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Walter Pollak (1887–1940) was a 20th-century American civil liberties lawyer, who established important precedents while working with other leading radical lawyers in the 1920s and 1930s. His best known cases involved the defense before the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
of Communist
Benjamin Gitlow Benjamin Gitlow (December 22, 1891 – July 19, 1965) was a prominent American socialist politician of the early 20th century and a founding member of the Communist Party USA. During the end of the 1930s, Gitlow turned to conservatism and wrote tw ...
and the Scottsboro Boys.


Background

Walter Heilprin Pollak was born on June 4, 1887, in
Summit, New Jersey Summit is a city in Union County, in the U.S. state of New Jersey. The city is located on a ridge in northern- central New Jersey, within the Raritan Valley and Rahway Valley regions in the New York metropolitan area. At the 2010 United Stat ...
to Gustav Pollak (born circa 1849 in Vienna, Austria; died 1919) and Celia Heilprin in a family of "bookish, nonreligious Jews" who had come to the States in the 1850s. His father was an editor and writer for ''
The Nation ''The Nation'' is an American liberal biweekly 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 tha ...
'' magazine. He had two older siblings: a brother, Francis D. Pollak (born in 1876), who also became a lawyer, and a sister, Meta Pollak (born in 1879). Walter Pollak attended
DeWitt Clinton High School , motto_translation = Without Work Nothing Is Accomplished , image = DeWitt Clinton High School front entrance IMG 7441 HLG.jpg , seal_image = File:Clinton News.JPG , seal_size = 124px , ...
and then
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 Manha ...
in New York City. In 1907, he graduated from
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of high ...
and in 1910 from
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
.


Career

Pollak first joined the law firm of Sullivan and Cromwell but within two years had moved to Simpson, Warren and Cardozo, where he started a lifelong friendship with Benjamin N. Cardozo (who in 1913 left the firm to become a
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
Justice). Pollak stayed on, and the firm eventually became Engelhard, Pollak, Pitcher,
Stern The stern is the back or aft-most part of a ship or boat, technically defined as the area built up over the sternpost, extending upwards from the counter rail to the taffrail. The stern lies opposite the bow, the foremost part of a ship. Ori ...
and Clarke. During the 1920s, according to
Max Lowenthal Max Lowenthal (1888–1971) was a Washington, DC, political figure in all three branches of the federal government in the 1930s and 1940s, during which time he was closely associated with the rising career of Harry S. Truman; he served under Oscar ...
, Pollak was part of a "loose partnership" of radical attorneys that included Joseph R. Brodsky,
Swinburne Hale Swinburne Hale (1884–1937) was an American lawyer, poet, and socialist, best remembered as one of the leading civil rights attorneys of the decade of the 1920s. Hale was a Harvard College classmate of Roger Nash Baldwin and law partner of ...
,
Walter Nelles Walter Nelles (1883–1937) was an American lawyer and law professor. Nelles is best remembered as the co-founder and first chief legal counsel of the National Civil Liberties Bureau and its successor, the American Civil Liberties Union. In this co ...
, Isaac Shorr, Carol Weiss King, and King's brother-in-law Carl Stern. In 1925, on behalf of 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". ...
(ACLU), he argued his first case 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 ...
,
Gitlow v. New York ''Gitlow v. New York'', 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of spee ...
, defending Communist Party member
Benjamin Gitlow Benjamin Gitlow (December 22, 1891 – July 19, 1965) was a prominent American socialist politician of the early 20th century and a founding member of the Communist Party USA. During the end of the 1930s, Gitlow turned to conservatism and wrote tw ...
against a conviction for "advocacy of criminal anarchy." The court upheld Gitlow's conviction but importantly recognized that the
due process clause In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...
of the 14th Amendment incorporated and thus protected fundamental provisions of the
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
, including the freedom of speech. (New York State Governor
Al Smith Alfred Emanuel Smith (December 30, 1873 – October 4, 1944) was an American politician who served four terms as Governor of New York and was the Democratic Party's candidate for president in 1928. The son of an Irish-American mother and a ...
commuted Gitlow's sentence.) In the early 1930s, on behalf of
International Labor Defense The International Labor Defense (ILD) (1925–1947) was a legal advocacy organization established in 1925 in the United States as the American section of the Comintern's International Red Aid network. The ILD defended Sacco and Vanzetti, was acti ...
, Pollak joined the defense team of the Scottsboro Boys with Joseph R. Brodsky. He took an active part in framing the appeals in '' Powell v. Alabama'' (1932), as well as ''
Norris v. Alabama ''Norris v. Alabama'', 294 U.S. 587 (1935), was one of the cases decided by the Supreme Court of the United States that arose out of the trial of the Scottsboro Boys, who were nine African-American teenagers falsely accused of raping two white wo ...
'' and ''
Patterson v. Alabama ''Patterson v. Alabama'', 294 U.S. 600 (1935), was a United States Supreme Court case which held that an African-American defendant is denied due process rights if the jury pool excludes African-Americans. Background This case was the second lan ...
'' (both 1935), the latter of which he argued with the support of the
ACLU 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". ...
. In 1937, during the Great Depression, the firm dissolved. Pollak became of counsel to Cohen, Cole, Weiss, and Wharton (which became Paul, Weiss, Rifkind, Wharton and Garrison).


Personal and death

Pollak was the father of
United States District Court for the Eastern District of Pennsylvania The United States District Court for the Eastern District of Pennsylvania (in case citations, E.D. Pa.) is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789. It originally sat in Independence Hall in Phila ...
Judge
Louis Heilprin Pollak Louis Heilprin Pollak (December 7, 1922 – May 8, 2012) was a United States district judge of the United States District Court for the Eastern District of Pennsylvania. He served on the faculty of Yale Law School and was dean from 1965 to 19 ...
, a former dean of both
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
and the
University of Pennsylvania Law School The University of Pennsylvania Carey Law School (also known as Penn Law or Penn Carey Law) is the law school of the University of Pennsylvania, a private research university in Philadelphia, Pennsylvania. It is among the most selective and olde ...
. Walter Pollak was a close friend of law professor Zechariah Chafee Jr. Pollak died on October 2, 1940, age 53, of a heart attack.


See also

* Louis H. Pollak * Benjamin N. Cardozo * Joseph R. Brodsky * Carol Weiss King *
Benjamin Gitlow Benjamin Gitlow (December 22, 1891 – July 19, 1965) was a prominent American socialist politician of the early 20th century and a founding member of the Communist Party USA. During the end of the 1930s, Gitlow turned to conservatism and wrote tw ...
* Scottsboro Boys *
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". ...
*
International Labor Defense The International Labor Defense (ILD) (1925–1947) was a legal advocacy organization established in 1925 in the United States as the American section of the Comintern's International Red Aid network. The ILD defended Sacco and Vanzetti, was acti ...
* '' Powell v. Alabama'' (1932) * ''
Norris v. Alabama ''Norris v. Alabama'', 294 U.S. 587 (1935), was one of the cases decided by the Supreme Court of the United States that arose out of the trial of the Scottsboro Boys, who were nine African-American teenagers falsely accused of raping two white wo ...
'' (1935) * ''
Patterson v. Alabama ''Patterson v. Alabama'', 294 U.S. 600 (1935), was a United States Supreme Court case which held that an African-American defendant is denied due process rights if the jury pool excludes African-Americans. Background This case was the second lan ...
'' (1935)


References


External sources

* * * {{DEFAULTSORT:Pollak, Walter 1887 births 1941 deaths 20th-century American Jews 20th-century American lawyers American people of Austrian-Jewish descent Jewish American attorneys Paul, Weiss, Rifkind, Wharton & Garrison people Harvard Law School alumni Sullivan & Cromwell people DeWitt Clinton High School alumni Harvard College alumni