FW: Jewish Champions of First Amendment

Anuj Desai acdesai at wisc.edu
Mon Sep 11 15:28:30 PDT 2006


I would like to second Chip Lupu's thoughts on Leonard Boudin who - whatever
one might think about his clients ... or his son or daughter - was among the
finest appellate lawyers in the country.  As I noted in an e-mail to Fred
Shapiro (see below), he won (unanimously) the first case in which the
Supreme Court invalidated a *federal* statute under the Free Speech Clause.
Whether his representation of many communists disqualifies him from a list
of "champions" of the 1A, I leave to others to debate.

-Anuj

-----Original Message-----
From: Lupu [mailto:iclupu at law.gwu.edu] 
Sent: Monday, September 11, 2006 4:15 PM
To: Anuj Desai
Subject: RE: Jewish Champions of First Amendment


Anuj:

Thank you for reinforcing my judgment and amplifying my remarks  
about this. I encourage you to post this comment to the list as well as 
to Fred Shapiro and me.

Chip Lupu

On 11 Sep 2006 at 15:59, Anuj Desai wrote:

> Yes, that has got to be right if you want to include lawyers among 
> your list.  Boudin's client list was among the most prominent of the 
> twentieth century and included Fidel Castro, Benjamin Spock, Daniel 
> Ellsberg (who probably also ought to be on the list of "Jewish 
> Champions of First Amendment," no?), Paul Robeson, famed Cold War spy 
> Judith Coplon (in a 1950 case in which the Second Circuit presaged the 
> Supreme Court's eventual holding in Katz v. United States), more 
> witnesses before HUAC than any other lawyer in the country, and, as 
> you mention, perhaps most tragically, briefly for his own daughter 
> Kathy.
> 
> Specifically on the First Amendment, he also argued (and won
> unanimously) the very first case in which the Court invalidated a 
> federal statute under the Free Speech Clause, Lamont v. Postmaster 
> General, a 1965 case that was subject to some discussion on the list a 
> week or so back.  If the person seeking the list wants, there is a 
> good deal of discussion of Boudin in SUSAN BRAUDY, FAMILY CIRCLE: THE 
> BOUDINS AND THE ARISTOCRACY OF THE LEFT (2003) and Paul Wilkes, The 
> Left's Lawyer's Lawyer: A Profile of Leonard Boudin, N.Y. TIMES MAG.., 
> Nov. 17, 1971, at 38.
> 
> Regards, Anuj
> 
> Anuj C. Desai
> Assistant Professor
> University of Wisconsin Law School
> 975 Bascom Mall
> Madison, WI 53706
> 608-263-7605
> acdesai at wisc.edu
> www.anujdesai.org
> http://ssrn.com/author=337441
> 
> 
> > -----Original Message-----
> > From: Lupu [mailto:iclupu at law.gwu.edu]
> > Sent: Monday, September 11, 2006 11:32 AM
> > To: Fred Shapiro; conlawprof at lists.ucla.edu; Michael McConnell
> > Subject: RE: Jewish Champions of First Amendment
> > 
> > 
> > Another one on this list has to be Leonard Boudin, an ardent and 
> > very able civil liberties lawyer from New York City.  Boudin (whose 
> > son Michael is a judge on the U.S. Court of Appeals for the First 
> > Circuit, and whose daughter Kathy was part of the Weather
> > Underground) represented many labor leaders and others being 
> > investigated for Communist sympathies during the McCarthy era.  He 
> > also argued in the Supreme Court on one or more of the 1971 cases 
> > involving political inquiries made to candidates for admission to 
> > the Bar (Baird v. Arizona; In re Stolar).  Leonard held a set of 
> > socialist views of the appopriate role of the state in the economy, 
> > but there was no doubt that Leonard was deeply committed to the 
> > ideals of free speech.  (I had Leonard as a seminar teacher at 
> > Harvard in 1970-71, when he was a "visitor from practice.")
> > 
> > On 11 Sep 2006 at 9:45, Michael McConnell wrote:
> > 
> > > Number One on the list has to be Jonas Phillips.
> > > 
> > > -- Michael McConnell
> > > 
> > > -----Original Message-----
> > > From: conlawprof-bounces at lists.ucla.edu
> > > [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Fred
> > > Shapiro Sent: Sunday, September 10, 2006 10:11 AM To:
> > > conlawprof at lists.ucla.edu Subject: Jewish Champions of 
> > First Amendment
> > > 
> > > 
> > > Someone has asked me for help in compiling a list of
> > "Jewish champions
> > > of the First Amendment."  Can anyone suggest the names of judges, 
> > > attorneys, academics, or litigants who were Jewish and who were 
> > > notable in supporting the First Amendment?
> > > 
> > > The names we have so far are: Morris Ernst, Floyd Abrams, Harriet 
> > > Pilpel, Louis Brandeis, Paul Cohen, Daniel Ellsberg, Aryeh
> > Neier, Alan
> > > Dershowitz, Harry Kalven (not sure he was Jewish), Leonard
> > Levy, Nat
> > > Hentoff.  I am sure there are dozens of other names that could be 
> > > added, but am trying to focus on the more major ones.
> > > 
> > > Fred Shapiro
> > > 
> > > 
> > > 
> > --------------------------------------------------------------------
> > --
> > > -- -- Fred R. Shapiro                             Editor Associate
> > > Librarian for Collections and     YALE BOOK OF QUOTATIONS
> > >    Access and Lecturer in Legal Research     Yale University
> > >    Press,
> > > Yale Law School                             forthcoming e-mail:
> > > fred.shapiro at yale.edu http://quotationdictionary.com
> > > 
> > --------------------------------------------------------------------
> > --
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> > 
> > 
> > Ira C. ("Chip") Lupu
> > F. Elwood & Eleanor Davis Professor of Law
> > The George Washington University Law School 
> > 2000 H St., NW
> > Washington D.C 20052
> > 
> > (202) 994-7053
> > 
> > ICLUPU at main.nlc.gwu.edu
> > ICLUPU at law.gwu.edu
> > 
> > 
> > 
> > 
> 
> 



Ira C. ("Chip") Lupu
F. Elwood & Eleanor Davis Professor of Law 
The George Washington University Law School 
2000 H St., NW
Washington D.C 20052

(202) 994-7053

ICLUPU at main.nlc.gwu.edu
ICLUPU at law.gwu.edu






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