Harvey Silverglate | |
---|---|
Born | May 10, 1942 82) (age New York City, U.S. |
Education | Princeton University (BA) Harvard University (JD) |
Occupation | Attorney |
Organization | Foundation for Individual Rights and Expression (FIRE) |
Spouse |
Harvey Allen Silverglate (born May 10, 1942) is an American attorney, journalist, writer, and a co-founder of the Foundation for Individual Rights and Expression (FIRE).
Silverglate was a member of the board of the Massachusetts chapter of the American Civil Liberties Union and also taught at Harvard Law School, the University of Massachusetts Boston, and at the Cambridge Rindge and Latin School. [1]
He is an attorney in Cambridge, Massachusetts. He practices in academic freedom, civil liberties, criminal defense, and students' rights cases. He co-founded FIRE with Alan Charles Kors. [2]
Born in New York City, Silverglate graduated in 1960 from Bogota High School in Bogota, New Jersey. He holds degrees from Princeton University (cum laude, 1964) and Harvard Law School (1967). [3] He is a practicing attorney, specializing in civil liberties litigation, criminal defense, academic freedom, and students' rights cases. He is counsel to the Boston-based law firm Zalkind Duncan & Bernstein.
Among his more prominent clients is John Eastman, a fellow attorney controversial for his service to Donald Trump. [4] [5]
In addition to his law practice, Silverglate is also a journalist and writer. He was a columnist for the Boston Phoenix , writing on politics, law, and civil liberties. [6] He also wrote a regular column for Forbes.com, and has written columns and op-eds for the Wall Street Journal , the Boston Globe , the Los Angeles Times , the National Law Journal , Reason magazine, Massachusetts Lawyers Weekly, and other publications. [1] He authored two books, The Shadow University: The Betrayal of Liberty on America's Campuses (co-authored with Alan Kors) and Three Felonies a Day, which details the extension of vague federal criminal laws into daily conduct that would not be readily seen as criminal.
Silverglate was a featured speaker at a rally by Demand Progress in memory of Aaron Swartz [7] and wrote an op-ed for Massachusetts Lawyers Weekly about Swartz's prosecution by the U.S. Attorney's Office. Lawyers familiar with the case told him the Middlesex County District Attorney's plan had been to resolve Swartz's case by having it "...continued without a finding, with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner." [8] [9] As he explained to CNET's Declan McCullagh
Under such a disposition, the charge is held in abeyance ("continued") without any verdict ("without a finding"). The defendant is on probation for a period of a few months up to maybe a couple of years at the most; if the defendant does not get into further legal trouble, the charge is dismissed, and the defendant has no criminal record. This is what the lawyers expected to happen when Swartz was arrested. [8]
"Tragedy intervened", Silverglate wrote in Massachusetts Lawyers Weekly, "when [United States Attorney Carmen] Ortiz's office took over the case to 'send a message". [9]
Harvey sat on the board of visitors at Ralston College, a new liberal arts college in Savannah, Georgia. Harvey publicly broke with the college and resigned from the board, decrying the unaccredited college as "antithetical to the whole concept of a liberal arts institution." [10] [ clarification needed ]
Silverglate was a candidate in the 2009 Harvard Board of Overseers elections. After collecting 315 signatures from Harvard alumni, he was nominated as a petition candidate in early February 2009. His platform [11] focused on reforming the student disciplinary board, eliminating speech codes, and restoring the student voice in university outreach efforts. His campaign had been covered in The Boston Globe [12] and the Harvard Law Record , [13] and he made an appearance on Greater Boston with Emily Rooney. [14] Election results were announced at commencement, June 4, 2009, and Silverglate finished in eighth place, with 11,700 votes, 1,600 short of winning a seat. [15]
Silverglate was married to the portrait photographer Elsa Dorfman, who died on May 30, 2020. [16] [17] Their son Isaac lives in New York City. [1]
Ann Fagan Ginger is an American lawyer, teacher, writer, and political activist. She is the founder and Executive Director Emerita of the Meiklejohn Civil Liberties Institute in Berkeley, California.
Thomas Michael "Tom" Finneran, is a radio talk host and former Massachusetts Democratic politician who served as Speaker of the Massachusetts House of Representatives from April 1996 to September 2004. He represented the district that included parts of the Boston neighborhoods of Dorchester, Mattapan and Hyde Park as well as parts of the town of Milton for 26 years.
Bruce Robert Jacob is a former Assistant Attorney General for the State of Florida during the early 1960s. He represented Louie L. Wainwright, the Director of the Florida Division of Corrections, in the Supreme Court case of Gideon v. Wainwright, decided in March 1963, regarding the right to counsel of indigent defendants in non-capital felony cases in state courts. The attorney representing the Petitioner, Clarence Gideon, was Abe Fortas, a Washington, D.C. lawyer who later became a Justice of the Supreme Court. The previous 1942 Supreme Court case of Betts v. Brady required the appointment of counsel for an indigent defendant at state expense if there was a “special circumstance” present in the case which made it necessary for counsel to be provided for the defendant to receive a fair trial. For example, if the defendant was indigent and was extremely young, or lacked education or experience, was unfamiliar with court procedures, or if the charges against him were complex, the trial court was required under the Due Process Clause of the Fourteenth Amendment to appoint counsel. Jacob argued against any extension of the defendant's right to counsel. The Court in Gideon overruled Betts and required state courts to appoint attorneys for defendants in all felony prosecutions.
Elsa B. Dorfman was an American portrait photographer. She worked in Cambridge, Massachusetts, and was known for her use of a large-format instant Polaroid camera.
Susan Estrich is an American lawyer, professor, author, political operative, and political commentator. She is known for serving as the campaign manager for Michael Dukakis in 1988 and for serving in 2016 as legal counsel to the former Fox News chairman Roger Ailes.
Charles James Ogletree Jr. was an American legal scholar who served as the Jesse Climenko Professor at Harvard Law School, where he was the founder of the school's Charles Hamilton Houston Institute for Race and Justice. He was also the author of books on legal topics.
Zechariah Chafee Jr. was an American judicial philosopher and civil rights advocate, described as "possibly the most important First Amendment scholar of the first half of the twentieth century" by Richard Primus. Chafee's avid defense of freedom of speech led to Senator Joseph McCarthy calling him "dangerous" to America.
Paul Julian Liacos was the chief justice of the Massachusetts Supreme Judicial Court from 1989 to 1996.
Nancy Gertner is a former United States district judge of the United States District Court for the District of Massachusetts. She assumed senior status on May 22, 2011, and retired outright from the federal bench on September 1, 2011. She is now a professor of practice at Harvard Law School.
William F. Lee is an American intellectual property and commercial litigation trial attorney. As co-managing partner of WilmerHale, Lee was the first Asian-American to lead a major American law firm. He is also a Senior Fellow of the Harvard Corporation, the governing board of Harvard University.
Ronald S. Sullivan Jr. is a law professor at Harvard Law School. Sullivan graduated Phi Beta Kappa from Morehouse College in 1989 and received his Juris Doctor from Harvard Law School in 1994. Prior to joining the Harvard Law School faculty, Sullivan served as the director of the Public Defender Service for the District of Columbia.
Henry Gordon Wells was a lawyer and a Republican politician in Massachusetts and New Hampshire.
Denise Jefferson Casper is an American attorney serving as a United States district judge of the United States District Court for the District of Massachusetts. She used to be the Deputy District Attorney for the Middlesex District Attorney's Office in Cambridge, Massachusetts. Casper is the first black female judge to serve on the federal bench in Massachusetts. Casper is also notable for presiding over the criminal trial of Whitey Bulger.
Dermot James Meagher was an American lawyer and former judge of the Boston Municipal Court. Meagher was the first openly gay judge appointed in Massachusetts.
Marsha V. Kazarosian is an American attorney in Haverhill, Massachusetts notable for handling high-profile cases in the New England area. Her handling of a gender discrimination case involving a country club brought her national recognition. She represented one of the teenaged defendants in the 1990 murder of a young husband by his wife Pamela Smart, who conspired with her teenaged lover to murder her husband for insurance money; the story became the basis of the movie To Die For starring Nicole Kidman, and the television movie Murder in New Hampshire starring Helen Hunt. Her legal skill was the subject of a cover story entitled The Power of Marsha Kazarosian in a publication geared to the legal community.
In United States of America v. Aaron Swartz, Aaron Swartz, an American computer programmer, writer, political organizer and Internet activist, was prosecuted for multiple violations of the Computer Fraud and Abuse Act of 1986 (CFAA), after downloading academic journal articles through the MIT computer network from a source (JSTOR) for which he had an account as a Harvard research fellow. Federal prosecutors eventually charged him with two counts of wire fraud and eleven violations of the Computer Fraud and Abuse Act, charges carrying a cumulative maximum penalty of $1 million in fines plus 35 years in prison, asset forfeiture, restitution and supervised release. Facing trial and the possibility of imprisonment, Swartz committed suicide, and the case was consequently dismissed.
Carmen Milagros Ortiz is an attorney, college instructor, and former United States Attorney for the District of Massachusetts.
Stephen P. Heymann is an attorney who formerly served as an Assistant U.S. Attorney for the District of Massachusetts. He is no longer with the U.S. Attorney's office. He headed U.S. Attorney Carmen Ortiz's Internet and Computer Crimes Unit.
Frank M. Gaziano is an associate justice of the Massachusetts Supreme Judicial Court.
Donald Cotesworth Gellers, also known by his Jewish name Tuvia Ben-Shmuel Yosef, was an American lawyer. In the 1960s he lived in Eastport, Maine, where he represented members of the Passamaquoddy tribe in court and advocated for their civil rights. In 1968 he filed a land claim suit on the tribe's behalf. Immediately after filing the suit he was charged with constructive possession of six marijuana cigarettes. He was convicted on a felony charge and sentenced to prison. After an unsuccessful appeal process, he moved to Israel without serving his sentence. He returned to the United States in 1980 and practiced as a rabbi until his death. In 2020 he was granted a posthumous pardon by the state of Maine.