employees to communicate and store the personal data of Canadians. Now, an increasing number of decisions are being placed in the hands of opaque AI models. In a new series, international trade lawyer Barry Appleton explores how Ottawa’s lack of control over its IT infrastructure is eroding Canada’s digital sovereignty