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Harriet Fleischl Pilpel (December 2, 1911 – April 23, 1991) was an American attorney and
women's rights Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countri ...
activist. She wrote and lectured extensively regarding the
freedom of 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 right to freedom of expression has been recogni ...
,
freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exerc ...
, and reproductive freedom. Pilpel served as general counsel for both the
American Civil Liberties Union 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". T ...
and
Planned Parenthood The Planned Parenthood Federation of America, Inc. (PPFA), or simply Planned Parenthood, is a nonprofit organization that provides reproductive health care in the United States and globally. It is a tax-exempt corporation under Internal Reve ...
. During her career, she participated in 27 cases that came before the
United States 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 ...
. Pilpel was involved in the birth control movement and the pro-choice movement. She helped to establish the legal rights of minors to abortion and contraception.


Biography


Early life and education

Harriet Fleischl was born on December 2, 1911 to Julius and Ethel (''née'' Loewy) Fleischl in
the Bronx The Bronx () is a borough of New York City, coextensive with Bronx County, in the state of New York. It is south of Westchester County; north and east of the New York City borough of Manhattan, across the Harlem River; and north of the New ...
. She had two younger sisters, Juliette and Ruth. She graduated from
Vassar College Vassar College ( ) is a private liberal arts college in Poughkeepsie, New York, United States. Founded in 1861 by Matthew Vassar, it was the second degree-granting institution of higher education for women in the United States, closely foll ...
in 1932. In 1933 she received her master's degree in public law and international law from the
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 ...
. She received her J.D. in 1936 from
Columbia Law School Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked i ...
, where she graduated second in her class. She was hired by law firm Greenbaum, Wolf & Ernst following her graduation.


Legal career

During her career, Pilpel played a role in 27 cases that were heard by the
Supreme Court of the United States 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 tribunals in the United States, federal court cases, and over Stat ...
. Her scholarly work was often cited by the Court and in legislative debate. Law professor Sylvia A. Law writes that Pilpel "was a brilliant legal tactician with a deep knowledge of the nuance of doctrine, but she was also acutely attuned to political opinion, organizational politics, the press, religious feeling, and the broad cultural forces that shape constitutional principles." Pilpel was a protégé of
Morris Ernst Morris Ernst (August 23, 1888 – May 21, 1976) was an American lawyer and prominent attorney for the American Civil Liberties Union (ACLU). In public life, he defended and asserted the rights of Americans to privacy and freedom from censorshi ...
, who co-founded the ACLU. Through her work with Greenbaum, Wolf & Ernst, Pilpel was involved with the birth control movement, taking cases such as ''State v. Nelson'' (1940) and '' Tileston v. Ullman'' (1943). She supported the struggles to overturn birth control laws at the state level, working alongside movement activist
Margaret Sanger Margaret Higgins Sanger (born Margaret Louise Higgins; September 14, 1879September 6, 1966), also known as Margaret Sanger Slee, was an American birth control activist, sex educator, writer, and nurse. Sanger popularized the term "birth contro ...
. The early reproductive rights movement challenged anti-obscenity
Comstock laws The Comstock laws were a set of federal acts passed by the United States Congress under the Grant administration along with related state laws.Dennett p.9 The "parent" act (Sect. 211) was passed on March 3, 1873, as the Act for the Suppression of ...
. Pilpel was one of three attorneys who represented the
Kinsey Institute The Kinsey Institute for Research in Sex, Gender, and Reproduction (often shortened to The Kinsey Institute) is a research institute at Indiana University. Established in Bloomington, Indiana, in 1947 as a nonprofit, the institute merged with Indi ...
in a lawsuit against the United States Customs Service, after an Indianapolis customs collector deemed sex-related literature "grossly obscene" and began impounding the materials in 1950. Seven years later, in 1957, she won the case before the Federal District Court. Pilpel was also versed in
matrimonial law Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act. Summary table Rights and obligations A marriage, by definition, bestow ...
and co-authored the 1952 book entitled ''Your Marriage and the Law'' with Theodora Zavin. She also represented publishers and writers in cases involving copyright law. Her clients included
Betty Friedan Betty Friedan ( February 4, 1921 – February 4, 2006) was an American feminist writer and activist. A leading figure in the women's movement in the United States, her 1963 book '' The Feminine Mystique'' is often credited with sparking the se ...
,
Mel Brooks Mel Brooks (born Melvin James Kaminsky; June 28, 1926) is an American actor, comedian and filmmaker. With a career spanning over seven decades, he is known as a writer and director of a variety of successful broad farces and parodies. He began ...
,
Billy Graham William Franklin Graham Jr. (November 7, 1918 – February 21, 2018) was an American evangelist and an ordained Southern Baptist minister who became well known internationally in the late 1940s. He was a prominent evangelical Christi ...
,
Edna Ferber Edna Ferber (August 15, 1885 – April 16, 1968) was an American novelist, short story writer and playwright. Her novels include the Pulitzer Prize-winning '' So Big'' (1924), '' Show Boat'' (1926; made into the celebrated 1927 musical), '' C ...
,
Svetlana Alliluyeva Svetlana Iosifovna Alliluyeva, born Stalina (); ka, სვეტლანა იოსების ასული ალილუევა () (28 February 1926 – 22 November 2011), later known as Lana Peters, was the youngest child and only ...
,
Jerome Kern Jerome David Kern (January 27, 1885 – November 11, 1945) was an American composer of musical theatre and popular music. One of the most important American theatre composers of the early 20th century, he wrote more than 700 songs, used in ove ...
, and
Erich Maria Remarque Erich Maria Remarque (, ; born Erich Paul Remark; 22 June 1898 – 25 September 1970) was a German-born novelist. His landmark novel ''All Quiet on the Western Front'' (1928), based on his experience in the Imperial German Army during World ...
. In 1965 she represented pediatrician
Benjamin Spock Benjamin McLane Spock (May 2, 1903 – March 15, 1998) was an American pediatrician and left-wing political activist whose book '' Baby and Child Care'' (1946) is one of the best-selling books of the twentieth century, selling 500,000 copies ...
in a case determining whether advertisements placed in ''
The Common Sense Book of Baby and Child Care ''The Common Sense Book of Baby and Child Care'' is a book by American pediatrician Benjamin Spock and one of the best-selling books of the twentieth century, selling 500,000 copies in the six months after its initial publication in 1946 and 50& ...
'' violated Dr. Spock's free speech rights. Pilpel was involved with the pro-choice movement. In 1961, she argued on behalf of
Planned Parenthood The Planned Parenthood Federation of America, Inc. (PPFA), or simply Planned Parenthood, is a nonprofit organization that provides reproductive health care in the United States and globally. It is a tax-exempt corporation under Internal Reve ...
in ''
Poe v. Ullman ''Poe v. Ullman'', 367 U.S. 497 (1961), was a United States Supreme Court case that held that plaintiffs lacked standing to challenge a Connecticut law that banned the use of contraceptives and banned doctors from advising their use because the ...
'', asking the Supreme Court to reverse a Connecticut law criminalizing birth control. She wrote Planned Parenthood's ''
amicus curiae An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision o ...
'' brief for that case as well as that for 1965's '' Griswold v. Connecticut''. Pilpel was influenced by ideas that the right to privacy upheld in ''Griswold'' could be extended to a woman's right to
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
. She put abortion on the agenda of the ACLU Biennial Conference in 1964, though the board did not take up the issue until 1967. Alongside
Aryeh Neier Aryeh Neier (born April 22, 1937) is an American human rights activist who co-founded Human Rights Watch, served as the president of George Soros's Open Society Institute philanthropy network from 1993 to 2012, had been National Director of th ...
, Pilpel helped organize the campaign against New York's anti-abortion law. She authored Planned Parenthood's ''amicus'' brief for ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' and strategized with attorneys Sarah Weddington and
Linda Coffee Linda Nellene Coffee (born December 25, 1942) : profile of Coffee is an American lawyer living in Dallas, Texas. Coffee is best known, along with Sarah Weddington, for arguing the precedent-setting United States Supreme Court case ''Roe v. Wade'' ...
, organizing
moot court Moot court is a co-curricular activity at many law schools. Participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In most countries, the phrase " ...
practices prior to arguments in the case. Following the passage of ''Roe'' in 1973, she mentored lawyers who tried to prevent the exclusion of abortions from Medicaid. Pilpel helped to establish minors' rights to abortion and contraception. She presented a paper on the legal rights of minors to the
International Council of Women The International Council of Women (ICW) is a women's rights organization working across national boundaries for the common cause of advocating human rights for women. In March and April 1888, women leaders came together in Washington, D.C., wit ...
in 1973. She argued in 1977's '' Carey v. Population Services International'' on behalf of a minor's right to acquire contraceptives without parental consent. During the 1960s, Pilpel served on the
Presidential Commission on the Status of Women The President's Commission on the Status of Women (PCSW) was established to advise the President of the United States on issues concerning the status of women. It was created by John F. Kennedy's signed December 14, 1961. In 1975 it became th ...
under the Kennedy and Johnson administrations. Beginning in 1965, Pilpel was an advisor to the
United States Women's Bureau The United States Women's Bureau (WB) is an agency of the United States government within the United States Department of Labor. The Women's Bureau works to create parity for women in the labor force by conducting research and policy analysis, to ...
of the United States Department of Labor. She was chair of the Law Panel International of Planned Parenthood Federation from 1970 to 1978. From 1979 to 1986, she served as general counsel for the
American Civil Liberties Union 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". T ...
(ACLU). She served on the boards of the
Guttmacher Institute The Guttmacher Institute is a research and policy NGO that aims to improve sexual and reproductive health and rights worldwide. This research organization was started in 1968 and works to study, educate, and advance sexual and reproductive health ...
, the ACLU, and NARAL. She was also co-chair of the
National Coalition Against Censorship 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-bas ...
. In the 1950s and 1960s Pilpel also wrote a monthly column for ''
Publishers Weekly ''Publishers Weekly'' (''PW'') is an American weekly trade news magazine targeted at publishers, librarians, booksellers, and literary agents. Published continuously since 1872, it has carried the tagline, "The International News Magazine of ...
'' entitled "But Can You Do That?" She appeared frequently on William F. Buckley Jr.'s television show '' Firing Line''. In 1982, she joined the law firm
Weil, Gotshal & Manges Weil, Gotshal & Manges LLP is an American international law firm with approximately 1,100 attorneys, headquartered in New York City. With a gross annual revenue in excess of $1.8 billion, it is among the world's largest law firms according to ...
. That year, she donated her research files to Smith College's
Sophia Smith Collection The Sophia Smith Collection at Smith College is an internationally recognized repository of manuscripts, photographs, periodicals and other primary sources in women's history. General One of the largest recognized repositories of manuscripts, ...
.


Selected bibliography

* * * * *


Personal life

On June 15, 1933, she married social service executive Robert C. Pilpel. In 1987, Pilpel was widowed. She remarried, to New York Medical College administrator Irvin B. Schwartz on March 13, 1989. She died of a heart attack on April 23, 1991 in Manhattan. She was 79. Her son, Robert Harry Pilpel, is an author.


Honors

Pilpel was honored with a fellowship in
NYU 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 ...
's Hays Program, the Harriet Pilpel-Planned Parenthood Fellowship.


Further reading

*


References


External links


Harriet F. Pilpel papers
at the
Sophia Smith Collection The Sophia Smith Collection at Smith College is an internationally recognized repository of manuscripts, photographs, periodicals and other primary sources in women's history. General One of the largest recognized repositories of manuscripts, ...
, Smith College Special Collections * Kara M. McClurken
Harriet F. Pilpel Papers, 1913-1981
Finding Aid A finding aid, in the context of archival science, is an organization tool, a document containing detailed, indexed, and processed metadata and other information about a specific collection of records within an archive. Finding aids often consist o ...

Papers of Harriet F. Pilpel, 1967-1980
Schlesinger Library The Arthur and Elizabeth Schlesinger Library on the History of Women in America is a research library at the Radcliffe Institute for Advanced Study, Harvard University. According to Nancy F. Cott, the Carl and Lily Pforzheimer Foundation Director ...
, Radcliffe Institute {{DEFAULTSORT:Pilpel, Harriet Fleischl 1911 births 1991 deaths American birth control activists American feminists American women's rights activists Free speech activists American Civil Liberties Union people People from the Bronx People associated with Planned Parenthood 20th-century American lawyers Activists from New York (state) 20th-century American women lawyers Vassar College alumni Columbia Law School alumni