Marjorie Heins | |
|---|---|
 | |
| Born | 1946 |
| Nationality | American |
| Alma mater | Cornell University (B.A. Harvard Law School (J.D.) |
| Occupation | lawyer and writer |
| Organization | Free Expression Policy Project |
| Awards | Eli M. Oboler Award First Amendment Hero Luther McNair Award |
| Website | marjorieheins |
Marjorie Heins (b.1946 [1] ) is a First Amendment lawyer, writer and founder of the Free Expression Policy Project. [2]
Heins received a B.A., with distinction, from Cornell University in 1967. [2] She received her J.D. (magna cum laude) from Harvard Law School in 1978. She was admitted to the bar of Massachusetts in 1978 and New York in 1993. [3]
Heins started as a journalist in the 1970s in San Francisco on publications including the underground San Francisco Express Times. [4] She was also an anti-war activist during the Vietnam War. [5]
In the 1980s as staff counsel at the Massachusetts chapter of the American Civil Liberties Union (ACLU), Heins litigated numerous civil rights matters, including LGBT rights and free speech. One matter involved a litigation against Boston University for the discharge of the Dean of Students on the basis of her complaints about discrimination on the part of the university. [6] This story is told in Cutting the Mustard (1988). [7] Heins also investigated the Boston Police Department's treatment of the notorious Carol Stuart murder case, in which a white man murdered his wife but claimed to be a victim of a carjacking by an African American man. [2]
From 1989 to 1991, she served as editor-in-chief of the Massachusetts Law Review. In 1991–92, she was chief of the Civil Rights Division at the Massachusetts Attorney General's Office. [3] [8]
She founded and directed the Arts Censorship Project at the American Civil Liberties Union from 1991 to 1998, [8] during the years in which arts censorship were a particularly controversial and active field. During that time, she worked on a number of high-profile arts censorship matters. Heins was co-counsel on the ACLU's Reno v. ACLU brief to the U.S. Supreme Court, which ultimately led to striking the Communications Decency Act as an unconstitutional violation of the First Amendment. Heins was also co-counsel on Karen Finley's landmark lawsuit against the National Endowment for the Arts, National Endowment for the Arts v. Finley . [9] [10]
Heins has taught at Boston College Law School, Florida State University College of Law, the University of California-San Diego (UCSD), New York University (NYU), Tufts University, and the American University of Paris. [3]
At UCSD, she created courses in "Censorship, Culture and American Law" and "Political Repression and the Press: Red Scares in U.S. History and Law." At NYU, she taught "Censorship and American Culture." At the American University of Paris, she taught "Free Expression and the Media: Policy and Law." [3]
She was a fellow at NYU's Brennan Center for Justice, 2004–2007. [11] In 2011, she was a fellow at NYU's Frederic Ewen Academic Freedom Center while researching her book, Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge. [3] [11]
She is currently an adjunct professor in the Department of Media, Culture, and Communication of NYU's Steinhardt School of Culture, Education, and Human Development. [12]
Heins' litigation includes:
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation.
Reno v. American Civil Liberties Union, 521 U.S. 844 (1997), was a landmark decision of the Supreme Court of the United States unanimously ruling that anti-indecency provisions of the 1996 Communications Decency Act (CDA) violated the First Amendment's guarantee of freedom of speech. Two Justices concurred in part and dissented in part to the decision. This was the first major Supreme Court ruling on the regulation of materials distributed via the Internet.
The Foundation for Individual Rights and Expression (FIRE), formerly known as the Foundation for Individual Rights in Education, is a non-profit civil liberties group founded in 1999 with the aim of protecting free speech rights on college campuses in the United States. FIRE was renamed in June 2022, with its focus broadened to free speech rights across American society in general.
The Hugh M. Hefner First Amendment Award is an award created in honor of Playboy founder Hugh Hefner. The Hugh M. Hefner First Amendment Awards were established in 1979 to honor individuals who have made significant contributions in the vital effort to protect and enhance First Amendment rights for Americans. Since the inception of the awards, more than 100 individuals including high school students, lawyers, librarians, journalists and educators have been honored.
Judith Fingeret Krug was an American librarian, freedom of speech proponent, and critic of censorship. Krug became director of the Office for Intellectual Freedom at the American Library Association in 1967. In 1969, she joined the Freedom to Read Foundation as its executive director. Krug co-founded Banned Books Week in 1982.
Norman Dorsen was the Frederick I. and Grace A. Stokes Professor of Law and Co-Director of the Arthur Garfield Hays Civil Liberties Program at the New York University School of Law, where he specialized in Constitutional Law, Civil Liberties, and Comparative Constitutional Law. Previously, he was president of the American Civil Liberties Union, 1976–1991. He was also president of the Society of American Law Teachers, 1972–1973, and president of the U.S. Association of Constitutional Law in 2000.
Wendy Kaminer is an American lawyer and writer. She has written several books on contemporary social issues, including A Fearful Freedom: Women's Flight From Equality, about the conflict between egalitarian and protectionist feminism; I'm Dysfunctional, You're Dysfunctional: The Recovery Movement and Other Self-Help Fashions, about the self-help movement; and Sleeping with Extra-Terrestrials: The Rise of Irrationalism and Perils of Piety.
The National Coalition Against Censorship (NCAC), founded in 1974, is an alliance of 50 American non-profit organizations, including literary, artistic, religious, educational, professional, labor, and civil liberties groups. NCAC is a New York-based organization with official 501(c)(3) status in the United States. The coalition seeks to defend freedom of thought, inquiry, and expression from censorship and threats of censorship through education and outreach, and direct advocacy. NCAC assists individuals, community groups, and institutions with strategies and resources for resisting censorship and creating a climate hospitable to free expression. It also encourages the publicizing of cases of censorship and has a place to report instances of censorship on the organization's website. Their annual fundraiser is called the Free Speech Defender Awards. The main goal of the organization is to defend the first amendment, freedom of thought, inquiry, and expression. NCAC's website contains reports of censorship incidents, analysis and discussion of free expression issues, a database of legal cases in the arts, an archive of NCAC's quarterly newsletter, a blog, and Censorpedia, a crowdsourced wiki. In fiscal year 2017, the organization earned a 95.93% rating by Charity Navigator, an organization that assesses the efficacy of nonprofits.
David D. Cole is the National Legal Director of the American Civil Liberties Union (ACLU). Before joining the ACLU in July 2016, Cole was the Hon. George J. Mitchell Professor in Law and Public Policy at the Georgetown University Law Center from March 2014 through December 2016. He has published in various legal fields including constitutional law, national security, criminal justice, civil rights, and law and literature. Cole has litigated several significant First Amendment cases in the Supreme Court of the United States, as well a number of influential cases concerning civil rights and national security. He is also a legal correspondent to several mainstream media outlets and publications.
Robert Marchant O'Neil was an American lawyer and educator. A specialist in constitutional law, he served as president of the University of Virginia (1985-1990) and created the Thomas Jefferson Center for the Protection of Free Expression, whose director he became (1990-2010). During these years, O'Neil remained associated with the university's law school, where he taught courses in the First Amendment and the Arts, Speech and Press, Church and State, and Free Speech in Cyberspace.
The Free Expression Policy Project (FEPP) is an organization devoted to assisting researchers with assembling information related to freedom of speech, media democracy, and copyright, and advocating for these issues. Civil liberties lawyer Marjorie Heins founded the nonprofit organization in 2000. Based in Manhattan, New York, it was initially associated with the National Coalition Against Censorship, and subsequently operated as part of the Democracy Program of the Brennan Center for Justice at New York University Law School.
Susan N. Herman is an American constitutional law scholar and presided as president of the American Civil Liberties Union from October 2008 to January 2021. Herman has taught at Brooklyn Law School since 1980.
Beyond the First Amendment: The Politics of Free Speech and Pluralism is a book about freedom of speech and the First Amendment to the United States Constitution, written by author Samuel Peter Nelson. It was published by Johns Hopkins University Press in 2005. In it, Nelson discusses how the more general notion of free speech differs from that specifically applied to the First Amendment in American law.
National Endowment for the Arts v. Finley, 524 U.S. 569 (1998), was a United States Supreme Court case in which the Court ruled that the National Foundation on the Arts and Humanities Act, as amended in 1990,, was facially valid, as it neither inherently interfered with First Amendment rights nor violated constitutional vagueness principles. The act in question required the Chairperson of the National Endowment for the Arts (NEA) to ensure that "artistic excellence and artistic merit are the criteria by which [grant] applications are judged, taking into consideration general standards of decency and respect for the diverse beliefs and values of the American public". Justice O'Connor delivered the opinion of the Court.
Girls Lean Back Everywhere: The Law of Obscenity and the Assault on Genius is a book written by American lawyer, Edward de Grazia. It is a book chronicling the history of literary censorship in the United States and elsewhere.
Not in Front of the Children: "Indecency," Censorship, and the Innocence of Youth is a non-fiction book by attorney and civil libertarian, Marjorie Heins about freedom of speech and the relationship between censorship and the "think of the children" argument. The book presents a chronological history of censorship from Ancient Greece, Ancient Rome and the Middle Ages to the present. It discusses notable censored works, including Ulysses by James Joyce, Lady Chatterley's Lover by D. H. Lawrence and the seven dirty words monologue by comedian George Carlin. Heins discusses censorship aimed at youth in the United States through legislation including the Children's Internet Protection Act and the Communications Decency Act.
Sex, Sin, and Blasphemy: A Guide to America's Censorship Wars is a non-fiction book by lawyer and civil libertarian Marjorie Heins that is about freedom of speech and the censorship of works of art in the early 1990s by the U.S. government. The book was published in 1993 by The New Press. Heins provides an overview of the history of censorship, including the 1873 Comstock laws, and then moves on to more topical case studies of attempts at suppression of free expression.
Cutting the Mustard: Affirmative Action and the Nature of Excellence is a 1987 non-fiction book by civil libertarian and United States lawyer Marjorie Heins about the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and its relationship to affirmative action and sexism. Heins discusses the case of Nancy Richardson, dean of student affairs at the Boston University School of Theology, who was removed from her position by the school's administration in 1981. Heins represented Richardson in an unsuccessful lawsuit against Boston University for wrongful termination and sexism. Cutting the Mustard recounts the case, interspersing reflections on the lawsuit with a discussion of relevant case law, decisions by the Supreme Court of the United States related to affirmative action and multiple criticisms of contradictory court decisions in affirmative-action cases.
Thomas I. Emerson (1907–1991) was a 20th-century American attorney and professor of law. He is known as a "major architect of civil liberties law," "arguably the foremost First Amendment scholar of his generation," and "pillar of the Bill of Rights."
Deborah N. Archer is an American civil rights lawyer and law professor. She is the Jacob K. Javits Professor at New York University and professor of clinical law at New York University School of Law. She also directs the Center on Race, Inequality, and the Law and the Civil Rights Clinic at NYU School of Law. In January 2021, she was elected president of the American Civil Liberties Union, becoming the first African American to hold the position in the organization’s history.
| General | |
|---|---|
| National libraries | |
| Other | |
