Notes
Published in Law and Philosophy: The Practice of Theory (Essays in Honor of George Anastaplo), ed. John A. Murley, Robert L. Stone, and William T. Braithwaite, Vol. 1 (Athens: Ohio University Press, 1992).
* Studs Terkel has been, since 1952, the host on the Studs Terkel Program, broadcast every weekday on WFMT, Chicago. He is the author of several books which have been national best-sellers.
George Anastaplo is currently Professor of Law, Loyola University of Chicago; Professor Emeritus of Political Science and of Philosophy, Rosary College; and Lecturer in the Liberal Arts, The University of Chicago.
The two interviews on the Studs Terkel Program drawn upon here, broadcast in March 1976 and February 1986 by WFMT, Chicago, followed upon publication of two of Professor Anastaplo's books: Human Being and Citizen: Essays on Virtue, Freedom and the Common Good (Chicago: Swallow Press, 1975), and The Artist as Thinker: From Shakespeare to Joyce (Athens: Swallow Press/Ohio University Press, 1983). Numerous adjustments for the sake of clarity have been made in transferring oral exchanges to the printed page: repetitions, false starts and digressions are kept to a minimum; points are often spelled out; and some speeches are re-arranged. Thus, the reader should be better able to grasp what each of the two parties to these conversations understood the other to be saying.
1. In re Anastaplo, 366 U.S. 82, 116 (1961) (dissenting opinion). See, also, Hugo LaFayette Black: Memorial Addresses and Other Tributes, 92d Congress, 1st Session, House Document No.92-236 (Washington, D.C.: Government Printing Office, 1972), pp. 64-65. See, as well, 405 U.S. xxvi-xxvii (1972).
2. The Anastaplo case litigation is recorded at 3 Ill. 2d 471, 121 N.E.2d 826 (1954); 348 U.S. 946, 349 U.S. 908 (1955); 18 Ill. 2d 182, 163 N.E.2d 429 (1959-1960); 366 U.S. 82 (1961). Chronologies of the case are provided in George Anastaplo, The Constitutionalist: Notes on the First Amendment (Dallas: Southern Methodist University Press, 1971), pp. 334-35, and in Anastaplo, "What is Still Wrong with George Anastaplo? A Sequel to 366 U.S.82 (1961)," 35 DePaul Law Review 551, 588-89 (1986).
3. See, for an exchange of letters between Professor Anastaplo and Attorney General Levi, 35 DePaul Law Review 551, 599-609 (1986). See, also, Anastaplo, "In re Anastaplo: A Progress Report," National Law Journal, 18 June 1979, pp. 21, 33.
4. See Anastaplo, Human Being and Citizen, p. 287, n. 10.
5. See, on Judge Hoffman and the 1969-1970 Chicago Conspiracy Trial, Anastaplo, The Constitutionalist, pp. 312-23.
6. For the Kup's Show referred to (first broadcast in Chicago on 4 February 1976), see George Anastaplo, "Passion, Magnanimity, and the Rule of Law," 50 Southern California Law Review 351, 355-59 (1977). See, on the proper scope of executive power, Anastaplo, The Constitution of 1787: A Commentary (Baltimore: Johns Hopkins University Press, 1989), pp. 89-123.
7. See, for example, Anastaplo, "A new look at an old lesson," Chicago Tribune, 12 June 1976, sec. 1, p. 10; 35 DePaul Law Review 551, 564-69, 578-80 (1986). See also Anastaplo, "Notes toward an Apologia Pro vita sua," Interpretation 10 (1983): 319.
8. See, on obscenity, Anastaplo, The Constitutionalist, pp. 120-22, 260-62; Human Being and Citizen, pp. 117-38; "How to Read the Constitution of the United States," 17 Loyola University of Chicago Law Journal 1, 43-55 (1985).
9. See Anastaplo, "Self-government and the Mass Media: A Practical Man's Guide," in The Mass Media and Modern Democracy ed. Harry M. Clor (Chicago: Rand McNally,1974), pp.161-232. This article is included in Anastaplo, The American Moralist: Considered Opinions on Law, Ethics, and Government (published in 1991 by Swallow Press/Ohio University Press). See, also, Churchill: The Diaries of Lord Moran (Boston: Houghton Mifflin, 1966), pp.413-17 (entry of 3 June 1952). See, as well, Anastaplo, "How to Read the Constitution of the United States," pp. 49-55.
10. Leon M. Despres, "Anastaplo, our own Socrates," Chicago Daily News, Panorama, 6-7 March 1976, p. 6.
11. The decision of the Committee on Character and Fitness was made on 5 June 1951, the day after the United States Supreme Court upheld the convictions under the Smith Act of the principal leaders of the Communist Party of the United States. See Dennis v. United States, 341 U.s.494 (1951).
12. See Malcolm P. Sharp, "Crosskey, Anastaplo, and Meiklejohn on the United States Constitution," 20 University of Chicago Law School Record 1 (Spring 1973). See, also, Anastaplo, "Mr. Crosskey, the American Constitution, and the Natures of Things," 15 Loyola University of Chicago Law Journal 181, 220 n. 24 (1984).
13. See, for the Anastaplo-Kalven discussion during Professor Kalven's last class at the University of Chicago Law School (24 May 1974), Anastaplo "Mr. Justice Black, His Generous Common Sense and the Bar Admission Cases," 9 Southwestern University Law Review 977, 997-1019 (1977). See, for an extended analysis of the Anastaplo case, Harry Kalven, Jr., A Worthy Tradition: Freedom of Speech in America (New York: Harper and Row, 1988), p.548ff (reprinted in the present collection). Also reprinted in the present collection is the review referred to (p. 519) of Anastaplo's The Constitutionalist by C. Herman Pritchett, 60 California Law Review 1476 (197Z). George Anastaplo has recently been given a bronze plaque with this inscription:
TO
DR. GEORGE ANASTAPLO
FROM HIS CLASSMATES
THE UNIVERSITY OF CHICAGO, LAW '51
IN ADMIRATION OF A LIFE
DEVOTED TO HlGH PRINClPLEFORTIETH REUNION
MAY 11, 1991