pageok
pageok
pageok
Where Are They Now?

What ever happened to Cohen of Cohen v. California? Or O'Brien of United States v. O'Brien? I'd like to know about them, and about figures in other constitutional law cases, especially First Amendment cases. (They would make for good notes in the Teacher's Manual for my second edition.) If you have any information, please post it — with URLs or cites, if you'd be so good — in the comments. A few that I'm contributing myself:

  1. Biographies of the Tinkers and Christopher Eckhardt, of Tinker v. Des Moines Indep. School District, the leading student speech case, are here.

  2. Joe Roth, one of the kids whose parents successfully sued to strike down school prayer, in the Engel v. Vitale case, ended up being becoming chairman of Twentieth-Century Fox in 1989, eventually ran Disney Motion Pictures for six years, and in 2001 started a new studio, Revolution Studios. He also directed America's Sweethearts (2001) and Revenge of the Nerds II (1987).

  3. Matt Fraser, of Bethel School District v. Fraser, went on to run the debate program at Stanford.

  4. Harry Connick, of Connick v. Myers, retired as D.A. in 2003, after a 30-year stint. He had been known as the "Singing D.A." during his tenure, and has done some professional singing since then. His son, Harry Connick, Jr., is a noted musician.

  5. The last of the Zacchini family (see Zacchini v. Scripps-Howard Broadcasting Co.) to do a human cannonball act was Edmondo Zacchini — apparently Hugo's nephew — who flew his last flight in 1991. In 1991, the Zacchini family was inducted into Barnum Ringling Brothers and Barnum & Bailey's Circus Ring of Fame in Sarasota, Fla.. Hugo Zacchini was in his mid-70s when he performed the act that formed the basis of the Supreme Court case; and by the time the Supreme Court case was decided, he was dead (not a barrier to a lawsuit for damages, which would be taken over by his estate, but oddly enough the court opinions don't even mention this).

  6. In Cantrell v. Forest City Publishing Co. (1974), a Cleveland Plain Dealer reporter named Joe Eszterhas apparently fictionalized a news story, which led to a false light invasion of privacy lawsuit against a newspaper:

    Most conspicuously, although Mrs. Cantrell was not present at any time during the reporter's visit to her home, Eszterhas wrote, 'Margaret Cantrell will talk neither about what happened nor about how they are doing. She wears the same mask of non-expression she wore at the funeral. She is a proud woman. Her world has changed. She says that after it happened, the people in town offered to help them out with money and they refused to take it.' Other significant misrepresentations were contained in details of Eszterhas' descriptions of the poverty in which the Cantrells were living and the dirty and dilapidated conditions of the Cantrell home.
    Eszterhas recognized that his flair for fiction made him better suited to a different career, and became a once-hot screenwriter (Flashdance, Jagged Edge, Basic Instinct).

So, more, more, please! The comments are ready for you to post.

UPDATE: Steve Kurtz points to a First Amendment Center page that also has follow-ups on Epperson (v. Arkansas), Goldman (v. Weinberger), Bates (v. Arizona), Lemon (v. Kurtzman), Kulhmeier (Hazelwood School Dist. v.), Maynard (Wooley v.), Pickering (v. Board of Ed.), Sindermann (Perry v.), Fraser, and Myers (Connick v.), as well as the Tinker kids, whom I mentioned above.

Alice Marie Beard:
Jay Printz of Printz v. U.S. is now a member of the Board of Directors for the National Rifle Association. After retiring as sheriff, he went to to do some private security work. Most recently, he was in Iraq as a contractor, helping to train Iraqi police officers. Here's a link: http://www.nrawinningteam.com/bios99/printz.html
6.1.2005 3:05pm
Dilan Esper (mail) (www):
Ernesto Miranda died several years back. He used to trade on his celebrity by passing out cards to people with the Miranda warnings printed on them/
6.1.2005 3:35pm
theogt:
Those crazy cats down at the Church of the Lukumi Babalu Aye have set up a website. Through which one can attain a free membership!
6.1.2005 3:39pm
ES:
Thanks to Larry Tribe, Grendel's Den is alive and kicking in Harvard Square 23 years after its fate was decided by the Supreme Court -- despite high turnover that has claimed many other local landmarks, including the Original House of Blues. The half-price food specials during happy hour aren't bad, either.
6.1.2005 3:47pm
Anthony Sanders:
I heard in class in law school once that Chadha, from Chadha v. INS, happened to run into someone who turned out to be a law professor on the streets of San Francisco years after the decision. Chadha told the professor who he was and that after the Supreme Court ruled that he could stay in the country he had gone into business for himself. He was running a souvenir stall, or some such business, and doing very well at it.
6.1.2005 3:54pm
Bill Dyer (mail) (www):
It's not First Amendment (and some dispute whether it's legitimately con law), but the pseudonymous Jane Roe of Roe v. Wade famously, and unsuccessfully, tried to re-open her case recently in an attempt to reverse its outcome, having had a fairly dramatic change in her personal convictions regarding abortion.
6.1.2005 3:56pm
Melissa:
Justice Kennedy spoke in my Con Law class last fall and told us the Chadha story. Kennedy said that he ran into Chadha at some SF store and paid for something with his (Kennedy's) credit card. Chadha then asked if he was Justice Kennedy and then said thank you and some other stuff.
6.1.2005 4:01pm
guest:
I heard that Justice Kennedy decided Chadha when he was on the 9th circuit; and as Kennedy was buying some music in a record store one day the the guy behind the counter asked him if he was Judge Kennedy. After the affirmative reply, clerk thanked him for his decision denying deportation, it was Chadha.
6.1.2005 4:02pm
William Baude (mail) (www):
Greg Hess, of the First Amendment case Hess v. Indiana, is now my family's travel agent (in Bloomington, IN).
6.1.2005 4:03pm
Bill Dyer (mail) (www):
More details re Ms. "Roe": She was actually Norma McCorvey. Her attempt to re-open her case was rejected by the district court. Her appeal from that decision was dismissed by the Fifth Circuit, and the Supreme Court refused to intervene. McCorvey v. Hill, 385 F.3d 846 (5th Cir. 2004), cert. denied, 125 S. Ct. 1387 (2005). (As I had predicted in my post on my own blog, linked above, the Fifth Circuit's decision was (i) made without oral argument, (ii) unanimous, and (iii) written by a judge widely considered to be among the most politically conservative on that court, Hon. Edith H. Jones (who also took the opportunity to write a separate concurring opinion slamming the original Roe decision of the Supreme Court).
6.1.2005 4:21pm
Geoff Gnadt (mail) (www):
Scott Southworth of Southworth et al v. Board of Regents of the University of Wisconsin System, 529 U.S. 217 (2000) served in Iraq as a Captain in Wisconsin's Army National Guard, and adopted a handicapped Iraqi orphan he meet while serving there. Upon his return, he was elected as Juneau County, Wisconsin's District Attorney.

Compare the photo here from UW at the time...
http://www.news.wisc.edu/packages/fees/photos.html

vs.

a current photo taken from a recent local news special featuring Atty. Southworth...
http://www.themilwaukeechannel.com/news/4459764/detail.html#
6.1.2005 4:21pm
Guest:
You might be interested in the book "The Courage of Their Convictions," by Peter Irons, which has chapters profiling 16 individuals who litigated cases to the Supreme Court. Several of the chapters address First Amendment cases.
6.1.2005 4:28pm
R. Z. German (mail):

George Anastaplo of

is still alive, and living in Hyde Park (Chicago). He has written numerous books, including several on the First Amendment.
6.1.2005 4:42pm
Thief (mail) (www):
1. (Semi-obvious): Hustler Magazine v. Falwell was covered, quite extensively and sympathetically to Flynt, in the film The People vs. Larry Flynt.

2. Daniel Ellsberg (the former RAND/DoD official whose leak of the "Pentagon Papers" was at issue in New York Times Co. v. US), is still around. He's an anti-war activist now, and recently served as a character witness for convicted deserter Sgt. Camilo Mejia.

3. Joshua Davey (of Locke v. Davey fame) apparently changed his mind about going into ordained ministry, and is instead in his first year at Harvard Law School. (Believe it or not, he's a blogger!)

Alternatively, for recent cases, you could contact the counsel of record for each case, explain your project, and ask them to ask their client for an update of what has happened since their case...
6.1.2005 5:03pm
Jeff Silver (mail):
Surely you must include some info on the "most hated woman in America," Madalyn Murray O'Hair, one of the plaintiffs in the case known to history primarily as Abington School District v. Schempp. (On her American Athiests organization website it is noted that the Murray case had an earlier docket number and a separate, and earlier oral argument date than Abington. Nonetheless, when the cases were consolidated for decision, Abington was listed first. The website says this was because the Schempps were not atheists, while the Murrays were).

Ms. O'Hair was murdered in the late 1990s. Her son, Bill Murray (the school child who was the real party in interest in the school prayer case) became a born-again Christian as an adult (after overcoming drug and alcohol issues) and was estranged for years from his mother and most of his family. After he announced his conversion, his mother cut him off: "One could call this a postnatal abortion on the part of a mother, I guess; I repudiate him entirely and completely for now and all times...He is beyond human forgiveness."

Bill Murray's daughter Robin Murray O'Hair, however, and Ms. O'Hair's other son, Jon Garth Murray, were deeply involved in Ms. O'Hair's American Atheists organization. Ms. O'Hair had adopted Robin as her daughter when her father was too drug addled to care for her.

All three were kidnapped and murdered by one David Waters in 1995. Waters was a disgruntled former employee. He died in prison in 2003.
6.1.2005 5:05pm
von (mail) (www):
George Anastaplo ...

Yes, Professor Anastaplo (In re Anastaplo) was very much alive and kicking when I had him as my professor for Con Law II and Jurisprudence ('99 Loyola University Chicago). And, though I'm a fairly big Scalia-fan, it was a bit of fun to watch the Professor accuse Justice Scalia of "fiddling while Rome burned" in a debate hosted at the law school.
6.1.2005 5:18pm
Fred Beukema:
Does anybody know what happened to Richard Loving and Mildred Jeter of Loving v. Virginia?
6.1.2005 5:30pm
luminous (mail) (www):
" Or O'Brien of United States v. O'Brien? "

I've heard of someone picking him up as a hitchhiker in Vermont. Still a hippie, in other words.
6.1.2005 5:40pm
CBI:
Re: Loving v. Virginia

Our con law prof told us Mr. Loving died in some sort of traffic accident a several years after the decision but the couple had continued living in Virginia up until that time. She wasn't sure whether Mrs. Loving was still alive or not.
6.1.2005 7:06pm
Joshua:
Richard Loving, of Loving v. Virginia, died in a car accident in 1975. His widow, Mildred, would be about 65 years old now.
6.1.2005 7:11pm
David W. (mail):
Although it neither involves a plaintiff or defendant, the best "where is he now" story involves the man who made the call that led to the search in Mapp v. Ohio: then numbers operator, now boxing promoter, Don King.
6.1.2005 8:23pm
John R (mail):
Elmer Gertz from Gertz v. Robert Welch, Inc. continued to practice and teach law in Chicago. I took a con law course from him in 1991 at John Marshall Law School, when he was well into his 80s. He died in 2000.
6.1.2005 9:08pm
arbitraryaardvark (mail):
Edmonds of Edmonds v Indianapolis (drug roadblocks, 2001), prefers a low profile, concerned about possible retaliation. But the other named plaintiff, Joell Palmer, still rents a house from me.
arbitrary aardvark, http://vark.blogspot.com.
6.1.2005 10:34pm
arbitraryaardvark (mail):
In Gaines v Universiy of Missouri, the Court ordered Lloyd Gaines admitted to Mizzou Law School, but he never showed up.
I've wondered about that - maybe he was a nominal plaintiff who didn't really want to attend, maybe he was "disappeared". Any clues? The lobby of the new law building is named for him.
6.1.2005 10:38pm
Milbarge (mail) (www):
Here is the story of the Lovings of Virginia: http://www.styleweekly.com/article.asp?idarticle=8894
As of last summer, Mrs. Loving was still living, but Mr. Loving had indeed died in a car wreck a few years after the Supreme Court decision. Lots of good nuggets in there.

Also, I had a professor who told us that a former colleague of his was such a Fourth Amendment nut that he spent his vacations visiting the sites of famous Fourth Amendment cases, like the street in Ohio where Terry was stopped. He dragged his kids to the Aurora Tap Tavern, famous from Ybarra, which was apparently a dive. So if Eugene needs ideas for family vacations, I'm sure the old schoolhouse from Tinker and Hazekwood East would welcome you!
6.1.2005 10:49pm
Robert Woolley (mail):
1. About 3 years ago, an article in the ABA Journal talked about Farragher (of F. v. City of Boca Raton). She had then recently finished law school. She had interesting comments about how strange it felt studying her own case in school, and the reactions of other attorneys when they made the connection from her name.

2. A good biography of George Reynolds (Reynolds v. US) was published in 1992: Bruce A. Van Orden, "Prisoner for Conscience's Sake: The Life of George Reynolds."

3. Last year, Dale Carpenter published in the Michigan Law Review an interesting article on the backdrop of and players in Lawrence v. Texas, including what little is known of the defendants' life since the Supreme Court.
6.1.2005 11:53pm
Cups:
There are a number of websites about the defendant in Scales v. United States, 367 U.S. 203 (1961), which, for the most part, upheld a conviction under the Smith Act for being a member of the communist party.

http://indyweek.com/durham/2002-08-14/triangles2.html
6.2.2005 12:03am
Jordan Lorence (mail):
Scott Southworth, of the student fees case decided in 2000, was elected county attorney (county prosecutor) of Juneau County, Wisconsin,in November 2004. As was previously reported in another posting here, he served in Iraq as an MP in Baghdad with the Wisconsin National Guard and adopted a young Iraqi boy with cerebal palsy (I argued Scott's case before the Supreme Court in November 1999).
6.3.2005 1:28am
TMZ (mail):
The story about Gaines has never been confirmed but if I remember correctly he was last seen out with friends one evening and never heard from again. At the time there was much speculation that he was kidnapped and murdered, but there has never been any substantiation to this story.
6.3.2005 6:46pm