Gertz, Elmer

▪ 2001

      American lawyer, teacher, and writer (b. Sept. 14, 1906, Chicago, Ill.—d. April 27, 2000, Chicago), was a champion of civil rights—working for fairness in access to housing, battling against police brutality, and shepherding a strong bill of rights into the Illinois constitution—and figured prominently in some of the most famous court cases of the second half of the 20th century. Gertz represented such high-profile clients as Nathan Leopold in his quest for parole after he had served over 30 years of a life sentence for the 1924 “thrill” murder of Bobby Franks, Henry Miller in his struggle against censorship of his 1934 novel, Tropic of Cancer, after it was accused of being obscene, and Jack Ruby in his bid to have his murder conviction overturned on the grounds that his case had been tainted by pretrial publicity regarding his shooting of Lee Harvey Oswald—the accused assassin of Pres. John F. Kennedy. Gertz was educated at the University of Chicago, earning a bachelor's degree (1928) and a law degree (1930), and practiced law at a prominent Chicago law firm. He came to public attention in 1958 with his successful argument that Leopold had been rehabilitated and deserved parole. In the 1960s, in addition to his victory in the Supreme Court in the Miller case and his gaining Ruby the right to a retrial (Ruby died in jail before he could be retried), Gertz was responsible for another landmark Supreme Court decision—that in murder trials potential jurors could not be excluded solely on the basis of their opposition to the death penalty. Although Gertz was a champion of freedom of the press, he himself became a principal in a notable case in 1969 when a John Birch Society publication accused him of being a communist after he represented a family who sued a Chicago police officer. The Supreme Court's 1983 decision extended to public figures the protection that private citizens enjoyed against attacks on their reputations. With that case, Gertz succeeded in redefining libel law.

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