George Anastaplo (November 7, 1925 – February 14, 2014) was a professor at

Loyola University Chicago School of Law Loyola University Chicago School of Law is the law school of Loyola University Chicago, a Private university, private Society of Jesus, Jesuit research university in Chicago. Established in 1908, Loyola University Chicago School of Law offers de ...

and author who was famously denied admission for many years to the Illinois Bar. The denial of his admission became a Supreme Court case, ''

In re Anastaplo ''In re Anastaplo'', 366 U.S. 82 (1961), was a United States Supreme Court case in which the Court held that denying a bar applicant's character and fitness because they would not answer questions about membership in the Communist Party did not ...

'', in which he insisted that the

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 ...

of the

U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constituti ...

protects the privacy of political affiliations, specifically, his refusal to answer questions about membership in the Communist Party. Anastaplo's stand was based on constitutional principles and his consequent rejection of

McCarthyism McCarthyism is a political practice defined by the political repression and persecution of left-wing individuals and a Fear mongering, campaign spreading fear of communist and Soviet influence on American institutions and of Soviet espionage i ...

, and nobody alleged that he had been a member of the Communist Party. The Supreme Court's majority upheld the

lower court A lower court or inferior court is a court from which an appeal may be taken, usually referring to courts other than supreme court. In relation to an appeal from one court to another, the lower court is the court whose decision is being revie ...

s' ruling in favor of the Illinois Bar, with Justice Hugo Black dissenting. After his Supreme Court case and denial of admission to the Bar, Anastaplo supported his family by teaching at the University of Chicago and other universities and colleges. He wrote many articles and books on philosophy, many of which acknowledged the influence of his teacher,

Leo Strauss Leo Strauss (September 20, 1899 – October 18, 1973) was an American scholar of political philosophy. He spent much of his career as a professor of political science at the University of Chicago, where he taught several generations of students an ...

Early life

The son of

Greek Greek may refer to: Anything of, from, or related to Greece, a country in Southern Europe: *Greeks, an ethnic group *Greek language, a branch of the Indo-European language family **Proto-Greek language, the assumed last common ancestor of all kno ...

immigrants, Anastaplo served in the

United States Army Air Corps The United States Army Air Corps (USAAC) was the aerial warfare service component of the United States Army between 1926 and 1941. After World War I, as early aviation became an increasingly important part of modern warfare, a philosophical ri ...

during

World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

as a navigator of

B-17 The Boeing B-17 Flying Fortress is an American four-engined heavy bomber aircraft developed in the 1930s for the United States Army Air Corps (USAAC). A fast and high-flying bomber, the B-17 dropped more bombs than any other aircraft during ...

s and

B-29 The Boeing B-29 Superfortress is a retired American four-engined Propeller (aeronautics), propeller-driven heavy bomber, designed by Boeing and flown primarily by the United States during World War II and the Korean War. Named in allusion to ...

s. After the war he attended the

University of Chicago The University of Chicago (UChicago, Chicago, or UChi) is a Private university, private research university in Chicago, Illinois, United States. Its main campus is in the Hyde Park, Chicago, Hyde Park neighborhood on Chicago's South Side, Chic ...

where he earned his B.A. in 1948 and his J.D. in 1951. Even while a law student, Anastaplo attended the lectures and seminars of Leo Strauss.

Illinois Bar Exam

After he had passed the Bar Exam, Anastaplo was asked a series of questions typical during the age of the

Red Scare A Red Scare is a form of moral panic provoked by fear of the rise of left-wing ideologies in a society, especially communism and socialism. Historically, red scares have led to mass political persecution, scapegoating, and the ousting of thos ...

. He was asked whether members of the Communist Party should be allowed to enter the Bar and so be able to practice law, to which he replied yes. This prompted a series of questions where the interviewers asked him about the nature of Communism in America to which he retorted that political dissent and even the

right of revolution In political philosophy, the right of revolution or right of rebellion is the right or duty of a people to "alter or abolish" a government that acts against their common interests or threatens the safety of the people without justifiable cause. S ...

were part of the American constitutional heritage. When asked whether he was a Communist, Anastaplo replied that freedom of association was guaranteed by the First Amendment, and that it was improper for the Bar to ask about political affiliations of applicants. He continued to refuse to answer the question and eventually sued the Bar association, which countersued him. Almost a decade later the case reached the Supreme Court. In 1961 Professor Leo Strauss bolstered Anastaplo's spirits when he was petitioning for admission to the Illinois Bar by writing the two-sentence letter: "This is only to pay you my respects for your brave and just action. If the American Bench and Bar have any sense of shame they must come on their knees to apologize to you."

Supreme Court

Anastaplo argued the case himself 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 turn on question ...

, losing the case but praised by Justice Hugo Black in his dissent. Justice Black's dissent ''In re Anastaplo'' would "immortalize Anastaplo", said Justice Brennan upon reading it. Black's dissent was read at Black's funeral, by his instructions.

Aftermath

Although he had lost the case, he became a figure of American liberty everywhere. He was described as the "Socrates of Chicago". He spoke all around the country about the importance of liberties. He taught liberal arts courses for nearly sixty years at the University of Chicago's

Graham School of Continuing Liberal and Professional Studies The University of Chicago Graham School of Continuing Liberal and Professional Studies is one of eight professionals schools of the University of Chicago. The Graham School's focus is on part-time and flexible programs of study. The Graham Sc ...

. He also taught at Rosary College and the

University of Dallas The University of Dallas is a Private university, private Catholic church, Catholic university in Irving, Texas, United States. Established in 1956, it is Higher education accreditation in the United States, accredited by the Southern Associat ...

. He eventually became a professor at Loyola University Chicago School of Law. He also authored books that outline his experience and the impact it had.

Death

Anastaplo, a resident of

Hyde Park, Chicago Hyde Park is a neighborhood on the South Side, Chicago, South Side of Chicago, Illinois, located on and near the shore of Lake Michigan south of Chicago Loop, the Loop. It is one of the city's 77 community areas of Chicago, community areas. ...

, died February 14, 2014, of

prostate cancer Prostate cancer is the neoplasm, uncontrolled growth of cells in the prostate, a gland in the male reproductive system below the bladder. Abnormal growth of the prostate tissue is usually detected through Screening (medicine), screening tests, ...

. He was survived by his wife of 65 years, Sara Jacqueline Prince Anastaplo, four children (Helen Scharbach Newlin (née Helen Margaret Anastaplo), George Malcolm Davidson Anastaplo, Miriam Irene Redleaf (née Sara Maria Anastaplo), and Theodora McShan Anastaplo), and eight grandchildren.

Books

*''The Bible: Respectful Readings'' (Lexington Books, 2008) *''Reflections on Freedom of Speech and the First Amendment'' (University Press of Kentucky, 2007) *''Plato's Meno: Translation and Commentary'' (Focus Publishing, 2006) *''The Constitutionalist: Notes on the First Amendment'' (Lexington Books, 2005) *''On Trial: From Adam & Eve to O.J. Simpson'' (Lexington Books, 2004) *''But Not Philosophy: Seven Introductions to Non-Western Thought'' (Lexington Books, 2002) *''Abraham Lincoln: A Constitutional Biography'' (Rowmen & Littlefield, 1999) *''Liberty, Equality & Modern Constitutionalism: A Source Book'' (Focus Publ., 1999) *''Campus Hate-Speech Codes, Natural Right, and Twentieth Century Atrocities'' (Edwin Mellen Press, 1999) *''Campus Hate-Speech Codes and Twentieth Century Atrocities'' (Edwin Mellen Press, 1997) *''The Thinker as Artist: From Homer to Plato & Aristotle'' (Ohio University Press, 1997) *''The Amendments to the Constitution: A Commentary'' (Johns Hopkins University Press, 1995) *''The American Moralist: On Law, Ethics and Government'' (Swallow Press/Ohio University Press, 1992) *''The Constitution of 1787: A Commentary'' (Johns Hopkins University Press, 1989) *''The Artist As Thinker: From Shakespeare to Joyce'' (Ohio University Press, 1983) *''Human Being and Citizen: Essays on Virtue, Freedom, and the Common Good'' (Swallow Press, 1975)

References

External links

Blog of George Anastaplo
Contains many documents and links to numerous writings.

* ''In re Anastaplo'' (Wikisource) ** Dissent by Hugo Black (Wikisource) *
Transcripts and audio of oral arguments
{{DEFAULTSORT:Anastaplo, George 1925 births 2014 deaths United States Free Speech Clause case law American free speech activists Victims of McCarthyism American political philosophers University of Chicago Law School alumni University of Chicago faculty University of Chicago alumni Political scientists who studied under Leo Strauss American people of Greek descent Educators from St. Louis United States Army Air Forces pilots of World War II Dominican University (Illinois) faculty Historians from Illinois Deaths from prostate cancer in Illinois