Emerson, Thomas I. (Thomas Irwin), 1907-1991

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From the description of Reminiscences of Thomas Irwin Emerson : oral history, 1953. (Columbia University In the City of New York). WorldCat record id: 309734528

From the description of Reminiscences of Thomas Irwin Emerson : oral history, 1955. (Columbia University In the City of New York). WorldCat record id: 309737818

Thomas Irwin Emerson was born in Passaic, New Jersey, on July 12, 1907. He graduated from Yale College in 1928 and from Yale Law School in 1931. After two years with the New York law firm of Engelhard, Pollak, Pitcher and Stern, he accepted a government position in Washington, D.C. Emerson worked for seven New Deal agencies between 1933 and 1946. From 1946 to 1976, he was a professor at the Yale Law School. He wrote two highly regarded scholarly legal books, Political and Civil Rights in the United States with David Haber (1952) and The System of Freedom of Expression (1970). A tireless defender of civil liberties, Emerson opposed the House Un-American Activities Committee and repressive legislation during the McCarthy era. As a result of these actions and his involvement with the National Lawyers Guild, he was accused of being a member of the Communist Party and investigated by the Federal Bureau of Investigation. In his best-known case, Griswold v. Connecticut (1965), he successfully argued before the Supreme Court that the Connecticut state law prohibiting the use of contraceptives was unconstitutional. Thomas Emerson died on June 19, 1991, in New Haven, Connecticut.

From the description of Thomas Irwin Emerson papers, 1933-1988 (inclusive), 1946-1976 (bulk). (Unknown). WorldCat record id: 702154883

Thomas Irwin Emerson was born in Passaic, New Jersey, on July 12, 1907. He graduated from Yale College in 1928 and from Yale Law School in 1931. After two years with the New York law firm of Engelhard, Pollak, Pitcher and Stern, he accepted a government position in Washington, D.C. Emerson worked for seven New Deal agencies between 1933 and 1946. From 1946 to 1976, he was a professor at the Yale Law School. He wrote two highly regarded scholarly legal books, Political and Civil Rights in the United States with David Haber (1952) and The System of Freedom of Expression (1970). A tireless defender of civil liberties, Emerson opposed the House Un-American Activities Committee and repressive legislation during the McCarthy era. As a result of these actions and his involvement with the National Lawyers Guild, he was accused of being a member of the Communist Party and investigated by the Federal Bureau of Investigation. In his best-known case, Griswold v. Connecticut (1965), he successfully argued before the Supreme Court that the Connecticut state law prohibiting the use of contraceptives was unconstitutional. Thomas Emerson died on June 19, 1991, in New Haven, Connecticut.

Thomas Irwin Emerson was born on July 12, 1907, in Passaic, New Jersey. He graduated from Yale College in 1928 and from the Yale Law School in 1931. Upon graduation from law school, Emerson worked for two years at the New York law firm of Engelhard, Pollak, Pitcher and Stern. In 1931, he served on the defense team in Powell v. Alabama, the suit that successfully overturned the convictions of the "Scottsboro Boys" and is considered a groundbreaking case in establishing a defendant's right to counsel. Emerson left the law firm in 1933 and went to work for the federal government. He spent thirteen years in Washington, D.C., working for seven government agencies during the period of President Franklin D. Roosevelt's New Deal. He began as assistant counsel for the National Recovery Administration. From there, he went to the National Labor Relations Board, the Social Security Board, the National Labor Relations Board again, the Department of Justice, and the Office of Price Administration. He completed his time as a government employee with assignments as general counsel for the Office of Economic Stabilization and the Office of War Mobilization and Reconversion. His memoirs from this period were published in 1991 in the book Young Lawyer for the New Deal: An Insider's Memoir of the Roosevelt Years . In 1946, Emerson joined the Yale Law School faculty. He taught at the law school until 1976. He was a popular professor among students and taught such courses as Political and Civil Rights, Constitutional Law, and Administrative Process. His publications included over one hundred articles and briefs as well as two highly regarded scholarly works, Political and Civil Rights in the United States with David Haber, first published in 1952, and The System of Freedom of Expression published in 1970.

Throughout his life, Emerson was a passionate civil libertarian. His organizational activity demonstrated the importance he assigned to the protection of civil liberties. He was active in both the American Civil Liberties Union and the New Haven Civil Liberties Council, later called the Connecticut Civil Liberties Union. He served as an advisor to the Civil Liberties Educational Foundation and as a member of the national council for the Emergency Civil Liberties Committee. He fought against repressive government legislation in the National Committee to Abolish the House Committee on Un-American Activities and the National Committee Against Repressive Legislation and opposed the Federal Loyalty Program. Emerson also defended civil liberties in the courtroom. In 1957, he argued and won a case before the Supreme Court, Sweezy v. New Hampshire, that reinforced the right to academic freedom. In the 1960s, he contributed to the effort to secure the release of Morton Sobell, convicted in 1951 of espionage and detained in prison past the duration of his sentence. In recognition of his defense of civil liberties, he received the inaugural American Civil Liberties Union's Medal of Liberty in 1984.

In 1965, Emerson argued before the Supreme Court in Griswold v. Connecticut that the Connecticut state law forbidding the use of contraceptives was unconstitutional. The Supreme Court ruled in his favor and, as part of the decision, recognized a right to privacy under the Constitution for the first time. Legal scholars consider the case the precursor to the Roe v. Wade decision legalizing abortion. He further demonstrated his commitment to women's rights as a member of the Permanent Commission on the Status of Women and the Connecticut Women's Educational and Legal Fund and by campaigning for the passage of the Equal Rights Amendment in the 1970s.

Emerson's organizational affiliations and defense of civil liberties during the reactionary period in the United States after World War II resulted in government surveillance. Copies of records Emerson obtained through a Freedom of Information Act request document the Federal Bureau of Investigation's observance of him between 1941 and 1977. The investigation began as series of background checks for Emerson's various government positions and intensified as a result of his involvement in the National Lawyers Guild, an organization attacked as a Communist front during the 1940s, and his co-authoring of an article in 1948 criticizing the Federal Loyalty Program. The FBI's efforts to connect him with the Communist Party included trying to place him with a Communist cell in Seattle, Washington, a city Emerson had never visited. Emerson steadfastly denied Communist Party membership and the FBI failed in its attempts to prove otherwise.

Thomas Emerson and his first wife, Bertha Paret, had three children: Joan, Robert and Luther. Later, Emerson married Ruth Calvin. Thomas Emerson died June 19, 1991, in New Haven, Connecticut.

From the guide to the Thomas Irwin Emerson papers, 1933-1988, 1946-1976, (Manuscripts and Archives)

Archival Resources
Role Title Holding Repository
referencedIn United States. National Labor Relations Board. Topic 8 : Interviews re review, appeals and enforcement of decisions, 1968-1975. Cornell University Library
referencedIn East, Catherine Shipe. Papers of Catherine Shipe East. 1941-1995 Arthur and Elizabeth Schlesinger Library on the History of Women in America‏
referencedIn Papers of Pauli Murray, 1827-1985: Series IV, 1926-1985 (inclusive). Arthur and Elizabeth Schlesinger Library on the History of Women in America‏
creatorOf Thomas Irwin Emerson papers, 1933-1988, 1946-1976 Yale University. Department of Manuscripts and Archives
creatorOf Emerson, Thomas I. (Thomas Irwin), 1907-1991. Reminiscences of Thomas Irwin Emerson : oral history, 1953. Columbia University in the City of New York, Columbia University Libraries
referencedIn East, Catherine Shipe. Papers of Catherine Shipe East. 1941-1995 Arthur and Elizabeth Schlesinger Library on the History of Women in America‏
referencedIn United States. National Labor Relations Board. Topic 7 : Interviews re Division of Economic Research, 1968-1975. Cornell University Library
referencedIn Durr, Virginia Foster. Papers: Series I, 1919-1988 (inclusive). Arthur and Elizabeth Schlesinger Library on the History of Women in America‏
creatorOf Emerson, Thomas I. (Thomas Irwin), 1907-1991. Thomas Irwin Emerson papers, 1933-1988 (inclusive), 1946-1976 (bulk). Yale University Library
referencedIn United States. National Labor Relations Board. Topic 6 : Interviews re regional offices, 1968-1975. Cornell University Library
referencedIn United States. National Labor Relations Board. Topic 4 : Interviews re the NLRB in the Wagner Act era (1935-1947), 1968-1975. Cornell University Library
referencedIn Kheel Center for Labor-Management Documentation and Archives. Kheel Center for Labor-Management Documentation and Archives. Oral histories, 1918-1990. Cornell University Library
referencedIn Mary Hyde Eccles papers, 1853-2005, (bulk) 1939-2003. Houghton Library
referencedIn Emerson, Solomon. Account books, 1805-1820, 1836-1840. Winterthur Library
referencedIn United States. National Labor Relations Board. Topic 1 : Interviews re general issues relating to the NLRB, 1968-1975. Cornell University Library
referencedIn Papers of Pauli Murray, 1827-1985 Arthur and Elizabeth Schlesinger Library on the History of Women in America‏
referencedIn The Nation, records, 1879-1974 (inclusive), 1920-1955 (bulk). Houghton Library
creatorOf Emerson, Thomas I. (Thomas Irwin), 1907-1991. Reminiscences of Thomas Irwin Emerson : oral history, 1955. Columbia University in the City of New York, Columbia University Libraries
referencedIn Meiklejohn, Alexander, 1872-1964. Papers, 1880-1969. Wisconsin Historical Society, Newspaper Project
referencedIn Papers of Virginia Foster Durr, 1919-2007 Arthur and Elizabeth Schlesinger Library on the History of Women in America‏
referencedIn United States. National Labor Relations Board. Topic 13 : Interviews re Smith Committee investigation of the NLRB, 1968-1975. Cornell University Library
Role Title Holding Repository
Relation Name
associatedWith American Civil Liberties Union. corporateBody
associatedWith Catherine East, 1916-1996 person
associatedWith Congress of Industrial Organizations (U.S.) corporateBody
associatedWith Durr, Virginia Foster. person
associatedWith East, Catherine, 1916-1996. person
associatedWith Eccles, Mary Hyde. person
associatedWith Emerson, Solomon. person
associatedWith Harper, Fowler V. (Fowler Vincent), 1897-1965. person
associatedWith Kheel Center for Labor-Management Documentation and Archives. corporateBody
associatedWith Meiklejohn, Alexander, 1872-1964. person
associatedWith Murray, Pauli, 1910-1985. person
correspondedWith Nation (New York, N.Y. : 1865). corporateBody
associatedWith Pauli Murray, 1910-1985 person
associatedWith Phillips, Harlan B., person
associatedWith Progressive Party (U.S. : 1948) corporateBody
associatedWith United States. Dept. of Justice. corporateBody
associatedWith United States. Federal Bureau of Investigation. corporateBody
associatedWith United States. National Labor Relations Board. corporateBody
associatedWith United States. National Recovery Administration. corporateBody
associatedWith United States. Office of Economic Stabilization. corporateBody
associatedWith United States. Office of Price Administration. corporateBody
associatedWith United States. Office of War Mobilization. corporateBody
associatedWith United States. Social Security Board. corporateBody
associatedWith Yale Law School. corporateBody
Place Name Admin Code Country
Great Britain
Connecticut
United States
United States
United States
Subject
Academic freedom
African Americans
Anti-communist movements
Birth control
Civil rights
Freedom of speech
Government executives
Internal security
Labor laws and legislation
Law
Lawyers
New Deal, 1933-1939
Political rights
Practice of law
Presidents
Presidents
Women
Women's rights
World War, 1939-1945
Occupation
Activity

Person

Birth 1907-07-12

Death 1991-06-19

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SNAC ID: 25241329