Harvey A. Silverglate: Current To September 1, 2010

Current to September 1, 2010
HARVEY A. SILVERGLATE
Lawyer & Writer
607 Franklin Street
Cambridge, MA 02139
Tel 617/661-9156
Fax 617/492-4925
Email [email protected]
Alternate email [email protected]
www.harveysilverglate.com
Of counsel:
Zalkind, Rodriguez, Lunt & Duncan, LLP
65A Atlantic Avenue
Boston, Massachusetts 02110
Tel 617/742-6020
Fax 617/742-3269
www.zrld.com
Co-Founder & Chairman of the Board of Directors:

The Foundation for Individual Rights in Education (FIRE)
www.thefire.org
PERSONAL
Born 1942, New York City (Brooklyn)
Resides in Cambridge, MA, with wife Elsa Dorfman, portrait photographer

www.elsadorfman.com
One child, Isaac Dorfman Silverglate, resides in San Francisco.
EDUCATION
Bogota High School, Bogota, New Jersey, 1960.
A.B., cum laude (history), Princeton University, 1964.
LL.B., Harvard Law School, 1967.
LEGAL EXPERIENCE/FIRM AFFILIATIONS

1967-69 Associate, Crane, Inker & Oteri (Boston)
1970-71 Partner, Flym, Zalkind & Silverglate (Boston)
1972-73 Partner, Zalkind, Klubock & Silverglate (Boston)
1974 Partner, Zalkind & Silverglate (Boston)
1975-81 Partner, Silverglate, Shapiro & Gertner (Boston)
1982 Partner, Silverglate & Gertner (Boston)
1983-84 Partner, Silverglate, Gertner, Baker & Fine (Boston)
1985-86 Partner, Silverglate, Gertner, Fine, Good & Mizner
1986-89 Partner, Silverglate, Gertner, Fine & Good (Boston)
1989-2003 Partner, Silverglate & Good (Boston)
2003- Of counsel to Good & Cormier (Boston)
2009- Of counsel to Zalkind, Rodriguez, Lunt & Duncan, LLP (Boston)
Areas of legal specialization:

Academic freedom
Civil liberties
Computer crime
Criminal defense (state and federal, trial and appellate)
Internet privacy
Legal ethics
News media rights
Student and faculty rights
BAR ADMISSIONS
Supreme Judicial Court of Massachusetts (1967)
United States Supreme Court (1971)
United States Court of Military Appeals (1970)
United States Courts of Appeals for the:
First Circuit (1969)

Second Circuit (1972)
Third Circuit (1981)
Fourth Circuit (1991)
Fifth Circuit (1980)
Eleventh Circuit (1991)
Federal Circuit (1993)
United States District Court for the District of Mass. (1967)
SELECTED MAJOR PUBLICATIONS

Published widely on legal matters: numerous articles, op-ed columns, and book
reviews, in various media such as academic journals, magazines, and
newspapers, including The Wall Street Journal, The Boston Globe, The New York
Times Book Review, The Boston Herald, The Philadelphia Inquirer,
Massachusetts Lawyers Weekly, Forbes.com, The Harvard Law Review, The Boston
Phoenix, and others. A more extensive list is available below, and online.
Books:
Three Felonies a Day: How the Feds Target the Innocent

By Harvey A. Silverglate
New York: Encounter Books, 2009
www.threefeloniesaday.com
In the Name of Justice: Leading Experts Reexamine the Classic Article "The
Aims of the Criminal Law” (Timothy Lynch, editor)
CHAPTER “Federal Criminal Law: Punishing Benign Intentions – A Betrayal of
Professor Hart’s Admonition to Prosecute Only the Blameworthy,” by Harvey A.
2
Silverglate
Washington, DC: Cato Institute, 2009
FIRE’s Guide to First-Year Orientation and Thought Reform on Campus

By Jordan Lorence & Harvey A. Silverglate
Philadelphia: Foundation for Individual Rights in Education, 2005
FIRE’s Guide to Free Speech on Campus

By David French, Greg Lukianoff, & Harvey A. Silverglate
FIRE’s Guide to Due Process and Fair Procedure on Campus

By Harvey A. Silverglate & Josh Gewolb
The Shadow University: The Betrayal of Liberty on America’s Campuses

By Alan Charles Kors & Harvey A. Silverglate
Hardcover: New York: The Free Press, 1998
Softcover: New York: HarperPerennial, 1999 (still in print)
www.shadowuniv.com
Journalism Awards:
2009 – Second Place for Right-to-Know Reporting

Awarded by the New England Newspaper & Press Association (NENPA) for Boston
Phoenix “Muzzle Awards” (with Dan Kennedy).
2008 – Third Place for Political Reporting

Awarded by the New England Press Association (NEPA) for two Boston Phoenix
columns, part of “Freedom Watch” series.
2005 - First Place for Political Reporting

Awarded by the Association of Alternative Newsweeklies (AAN) for three Boston
Phoenix columns (on the government’s unlawful treatment of “enemy
combatants,” its prosecutorial tactics in the “war on terror,” and Boston’s
unconstitutional harassment of street performers).
Selected Magazine & Newspaper Articles:
“Civil Liberties and Enemy Combatants: Why the Supreme Court’s Widely Praised
Rulings Are Bad For America,” REASON magazine, January 2005.
"Illegal Thoughts: Hate speech, hate crime and the First Amendment," Media
Studies Journal (Fall 2000).
“Starr Teachers: Think independent counsels use dirty tricks? Check out the
Justice Department’s regular prosecutors” (with Andrew Good), REASON
magazine, May 1999.
Numerous by-lined articles during high school, college, and law school, for
The Ridgewood (N.J.) Newspapers and The Bergen (N.J.) Record.
3
Selected Columns:
Contributing columnist, Forbes.com (2008-present)
Civil liberties and criminal law columnist ("Freedom Watch", formerly "Brief
Cases") on a regular basis on legal (particularly criminal justice and civil
liberties) subjects for The Real Paper, and then (currently) The Boston
Phoenix (which acquired The Real Paper) (1976-present).
Civil Liberties "Forum" columnist, The National Law Journal (regularly 1994-
2002, with occasional columns to the present).
Regular Columnist, INC Technology Magazine (1999-2001)
Academic Journals and Book Chapters:
“The Degradation of the ‘Void for Vagueness’ Doctrine: Reversing Convictions

While Saving the Unfathomable ‘Honest Services Fraud’ Statute” with Monica R.
Shah, Cato Supreme Court Review (2010).
Board of Editors, Criminal Law Advocacy Reporter (Matthew Bender & Co., New
York), requiring two articles contributed annually (1990-1994).
Chapter and lecture - "Criminal Aspects of Securities Litigation" in New

Dimensions in Securities Litigation: Planning and Strategies (ALI-ABA, 1982).
Co-author, "Brady Problems" in Revised Criminal Defense Techniques (Matthew

Bender & Co.) (1978).
"The JDL Informer and the Bizarre Bombing Case," with Alan M. Dershowitz and
Jeanne Baker, The Civil Liberties Review (April/May 1976).
"Legislative Privilege and the Separation of Powers," with Robert J.

Reinstein, 86 Harvard Law Review 1748 (1971).
"The 1970s: A Decade of Repression?" in With Justice for Some, ed. Bruce
Wasserstein and Mark J. Green (Boston: Beacon Press, 1970).
Co-author, “Eavesdropping and Electronic Surveillance" in Cipes, Criminal

Defense Techniques.
"In the Marketplace of Free Ideas: A Look at the Passage of the Marihuana Tax
Act" in J. L. Simmons (ed.), Marihuana: Myths & Realities (Brandon House,
1967).
Book & Movie Reviews:
"Graham: The Self-Inflicted Wound," 84 Harvard Law Review 1948 (1971).
4
Co-author, "Justice in the Lower Criminal Courts," 6 Harvard Civil Rights-
Civil Liberties Law Review 631 (1971).
“Sects and Drugs,” The New York Times Sunday Book Review (April 25, 2001).
“The New Thought Police,” The Wilson Quarterly (Spring 2002).
Co-author, “Mistrial: The Capturing the Friedmans DVD sheds new light on the
case,” Slate Online Magazine (February 27, 2004).
“After Innocence,” Boston Phoenix (February 2, 2006).
“Setting a noble precedent” The Boston Globe (September 20, 2009).
LITIGATION EXPERIENCE
Has handled trials and appeals in cases involving criminal indictments

(state, federal, and military), student rights, academic freedom, free
speech, and free press.
Selected noteworthy current cases and clients of interest:
Representing, in the First Circuit Court of Appeals, Massachusetts high

school teachers and students contesting censorship of state Curricular Guide
resulting from removal by state education department, under political
pressure, of materials and readings offering a dissenting view on the
accuracy of the label “Armenian Genocide.”
Representing in various capacities over time Dr. Jeffrey R. MacDonald (in the
so-called “Fatal Vision” or “Green Beret” murder case), in post-conviction
proceedings attacking a conviction for a 1970 murder at Fort Bragg (NC), the
subject of dueling books (Joe McGinniss’ “Fatal Vision”, and Jerry Potter and
Fred Bost’s “Fatal Justice”) (DNA testing was done, per order of the U.S.
Court of Appeals for the Fourth Circuit, and the defendant is seeking habeas
corpus relief or an evidentiary hearing).
Past cases and clients of particular interest include:
Represented Michael Milken in post-conviction matters, dealing largely with

the question of whether the defendant’s conduct in fact constituted a
violation of law;
Represented Leona Helmsley in appeal of her federal tax conviction, and her
New York state tax indictment (dismissed);
Represented Louise Woodward in the Boston so-called “nanny case” (successful

on appeal);
5
Represented Prof. Alfred Zehe in an espionage prosecution resulting,
eventually, in an East-West spy trade discussed by New York Times diplomatic
correspondent Craig R. Whitney in his 1993 book Spy Trader;
Represented Theodore V. Anzalone, aide to former Boston Mayor Kevin White,

indicted and tried in two trials for alleged extortion and money laundering
(client acquitted by jury in extortion case and by the Court of Appeals in
the money laundering case);
Participated in numerous cases attacking college and university speech codes,

some of which are described on the Website of The Foundation for Individual
Rights in Education (FIRE);
Represented newspaper reporters in grand jury investigations;
Represented Sen. Mike Gravel (D. Alaska) in the “Pentagon Papers” case in
which Sen. Gravel’s aide was subpoenaed by a federal grand jury – the case
made it to the U. S. Supreme Court and was the subject of a Harvard Law
Review article co-authored by me;
Represented The Boston Phoenix and its subsidiary, Tele-Publishing, Inc., in

successful lawsuit against telephone company for threatening to terminate
telephone service used by newspaper’s readers to respond to “personal”
advertisements – case won on novel ground that state constitutional free
speech provision prohibited regulated communications company from engaging in
content-based censorship of customers (Boston Phoenix, Inc. v. New England
Tel. & Tel. Co., 5 Mass. L. Rptr. 547, 1996 WL 473998 (Mass. Super. 1996);
Represented the Church of Scientology in First Amendment “religious fraud”

litigation.
ACADEMIC EXPERIENCE
Appointment as Lecturer-in-Law at Harvard Law School to teach a course in
Professional Responsibility and Criminal Defense Strategy in the Spring
Semester of 1987.
Harvard Law School course (with Prof. Alan Dershowitz) (1973)

"The Actual Administration of Justice in the Lower Criminal Courts."
For several years in the late 1970s and the 1980s, guest teacher, along with
Professor Alan M. Dershowitz, of "Professional Responsibility," a Harvard Law
School course dealing with ethical issues primarily in criminal cases.
Lecturer and article author, Program on "Federal Enforcement 1987:

Representing Corporations, Their Officers, Directors and Employees," speaker
and author on "Ethical Issues Surrounding Corporate Criminal Investigation"
(sponsored by District of Columbia Bar & Georgetown U. Law Center), April
1987. Repeated in 1988, 1989, 1990, 1991, 1992, 1994, and 1996 (subject of
computer crime) programs.
Formerly instructor of law at the University of Massachusetts at Boston,

College III Program.
6
COMMUNITY AND LEGAL SERVICE
Co-founder (with Alan Charles Kors) and currently chairman of the Board of
Directors of The Foundation for Individual Rights in Education (FIRE), a
501(c)(3) tax-exempt educational foundation headquartered in Philadelphia,
with satellite offices in New York and Cambridge, working for academic
freedom and due process in higher education.
Adjunct Scholar, Cato Institute, 2008-present
Advisory Committee member, National Center for Reason and Justice, 2002-
Present.
Chair, Independent Privacy Board, Predictive Networks, Inc., Cambridge, MA

(with authority to review the company’s Internet privacy policies and
practices), 2000-2002.
Former Special Litigation Counsel, Electronic Frontier Foundation (formerly

of Cambridge, MA, now of San Francisco, CA).
Chairperson, Long Range Planning Committee of the Martin Luther King, Jr.,
Open School, Cambridge, MA, 1982-1985.
Founder and former Chairperson of the Massachusetts Association of Criminal

Defense Lawyers.
Former Chair, Standing Advisory Committee on Legal Ethics,

Massachusetts Association of Criminal Defense Lawyers.
Member, National Association of Criminal Defense Lawyers Ethics Advisory

Board (1991 - 1996)
Served terms as Counsel, President of the Board of Directors (1986-88), and

member of the Board of Directors of the American Civil Liberties Union of
Massachusetts (with most recent Board term having expired at the end of
2010); also served on ACLUM Nominating, Legal, and Advisory Committees, and
as member of ACLUM Ad Hoc Committee on Academic Freedom, Campus Chapters
Program Advisory Committee, Drug Policy Task Force, and Bill of Rights
Education Project of the ACLUM Foundation (seeks to place civil liberties
topics in high school curricula in Massachusetts).
REPRESENTATIVE LECTURES AND MISCELLANEOUS PROGRAMS

Several addresses annually to various law school campus chapters of The
Federalist Society, and Semi-annual law discussions at Dunster House, Harvard
College.
Debated Harvard Law School Professor Alan Dershowitz on the use of torture
and “torture warrants” in an age of terrorism, at Boston’s Ford Hall Forum,
on February 12, 2002. (A recording of the debate is available here.)
7
Participated annually since 2001 in “Shakespeare and the Law” program co-
sponsored by the Federalist Society of Boston/Lawyers Division and the
Commonwealth Shakespeare Company, consisting of performance of a Shakespeare
play followed by a panel discussion on a legal issue raised by the play.
Presented half-day seminar to all teachers and administrators of the Athol-

Royalston Consolidated School District, on the subject of “Free speech,
academic freedom and due process rights of students, teachers and
administrators,” January 22, 2007.
G:\HAS_Admin\CV and Bio\HAS_CV_July_2010.doc

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Current to September 1, 2010

Co-Founder & Chairman of the Board of Directors:

Resides in Cambridge, MA, with wife Elsa Dorfman, portrait photographer

One child, Isaac Dorfman Silverglate, resides in San Francisco.

LEGAL EXPERIENCE/FIRM AFFILIATIONS

Areas of legal specialization:

First Circuit (1969)

United States District Court for the District of Mass. (1967)

SELECTED MAJOR PUBLICATIONS

Three Felonies a Day: How the Feds Target the Innocent

FIRE’s Guide to First-Year Orientation and Thought Reform on Campus

FIRE’s Guide to Free Speech on Campus

FIRE’s Guide to Due Process and Fair Procedure on Campus

The Shadow University: The Betrayal of Liberty on America’s Campuses

2009 – Second Place for Right-to-Know Reporting

2008 – Third Place for Political Reporting

2005 - First Place for Political Reporting

Selected Magazine & Newspaper Articles:

Contributing columnist, Forbes.com (2008-present)

Regular Columnist, INC Technology Magazine (1999-2001)

Academic Journals and Book Chapters:

“The Degradation of the ‘Void for Vagueness’ Doctrine: Reversing Convictions

Chapter and lecture - "Criminal Aspects of Securities Litigation" in New

Co-author, "Brady Problems" in Revised Criminal Defense Techniques (Matthew

"Legislative Privilege and the Separation of Powers," with Robert J.

Co-author, “Eavesdropping and Electronic Surveillance" in Cipes, Criminal

Book & Movie Reviews:

"Graham: The Self-Inflicted Wound," 84 Harvard Law Review 1948 (1971).

“The New Thought Police,” The Wilson Quarterly (Spring 2002).

“After Innocence,” Boston Phoenix (February 2, 2006).

“Setting a noble precedent” The Boston Globe (September 20, 2009).

Has handled trials and appeals in cases involving criminal indictments

Selected noteworthy current cases and clients of interest:

Representing, in the First Circuit Court of Appeals, Massachusetts high

Past cases and clients of particular interest include:

Represented Michael Milken in post-conviction matters, dealing largely with

Represented Louise Woodward in the Boston so-called “nanny case” (successful

Represented Theodore V. Anzalone, aide to former Boston Mayor Kevin White,

Participated in numerous cases attacking college and university speech codes,

Represented newspaper reporters in grand jury investigations;

Represented The Boston Phoenix and its subsidiary, Tele-Publishing, Inc., in

Represented the Church of Scientology in First Amendment “religious fraud”

Harvard Law School course (with Prof. Alan Dershowitz) (1973)

Lecturer and article author, Program on "Federal Enforcement 1987:

Formerly instructor of law at the University of Massachusetts at Boston,

Adjunct Scholar, Cato Institute, 2008-present

Chair, Independent Privacy Board, Predictive Networks, Inc., Cambridge, MA

Former Special Litigation Counsel, Electronic Frontier Foundation (formerly

Founder and former Chairperson of the Massachusetts Association of Criminal

Former Chair, Standing Advisory Committee on Legal Ethics,

Member, National Association of Criminal Defense Lawyers Ethics Advisory

Served terms as Counsel, President of the Board of Directors (1986-88), and

REPRESENTATIVE LECTURES AND MISCELLANEOUS PROGRAMS

Presented half-day seminar to all teachers and administrators of the Athol-

G:\HAS_Admin\CV and Bio\HAS_CV_July_2010.doc

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