School of Law

You are here:

Patrick M. Garry

Awards
Books by the Professor
Book Chapters
Scholarly Articles
Empirical Research Articles
Reference Book Contributions
Other Publications

Patrick M. Garry has a J.D. and a Ph.D. in Constitutional History from the University of Minnesota.  Before joining the faculty at the University of South Dakota School of Law, Professor Garry was a research scholar at the Freedom Forum Media Studies Center and a visiting scholar at Columbia University Law School. He also served as a legal advisor to the Silha Center for Media Law and Ethics at the University of Minnesota. In addition to being a professor of law, Garry is Director of both the Hagemann Center for Legal & Public Policy Research and the Hagemann Center Press. He also serves as a Legal Studies Expert for the American Action Forum.  

Garry is a contributor to The Oxford Companion to the United States Supreme Court, The Encyclopedia of the U.S. Supreme Court, The Oxford Companion to U.S. History, The Encyclopedia of the First Amendment, The Encyclopedia of the Fourth Amendment, and has published ten books. His first book was named to the Distinguished Studies in American Legal and Constitutional History. His subsequent books have been reviewed in such publications as the Harvard Law Review, The Times Literary Supplement, National Journal, Political Science Quarterly, Booklist and The New Yorker. 

Professor Garry's study of Justice Oliver Wendell Holmes appears in Great Justices of the US Supreme Court.  His scholarly articles have been published in the Wake Forest Law Review, Florida Law Review, Alabama Law Review, BYU Law Review, Utah Law Review, University of Pittsburgh Law Review, SMU Law Review, Temple Law Review, Missouri Law Review, University of Miami Law Review, Kentucky Law Journal, Arizona State Law Journal, and Pepperdine Law Review, some of which have been reprinted in various reference and scholarly books, including the First Amendment Law Handbook.  

Professor Garry has also written for such popular audience periodicals as the (Minneapolis) Star Tribune, Omaha World-Herald, Commonweal, Chicago Tribune, Cincinnati Post, Washington Times, Indianapolis News, Journal of Law and Politics, and Chicago Tribune Magazine. He has been interviewed on CBS News, MSNBC, San Diego Union Tribune, National Review On-line, and dozens of other radio and television programs.  

Professor Garry has served as legal advisor to the Minnesota News Council and has been an invited visiting professor at the University of Utah Law School, University of Missouri School of Law, and George Washington University Law School. He has also been invited on numerous occasions to testify before Congress on legal and constitutional law issues, and has been a guest lecturer at more than 70 law schools and universities. While at the University of South Dakota, Garry has held joint appointments with the University of South Dakota School of Law and the College of Arts and Sciences.

 Books Authored by the Professor

    • Non-Fiction
  • Book Chapters
    • Pleasant Grove City v. Summum: The Supreme Court Finds a Public Display of Ten Commandments to be Permissible Government Speech in THE SUPREME COURT REVIEW (Cato Institute, 2009).
    • Anonymous Sources and Libel Law in THE FIRST AMENDMENT LAW HANDBOOK (2007).
    • Campus Speech Codes Violate Free Speech in CENSORSHIP: OPPOSING VIEWPOINTS (Greenhaven Press, 1997).
    • Oliver Wendell Holmes and the Democratic Foundations of the First Amendment in GREAT JUSTICES OF THE U.S. SUPREME COURT (Peter Lang Press, 1993).
    • The Right to Reject in THE FIRST AMENDMENT LAW HANDBOOK (2006). 
  • Scholarly Articles
    • An Equal Protection View of the First Amendment, 28 QUINNIPIAC LAW REVIEW 787 (2010) (lead article).
    • Assessing the Constitutional Autonomy of Such Non-State Institutions as the Press and Acadamia, 2010 UTAH LAW REVIEW 141 (2010) (forthcoming) (invited Symposium article).
    • Liberty Through Limits: The Bill of Rights as Limited Government Provisions, 62 SMU LAW REVIEW (1745)  2009.
    • Re-evaluating Media Regulation in a Media Environment of Nearly Unlimited Entertainment Programming and Ample Alternative Channels of Communication. 22 REGENT LAW REVIEW 347 (2010) (invited symposium articles).
    • The Internet and the Captive Audience Doctrine, 2007 BRIGHAM YOUNG UNIVERSITY LAW REVIEW 1595 (2008) (invited symposium article) (listed as an SSRN Top-Ten downloaded article in relevant category) (reprinted in Online Child Protection (ICFAI Law Books) and in Internet Pornography – Legal Issues (Amicus Books)).
    • Diversity as a Compelling Interest for Racial Preferences in Higher Education, 35 PEPPERDINE LAW REVIEW 649 (2008) (invited symposium article).
    • The First Amendment and Non-Political Speech: Exploring a Constitutional Model That Focuses on the Existence of Alternative Channels of Communication, 72 MISSOURI LAW REVIEW 477 (2007). 
    • Accommodating the Administrative State:  The Interrelationship Between the Chevron and Nondelegation Doctrines, 38 ARIZONA STATE LAW JOURNAL 921 (2007). 
    • The Constitutional Relevance of the Employer-Sovereign Distinction: Examining the Due Process Rights of Government Employees in Light of Recent Developments in the Public Sector Speech Doctrine, 81 ST. JOHN'S LAW REVIEW 797 (2007), reprinted in Due Process-Legal Dynamics (Amicus Books, 2008).
    • The Democratic Aspect of the Establishment Clause: A Refutation of the Argument that the Clause Serves to Protect Religious or Nonreligious Minorities, 59 MERCER LAW REVIEW 595 (2008).
    • Coordinating the Exercise and Establishment Clauses: A Constitutional Test for Government Funding of Prisoner Rehabilitation Services by Non-secular Providers, 5 AVE MARIA LAW REVIEW 387 (2007) (invited symposium article) (reprinted in Prison Reforms: A Legal Perspective (Amicus Law Books)).
    • A Different Model for the Constitutional Right to Privacy:  The Political Question Doctrine as a Substitute for Substantive Due Process, 61 UNIV. OF MIAMI LAW REVIEW 169 (2006) (reprinted in Anita Allen, Privacy Law and Society (Thomson/West), and in Due Process of Law – An Overview (Amicus Books)).
    • Liberty From On High: The Growing Reliance on a Centralized Judiciary to Protect Individual Liberty, 95 KENTUCKY LAW JOURNAL 385 (2006) (listed in SSRN Top-Ten Downloaded articles).
    • The Unannounced Revolution: How the Court Has Indirectly Effected a Shift in the Separation of Powers, 57 ALABAMA LAW REVIEW 689 (2006). 
    • Judicial Review and the Hard Look Doctrine, 7 NEVADA LAW REVIEW 151 (2007).
    • Where Speech Loses Its Lustre: Campaign Finance Laws and the Downgrading of Political Speech in Comparison with Indecent Speech, 12 NEXUS LAW JOURNAL 83 (2007) (invited symposium article).
    • The Constitutional Lynchpin of Liberty In an Age of New Federalism:  Replacing Substantive Due Process with the Right to Travel, 45 BRANDEIS LAW JOURNAL 469 (2006).
    • A Congressional Attempt to Alleviate the Uncertainty of the Court's Establishment Clause Jurisprudence: The Public Expression of Religion Act, 37 CUMBERLAND LAW REVIEW 1 (2006).
    • A One-Sided Federalism Revolution: The Unaddressed Constitutional Compromise on Federalism and Individual Rights, 36 SETON HALL LAW REVIEW 851 (2006). 
    • An Ideological Turning Point, MODERN AGE: A QUARTERLY REVIEW (Winter, 2007) (listed and abstracted in INTERNATIONAL POLITICAL SCIENCE ABSTRACTS). 
    • Federalism's Battle with History: The Inaccurate Associations With Unpopular Politics, 74 UMKC LAW REVIEW 365 (2006). 
    • Anonymous Sources, Libel Law and the First Amendment, 78 TEMPLE LAW REVIEW 579 (2005) (reprinted in Defamation (ICFAI Books)) (listed as an SSRN Top-Ten Downloaded article).
    • Law and Religion in Modern Culture, MODERN AGE: A QUARTERLY REVIEW (Summer 2005).
    • Religious Freedom Demands More Than Neutrality: The Constitutional Argument for Nonpreferential Aid to Religion, 57 FLORIDA LAW REVIEW 1 (2005) (lead article) (reprinted in Freedom of Religion and Secularism (ICFAI Law Books, forthcoming) (featured on University of Montana's The Scholarship of the Original Understanding of the Constitution) (listed as an SSRN Top-Ten Downloaded article).
    • An Inequality Among Equals: Disparities in the Judicial Treatment of Free Speech and Religious Exercise Claims, 39 WAKE FOREST LAW REVIEW 361 (2004).
    • The Institutional Side of Religious Liberty: A New Model of the Establishment Clause, 2004 UTAH LAW REVIEW 1155 (Vol. 2004).
    • The Right to Reject: The First Amendment in a Media-Drenched Society, 42 SAN DIEGO LAW REVIEW 129 (2005).
    • The Distorted Uses of the First Amendment, 10 NEXUS LAW JOURNAL 83 (2005) (invited symposium article).
    • Confronting the Changed Circumstances of Free Speech in a Media Society, 33 CAPITAL UNIVERSITY LAW REVIEW 551 (2005).
    • The Next Step in the Diversity Rationale, 82 DENVER UNIVERSITY LAW REVIEW 1 (2005).
    • The Myth of Separation: Church-State Relations in the U.S., 33 HOFSTRA LAW REVIEW 475 (2005) (listed as an SSRN Top-Ten Downloaded article).
    • The Flip Side of the First Amendment: A Freedom to Filter, 2004 MICHIGAN STATE UNIV. LAW REVIEW 57 (2004).
    • The First Amendment in a Time of Media Proliferation, 65 UNIV. OF PITTSBURGH LAW REVIEW 183 (2004).
    • Defining Speech in an Information Age: The Case of First Amendment Protection for Video Games, 57 SOUTHERN METHODIST UNIV. LAW REVIEW 139 (2004).
    • Censorship by the Free-Speech Generation, NATIONAL FORUM (Spring 1995) (invited article).
    • Churches and Courts: The First Amendment and Clergy Lawsuits, 9 JOURNAL OF LAW AND RELIGION 179 (1991).
    • The Trouble with Confidential Sources: A Criticism of the Supreme Court's Interest?Group View of the First Amendment in Cohen v. Cowles Media Company, 14 HASTINGS COMMUNICATION AND ENTERTAINMENT LAW JOURNAL 403 (1992).
    • Opening Up the Marketplace to Free Trade in Ideas, 14 LAW AND SOCIAL INQUIRY 415 (1989) (with Paul Murphy). 
    • The Emerging Legal Relationship Between an Investment Banker and Its Client: An Argument for a Fiduciary Relationship, 12 HAMLINE LAW REVIEW (1988), reprinted in 32 CORPORATE PRACTICE COMMENTATOR (1990) (with Pat McDavitt).
    • That Venerable (or is it Vulnerable?) Institution: The Supreme Court, 17 REVIEWS IN AMERICAN HISTORY 631 (1989) (with Paul Murphy). 
    • The First Amendment and Freedom of the Press: A Revised Approach to the Marketplace of Ideas, 72 MARQUETTE LAW REVIEW 187 (1989). 
    • The Press and the Dilemma of the Fourth Estate, 22 LAW AND SOCIETY REVIEW 1043 (1988) (with Paul Murphy). 
    • The Relationship Between Employment Agreements and Trade Secret Litigation, 11 WILLIAM MITCHELL LAW REVIEW 501 (1985).

  • Empirical Research Articles
    • Federalism Implications of Campaign Financing Practices: A Case Study of the South Dakota Referndum on Abortion, 54 SOUTH DAKOTA LAW REVIEW 36 (2010) (lead author) (listed as an SSRN Top-Ten downloaded article).
    • The First Amendment and Indian Tribal Constitutions and Legal Systems: A Case Study, 53 SOUTH DAKOTA LAW REVIEW 335 (2008) (lead author) (listed as a SSRN Top-Ten downloaded article in relevant category)(reprinted in Tribal Rights: A Praxis (ICFAI Books, 2010)).
    • Does Filtering Stop the Flow of Valuable Information?: A Case Study of the Children's Internet Protection Act (CIPA) in South Dakota, 54 SOUTH DAKOTA LAW REVIEW 89 (2009) (with Candice Spurlin) (reprinted in Internet Censorship (ICFAI Law Books)) (listed as SSRN Top-Ten downloaded article in relevant category).
    • Wind Energy in Indian Country: A Study on the Challenges and Opportunities Facing the South Dakota Tribes, 54 SOUTH DAKOTA LAW REVIEW 448 (2009) (with Derek Nelson and Candice Spurlin) (listed as an SSRN Top-Ten Downloaded article). 
    • The Effectiveness of Media Ratings Systems in Preventing Children's Exposure to Violent and Sexually Explicit Media Content: An Empirical Study, 32 OKLAHOMA CITY UNIVERSITY LAW REVIEW 215 (2007) (with Candice Spurlin) (selected for inclusion in University of La Verne's Selective Bibliographic Index of Juvenile Law Publications).
    • The Challenges to Harmonization of Inter-jurisdictional Trade Laws, 51 SOUTH DAKOTA LAW REVIEW 256 (2006) (with Candice Spurlin).
    • The Irrationality of Shareholder Class Actions: A Proposal for Reform, 49 SOUTH DAKOTA LAW REVIEW (2004) (lead author) (listed as an SSRN Top-Ten downloaded article in relevant category).

  • Reference Book Contributions
    • The Antifederalists, appearing in THE ENCYCLOPEDIA OF THE FOURTH AMENDMENT (forthcoming from Congressional Quarterly Press).
    • Bowers v. Hardwick, appearing in THE ENCYCLOPEDIA OF THE FOURTH AMENDMENT.
    • Carolene Products Footnote Four, appearing in THE ENCYCLOPEDIA OF THE FOURTH AMENDMENT.
    • Bartnicki v. Vopper, appearing in THE ENCYCLOPEDIA OF THE FOURTH AMENDMENT.
    • Samuel Adams, appearing in THE ENCYCLOPEDIA OF THE FOURTH AMENDMENT.
    • Zurcher v. Stanford Daily, appearing in THE ENCYCLOPEDIA OF THE FOURTH AMENDMENT.
    • The Red Scare, appearing in THE ENCYCLOPEDIA OF THE FOURTH AMENDMENT.
    • Ashcroft v. Free Speech Coalition, appearing in the ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (Thomson/Gale 2008).
    • O'Hare Truck Service v. City of Northlake appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (Thomson/Gale).
    • Agostini v. Felton, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • Aguillar v. Felton, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • FCC v. Pacifica Foundation, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • Lemon v. Kurtzman, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • National League of Cities v. Usery, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • Branzburg v. Hayes, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • Widmar v. Vincent, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • Lynch v. Donnelly, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • Rosenberger v. Rector and Visitors of the University of Virginia, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • Motor Vehicle Manufacturers Assn. v. State Farm Mutual Automobile Ins. Co., appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • Board of Commissioners v. Umbehr, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • U.S. v. Playboy Entertainment Group Inc., appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • Reno v. ACLU, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • Cohen v. California, appearing in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES.
    • The Captive Audience Doctrine, appearing in THE ENCYCLOPEDIA OF THE FIRST AMENDMENT (Congressional Quarterly Press 2008). 
    • The Self-Government Rationale, appearing in THE ENCYCLOPEDIA OF THE FIRST AMENDMENT (Congressional Quarterly Press). 
    • Action for Children's Television v. FCC, appearing in THE ENCYCLOPEDIA OF THE FIRST AMENDMENT (Congressional Quarterly Press).
    • Heffron v. International Society for Krishna Consciousness, appearing in THE ENCYCLOPEDIA OF THE FIRST AMENDMENT (Congressional Quarterly Press).
    • Zechariah Chafee, appearing in THE ENCYCLOPEDIA OF THE FIRST AMENDMENT (Congressional Quarterly Press).
    • Video Games, appearing in THE ENCYCLOPEDIA OF THE FIRST AMENDMENT (Congressional Quarterly Press).
    • Cohen v. Cowles Media Co., appearing in THE ENCYCLOPEDIA OF THE FIRST AMENDMENT (Congressional Quarterly Press).
    • Miami Publishing Co. v. Tornillo, appearing in THE ENCYCLOPEDIA OF THE FIRST AMENDMENT (Congressional Quarterly Press). 
    • Randall v. Sorrell, appearing in THE ENCYCLOPEDIA OF THE FIRST AMENDMENT (Congressional Quarterly Press).
    • Rowan v. U.S. Post Office, appearing in THE ENCYCLOPEDIA OF THE FIRST AMENDMENT (Congressional Quarterly Press).
    • The History of Civil Liberties, appearing in THE OXFORD COMPANION TO U.S. HISTORY (Oxford University Press, 2001).
    • Prior Restraint and the Supreme Court, appearing in THE OXFORD COMPANION TO U.S. HISTORY (2001).
    • Schenck v. United States, appearing in THE OXFORD COMPANION TO U.S. HISTORY (2001).
    • The Sam Sheppard Trial, appearing in THE AMERICAN MIDWEST: AN INTERPRETIVE ENCYCLOPEDIA (Indiana University Press, 2007). 
    • The Free Speech Debate During WWI and the Search for National Identity, appearing in THE ENCYCLOPEDIA OF WORLD WAR I (Garland Publishing, Inc., 1995).
    • Prior Restraint, appearing in THE OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES (Oxford University Press, 1992).
    • Pretrial Publicity and the Gag Rule, appearing in THE OXFORD COMPANION TO THE SUPREME COURT (1992).
    • Nebraska Press Association v. Stuart and the Fourth Estate Model, appearing in THE OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES (1992).
    • The Legacy of Shephard v. Maxwell, appearing in THE OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES (1992).
    • The Commercial Speech Doctrine, appearing in THE OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES (1992).
    • Edwards v. California, appearing in THE OXFORD COMPANION TO THE SUPREME COURT OF THE UNITED STATES (1992). 
    • Contributing author, HISTORY OF THE U.S. DISTRICT COURT (West Publishing Co., 1988).

  • Book Reviews
    • Review of Joseph Viteritti, The Last Freedom (Princeton 2007), appearing in 24 JOURNAL OF LAW AND RELIGION 275 (2008).
    • Review of Ian MacMullen, Faith in Schools? Autonomy, Citizenship, and Religious Education in the Liberal State (Princeton 2007), appearing in 24 JOURNAL OF LAW AND RELIGION 269 (2008).
    • Review of Framed For Posterity: The Enduring Philosophy of the Constitution, appearing in THE JOURNAL OF AMERICAN HISTORY (Spring 1994).
    • Review of Congress Shall Make No Law: Oliver Wendell Holmes, the First Amendment, and Judicial Decision Making, appearing in JOURNAL OF CHURCH AND STATE (Summer 1990).
    • Review of Free Speech for Me – But Not for Thee and Revolutionary Sparks: Freedom of Expression in Modern America, appearing in 5 CONSTITUTION (Winter 1993) (with Paul Murphy).
    • Review of For God and Country: The American Legion, 1919-1941, appearing in THE ANNALS OF IOWA, Vol. 50, No. 8 (1991) (with Paul Murphy).
    • Review of Cass R. Sunstein, A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before (Princeton, 2009), appearing in 43 SUFFOLK LAW REVIEW 441 (2010).

  • Other Publications
    • Popular Audience Periodicals
      • Published essays and articles in many popular audience periodicals, including the Minneapolis Star Tribune, Chicago Tribune, Cincinnati Post, Commonweal, Washington Times, Union Leader, The Republic, Indianapolis News, Law & Politics, News-Globe, Insight Magazine, Omaha World-Herald, Daily Times, Free Lance-Star, The Gazette, Northwest Herald, Standard-Examiner, The Chicago Tribune Magazine, Corpus Christi Caller-Times, the News-Herald, and Renew America. 

    • Media Coverage and Citations
      • Cited or quoted in such mass media entities as The New Yorker, Times Literary Supplement, San Diego Union-Tribune, Sioux Falls Argus Leader, Sioux City Journal, National Catholic Register, Indianapolis Star, St. Paul Pioneer Press, National Journal, WNYC-FM, KSJN-FM, WFPL-FM,  WCCO-AM, KSTP-AM, KDLT-TV, KSGF-FM, WCWA, WWCR, MSNBC, 169 XM Radio, Information Radio Network, KWRE, WCBM, The Michael Dresser Show, KVON, WLQV, The Dennis Prager Show, CBS (network) News.

Patrick M. Garry

PatrickGarry Professor of Law

Director Hagemann Center for Legal and Public Policy Research