Does The First Amendment Protect Last Words?
July, 2010
hat is the question posed in a 2001 law review article by Kevin , Francis O'Neill, who was the lead counsel in a suit filed by the ACLU to prevent Ohio wardens from removing "offensive" language from the final statements of condemned prisoners. O'Neill notes that the Anglo-Saxon tradition of last words dates back to at least 1388; even accused witches and slaves were given the opportunity. Today, some states allow last words to be uttered only out of earshot of witnesses, while Texas g...
