Introduction : the anchoring common sense and the puzzles of the law -- On the novelties of an old constitution : settled principles and unsettling surprises -- The natural law--again, ever -- Lochner and the cast of our law -- The strange case of prior restraint : the Pentagon Papers -- Near revisited -- The saga of Frank Snepp and the new regime of previous restraints -- And yet ... a good word on behalf of the legal positivists -- Conclusion and afterword.