Elmer Gertz facts for kids

Elmer Gertz (September 14, 1906 – April 27, 2000) was an American lawyer and writer. He was also a civil rights activist. He won many important cases during his long career.

He is best known for a special court case. He was not the lawyer, but the person who sued. This case was Gertz v. Robert Welch, Inc.. He sued the John Birch Society in 1969. They had said he was part of a Communist plan. They claimed he wanted to hurt local police departments. He won this case after 14 years. The case even went to the Supreme Court. The Court said he did not need to prove "actual malice." This meant he didn't have to show they knew their words were false. He won $100,000 for damages and $300,000 as a penalty. This decision was upheld.

Early Life and Education

Elmer Gertz was born in Chicago in 1906. His family was Jewish and from Lithuania. He grew up near Maxwell Street. He went to elementary school with Arthur Goldberg. Arthur later became a Supreme Court Justice. When Elmer was ten, his mother died. His father could not care for the children. So, Elmer spent his childhood in orphanages. He lived in Chicago and Cleveland.

He graduated from Crane Technical High School. There he met future famous writers Meyer Levin and Leo Rosten. He also met newspaper owner Leo Lerner. Elmer then went to the University of Chicago. He also attended its law school. He earned his law degree in 1930. He then started working at the law firm of Jacob Arvey. He stayed there for 14 years.

Elmer Gertz remained involved in education throughout his life. He taught a civil rights class. This was at John Marshall Law School. He taught there until he passed away in 2000.

Notable Legal Cases

As a law student, Elmer Gertz was inspired. He admired Clarence Darrow's famous argument. Darrow spoke against the death penalty in the Leopold-Loeb trial. Gertz himself became famous in 1958. He won parole for Nathan Leopold. He made sure to walk out of the prison with his client.

Elmer Gertz became good friends with Henry Miller. This happened after Gertz helped lift a ban. He persuaded a court to allow the book Tropic of Cancer. The Supreme Court supported this decision in 1964. This was in the case Grove Press, Inc., v. Gerstein.

In the mid-1960s, Gertz followed Clarence Darrow's example. He argued against the death sentence. This sentence was given to Jack Ruby. Ruby had killed Lee Harvey Oswald. The death sentence was overturned. Ruby was very ill. He spent his last few years in prison.

Libel Suit Against John Birch Society

In 1969, Elmer Gertz represented a family. Their son was killed by a Chicago police officer. This made the John Birch Society angry. They wrote an article in their magazine, American Opinion. The article claimed Gertz had a criminal record. It also said he was part of a Communist plan. This plan, they said, was to discredit local police. They thought he wanted to make way for a national police force.

Elmer Gertz sued the Society for defamation. He won a $500,000 judgment. A few years later, Gertz and his wife went on a luxury cruise. They used the money he won. They sent "wish you were here" postcards. They sent them to Welch and his organization often.

Activism and Public Service

In the 1940s, Elmer Gertz was active. He worked for fair housing. He served on several public groups. These groups focused on housing. He warned against creating large housing projects. He thought a more spread-out approach was better. He also worked for African Americans. He wanted them to be admitted to the local bar association.

In 1969, he was chosen for the Illinois Constitutional Convention. He led the committee on its Bill of Rights. He worked closely with Dallin H. Oaks. This Bill of Rights was called the strongest of any state constitution. A decade later, he led similar committees. These were for the Illinois and Chicago bar associations. He also served as chairman of the Lawyers' Association.

Elmer Gertz received Israel's Prime Minister's Medal in 1972. This was for his service to that country. He considered it his greatest achievement. "Things do change for the better," he told students. He said this near the end of his life. "Very, very slowly."

Elmer Gertz Lawyer Award

The Illinois State Bar Association created an award in 2000. It is called the Elmer Gertz Lawyer Award. It honors lawyers who protect human rights. For many years, this award was given with the Blind Service Association. Elmer Gertz was a board member there.

Here are some people who have received the award:

• 2001 - Gregory A. Adamski
• 2002 - Prof. Ralph Ruebner, The John Marshall Law School (Chicago)
• 2003 - Prof. Victor J. Stone, University of Illinois College of Law
• 2004 - Fay Clayton, Chicago
• 2005 - Award not given
• 2006 - Prof. Michael P. Seng, The John Marshall Law School (Chicago)
• 2007 - R. Eugene Pincham, Retired Justice, Illinois Appellate Court
• 2008 - Prof. Doug Cassel, Notre Dame University School of Law
• 2009 - Award not given
• 2010 - Award not given
• 2011 - Award not given
• 2012 - Judge Martha A. Mills, Cook County Circuit Court
• 2013 - Jody Raphael, Schiller DuCanto & Fleck Family Law Center, DePaul University College of Law (Chicago)
• 2014 - Barbara Blaine