FW: Jewish Champions of First Amendment

Mon Sep 11 15:51:04 PDT 2006

I don't think there's anything wrong with representation of communists, 
and lawyers who did so could potentially be champions of free speech..  
The same is true of representation of KKK members in some free speech 
cases (e.g. in Brandenburg). On the other hand, actually being a 
committed Communist Party or KKK member does indeed disqualify you from 
being considered a free speech advocate. I leave aside cases where the 
person in question had left the CPUSA or KKK and repudiated it, as Hugo 
Black did, for example.

Anuj Desai wrote:

>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
>>>>
>>>>        
>>>>
>>>--------------------------------------------------------------------
>>>--
>>>      
>>>
>>>>-- -- _______________________________________________ To post, 
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>>>>
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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
>
>
>
>
>_______________________________________________
>To post, send message to Conlawprof at lists.ucla.edu
>To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>
>Please note that messages sent to this large list cannot be viewed as private.  Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
>  
>

-- 
Ilya Somin
Assistant Professor of Law
George Mason University School of Law
3301 N. Fairfax Dr.
Arlington, VA 22201
ph: 703-993-8069
fax: 703-993-8202
e-mail: isomin at gmu.edu
Website: http://mason.gmu.edu/~isomin/

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