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David D. Cole was the National Legal Director of the American Civil Liberties Union (ACLU) for six years until 2024. Earlier, for two years Cole was the Hon.
George J. Mitchell George John Mitchell Jr. (born August 20, 1933) is an American politician, diplomat, and lawyer. A leading member of the Democratic Party, he served as a United States senator from Maine from 1980 to 1995, and as Senate Majority Leader from 19 ...
Professor in Law and Public Policy at the
Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
. He has published on legal issues including
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
,
national security National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...
,
criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
,
civil rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
, and
law and literature The law and literature movement focuses on connections between law and literature. This field has roots in two developments in the intellectual history of law—first, the growing doubt about whether law in isolation is a source of value and mean ...
. Cole has litigated
First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...
cases in 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 Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
, as well as cases concerning civil rights and national security. He has also been a legal correspondent to media outlets and publications.


Legal career

Cole graduated ''
magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'' from
Yale College Yale College is the undergraduate college of Yale University. Founded in 1701, it is the original school of the university. Although other Yale schools were founded as early as 1810, all of Yale was officially known as Yale College until 1887, ...
in 1980 and received his Juris Doctor (J.D.) degree from
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
in 1984. He then served as a law clerk to Judge Arlin Adams of the
United States Court of Appeals for the Third Circuit The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a United States federal court, federal court with appellate jurisdiction over the United States district court, district courts for the following United Sta ...
. He then became a staff attorney for the
Center for Constitutional Rights The Center for Constitutional Rights (CCR; formerly Law Center for Constitutional Rights) is an American progressive non-profit legal advocacy organization based in New York City. It was founded in 1966 by lawyers William Kunstler, Arthur Kin ...
, where he litigated a number of major
First Amendment First most commonly refers to: * First, the ordinal form of the number 1 First or 1st may also refer to: Acronyms * Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array * Far Infrared a ...
cases, including '' Texas v. Johnson'', 491 U.S. 397 (1989), '' United States v. Eichman'', 496 U.S. 928 (1990), and ''United States v. Haggerty'' (consolidated with ''Eichman''). He later served as a voluntary staff attorney at the Center, where he also sat on the Board of Directors from 1996 to 2003. After leaving the Center, Cole began teaching at
Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
. While teaching, Cole continued to litigate constitutional law and civil liberties, both at home and abroad. During the 1990s, Cole argued over a dozen cases in various U.S. District and Circuit Courts, and appeared before the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
three times ('' Lebron v. National Railroad Passenger Corporation'', 513 U.S. 374 (1995), '' National Endowment for the Arts v. Finley'', 524 U.S. 569 (1998), and ''Reno v. American-Arab Anti-Discrimination Committee'', 525 U.S. 471 (1999)). Internationally, Cole successfully challenged Ireland's constitutional prohibition on counseling about abortion before the
European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
in ''Open Door Counselling, Ltd. v. Republic of Ireland'', ECHR Judgment of October 19, 1992, Ser. A, No. 246. He returned to Europe in Fall 2007 to teach at the
University College London University College London (Trade name, branded as UCL) is a Public university, public research university in London, England. It is a Member institutions of the University of London, member institution of the Federal university, federal Uni ...
School of Public Policy and serve as Co-Director of the
Center for Transnational Legal Studies The Center for Transnational Legal Studies (CTLS) is a global educational center for the study of transnational law. The Center was founded in London in October 2008 as an initiative by Georgetown University Law Center, providing educational ser ...
in London from 2008 to 2009. Cole was named Co-Chair of the Constitution Project's Liberty and Security Committee in 2001 and joined the Advisory Committee for the
Free Expression Policy Project 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 Marjor ...
in 2003. He has served on boards for a number of public interest organizations including
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
Advisory Committee, Bill of Rights Defense Committee, and the
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
Standing Committee on Law and National Security. His most recent appearance before the Supreme Court was in 2010, unsuccessfully challenging the First and Fifth Amendment implications of the USA PATRIOT Act's prohibition on providing "material support" to terrorist groups in '' Holder v. Humanitarian Law Project'', 561 U.S. 1 (2010). From 2013 to 2014, Cole was a Fellow with the
Open Society Foundations Open Society Foundations (OSF), formerly the Open Society Institute, is an American grantmaking network founded by business magnate George Soros. Open Society Foundations financially supports civil society groups around the world, with the s ...
, an international grantmaking network founded by business magnate
George Soros George Soros (born György Schwartz; August 12, 1930) is an American investor and philanthropist. , he has a net worth of US$7.2 billion, Note that this site is updated daily. having donated more than $32 billion to the Open Society Foundat ...
that dispenses financial contributions to various liberal and progressive political causes in the United States.


Academic career

Cole was a member of the
Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
faculty from 1990 to 2016. He has also taught at
New York University Law School The 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 was the first law school established in New York City and is the oldest survivin ...
and
University College London University College London (Trade name, branded as UCL) is a Public university, public research university in London, England. It is a Member institutions of the University of London, member institution of the Federal university, federal Uni ...
's School of Public Policy as a visiting scholar. Cole's main areas of expertise were
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
,
criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...
,
national security National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of ...
, and law relating to
United States federal courts The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the Constitution of the United States, United States Constitution and Law of the United States, laws of the fed ...
. He gained tenure at Georgetown Law in 1994, and was selected as the school's inaugural Hon.
George J. Mitchell George John Mitchell Jr. (born August 20, 1933) is an American politician, diplomat, and lawyer. A leading member of the Democratic Party, he served as a United States senator from Maine from 1980 to 1995, and as Senate Majority Leader from 19 ...
Professor in Law and Public Policy. Cole has written eight books, for which he has received awards, including the Palmer Civil Liberties Prize for best book on national security and civil liberties, the American Book Award (2004), and Boston Book Review's Best Non-Fiction Book (1999). His most recent book,
Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law
', was named one of the Washington Post's Notable Nonfiction Books of 2016. He has been published in law journals nationwide, including the Yale Law Journal, Stanford Law Review, University of Chicago Law Review, and California Law Review.


Media commentary

Cole has been the Legal Affairs Correspondent for ''
The Nation ''The Nation'' is a progressive American monthly magazine that covers political and cultural news, opinion, and analysis. It was founded on July 6, 1865, as a successor to William Lloyd Garrison's '' The Liberator'', an abolitionist newspaper ...
'' since 1998. He is also a commentator on the
National Public Radio National Public Radio (NPR) is an American public broadcasting organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It serves as a national Radio syndication, syndicator to a network of more ...
program ''
All Things Considered ''All Things Considered'' (''ATC'') is the flagship news program on the American network National Public Radio (NPR). It was the first news program on NPR, premiering on May 3, 1971. It is broadcast live on NPR affiliated stations in the United ...
'', providing viewpoints from a liberal / progressive perspective, and a contributor to the
New York Review of Books New or NEW may refer to: Music * New, singer of K-pop group The Boyz * ''New'' (album), by Paul McCartney, 2013 ** "New" (Paul McCartney song), 2013 * ''New'' (EP), by Regurgitator, 1995 * "New" (Daya song), 2017 * "New" (No Doubt song), 1 ...
. He was interviewed in the 2004
BBC The British Broadcasting Corporation (BBC) is a British public service broadcaster headquartered at Broadcasting House in London, England. Originally established in 1922 as the British Broadcasting Company, it evolved into its current sta ...
documentary '' The Power of Nightmares - The Rise Of The Politics Of Fear''.


Honors and awards

Cole has received awards from professional bodies and campaigning groups for his civil rights and civil liberties work, including from the
American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
's Individual Rights and Responsibilities Section, the
National Lawyers Guild The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 193 ...
, the
American-Arab Anti-Discrimination Committee The American-Arab Anti-Discrimination Committee (ADC) states that it is "the largest Arab American grassroots civil rights organization in the United States." According to its webpage, it is open to people of all backgrounds, faiths and ethnicitie ...
, and the
American Muslim Council The American Muslim Council (AMC) is an Islamic organization and registered charity in the United States. Its headquarters is located in Chicago, Illinois. An earlier organization with the same name was founded in 1990 by Abdul Rahman al-Amoudi ...
. In 2004 he received the William J. Brennan Award from the Thomas Jefferson Center for the Protection of Free Expression, which cited Cole as "one of the nation's most accomplished advocates for freedom of expression and an outstanding scholar of the First Amendment". In 2013 Cole also was the first recipient of the ACLU's Norman Dorsen Presidential Prize for academic contributions to civil liberties.


Publications

* * * * * * *


Personal life

Cole is married to former Georgetown Law professor and current D.C. Circuit Court of Appeals judge Nina Pillard. They have two children, Sarah and Aidan Pillard.


References


External links


Georgetown Law Faculty: David D. Cole biography and selected publications

Center for Constitutional Rights

The Nation: articles by David D. Cole

SSRN: articles by David D. Cole

Video: David Cole - Enemy Aliens & Constitutional Freedoms
(February 27, 2007)
Cole article archive
from ''
The New York Review of Books ''The New York Review of Books'' (or ''NYREV'' or ''NYRB'') is a semi-monthly magazine with articles on literature, culture, economics, science and current affairs. Published in New York City, it is inspired by the idea that the discussion of ...
'' * {{DEFAULTSORT:Cole, David D. 1958 births American Book Award winners American lawyers American legal scholars American legal writers Constitution Project Georgetown University Law Center faculty Living people The Nation (U.S. magazine) people Yale College alumni Yale Law School alumni