Ephraim London
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Ephraim S. London (June 17, 1911 – June 12, 1990) was an American
attorney Attorney may refer to: * Lawyer ** Attorney at law, in some jurisdictions * Attorney, one who has power of attorney * ''The Attorney'', a 2013 South Korean film See also * Attorney general, the principal legal officer of (or advisor to) a gove ...
and
law professor A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
specializing in
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
who established a reputation as a defender of
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been ...
and
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
. He taught constitutional law at the
New York University School of Law New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in New ...
, his alma mater. He wrote ''The World of Law'', a textbook that was widely used in law schools. He was also the author of ''The Law as Literature''.


Early life

London was born to a
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
family in
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
to parents Horace London and Rosalind "Rae" London (née Safran). He graduated from NYU School of Law in 1934, and after graduation, went to work for the law firm run by his father, his mother and his uncle, U.S. Representative Meyer London, who belonged to the
Socialist Party of America The Socialist Party of America (SPA) was a socialist political party in the United States formed in 1901 by a merger between the three-year-old Social Democratic Party of America and disaffected elements of the Socialist Labor Party of Ameri ...
. His law career was interrupted by service as an Army officer during World War II, then a stint as a special investigator in post-war Germany for the
United Nations War Crimes Commission The United Nations War Crimes Commission (UNWCC) initially called the United Nations Commission for the Investigation of War Crimes, was a commission of the United Nations that investigated allegations of war crimes committed by Nazi Germany and ...
investigating Nazis.


Movie censorship

Taking on movie censorship cases, London won all nine cases he argued before the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, including '' The Miracle'' (1948) and ''
Lady Chatterley's Lover ''Lady Chatterley's Lover'' is the last novel by English author D. H. Lawrence, which was first published privately in 1928, in Italy, and in 1929, in France. An unexpurgated edition was not published openly in the United Kingdom until 1960, w ...
'' (1955), which had been banned in New York in 1950 and in 1956, respectively. The first case, Joseph Burstyn, Inc. v. Wilson, was a landmark case in which the Supreme Court overturned its 1915 precedent in Mutual Film Corporation v. Industrial Commission of Ohio that movies were merely a business, and did not have free speech protection under the First Amendment. The Court ruled that provisions of the New York State law allowing censors to ban motion pictures they determined to be "sacrilegious" violated the First Amendment as a restraint on free speech. With the case Kingsley International Pictures Corp. v. Regents of the University of the State of New York, London won further constitutional protection for the movies. In 1959, the Supreme Court ruled that the New York State censors' ban on the 1955 French film ''Lady Chatterley's Lover'' based on the grounds that it promoted adultery was unconstitutional, as the New York statute violated the freedom to advocate ideas, a right guaranteed by the First and Fourteenth Amendments.


Civil liberties

London defended
Lenny Bruce Leonard Alfred Schneider (October 13, 1925 – August 3, 1966), known professionally as Lenny Bruce, was an American stand-up comedian, social critic, and satirist. He was renowned for his open, free-wheeling, and critical style of comedy which ...
after a 1964 arrest. Bruce and Cafe Au Go Go owner Howard Solomon were twice charged with obscenity by New York City police and were subsequently convicted. Bruce was allowed to be free on bail while London appealed the case. Solomon's conviction was overturned on appeal, but Bruce died before the appeal was adjudicated. London also won a prominent First Amendment case, in which he was successful in getting
Brooklyn College Brooklyn College is a public university in Brooklyn, Brooklyn, New York. It is part of the City University of New York system and enrolls about 15,000 undergraduate and 2,800 graduate students on a 35-acre campus. Being New York City's first publ ...
to reinstate Dr.
Harry Slochower Harry Slochower (September 1, 1900 – May 11, 1991) was an Austrian-American scholar, philosopher and psychoanalyst. Biography Slochower was born Hersch Zloczower in Bukowina, Romania, Bukowina, formerly part of Austria and now Romania. He ar ...
, whom the college has dismissed when he invoked his Fifth Amendment right against self-incrimination during questioning by a Congressional subcommittee investigating communism. The Supreme Court upheld Slochower's right to use the Fifth.
Slochower v. Board of Higher Education of New York City
He was less successful handling the appeal of Dr.
Robert Soblen Robert Soblen (born Sobolevicius; November 7, 1900 – September 11, 1962) was a prominent member of the pro-Trotsky Left Opposition in Germany in the 1930s. He moved to the United States in 1941 with his brother Jack Soble, and was arrested ...
, a convicted Soviet spy, when Soblen fled to Israel while London was handling his appeal in 1962, necessitating the forfeiture of $60,000 in bail raised by his law partner, Helen Lehman Buttenweiser (equivalent to approximately $ in dollars). Soblen eventually killed himself when he was deported by Israel. In a change of pace, he brought Lillian Hellman's libel suit against Mary McCarthy to court. It was dismissed as moot when Hellman died in 1984.


Death

London died in New York City on June 12, 1990, of complications from
Shy–Drager syndrome Multiple system atrophy (MSA) is a rare neurodegenerative disorder characterized by autonomic dysfunction, tremors, slow movement, muscle rigidity, and postural instability (collectively known as parkinsonism) and ataxia. This is caused by prog ...
. He was 79 years old. He was survived by his wife, the former Pearl Levison; a son, Peter, of Manhattan, and a sister, Irma Fraad of Riverdale, the Bronx. He was also survived by a daughter he had outside of marriage,
Sheila Michaels Sheila Babs Michaels, also known as Sheila Shiki-y-Michaels (May 8, 1939 – June 22, 2017), was an American feminist and civil rights activist credited with popularizing Ms. as a default form of address for women regardless of their marital st ...
, a remarkable activist in her own right, whom he never publicly acknowledged. London also had two nieces, Fraad's daughters Harriet and
Rosalyn Rosalyn may refer to: * "Rosalyn" (song), song by Pretty Things People *Rosalyn Borden (1932–2003), American actress *Rosalynn Carter, wife of former President of the United States Jimmy Carter *Rosalyn Gold-Onwude (born 1987), American basketba ...
, who was previously married to Lee Baxandall. Rosalyn is also deceased.


References


External links


Ephraim London Papers, 1940-1975
at
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
* {{DEFAULTSORT:London, Ephraim 20th-century American lawyers Jewish American attorneys 1990 deaths 1911 births 20th-century American Jews