Morton Ira Greenberg
Encyclopedia
Morton Ira Greenberg is a Judge
for the United States Court of Appeals for the Third Circuit
. He was nominated by U.S. President Ronald Reagan
on February 11, 1987 and was confirmed by the United States Senate
on March 20, 1987.
in 1933 but moved to Atlantic City, New Jersey at a young age. After graduating high school, he attended the University of Pennsylvania
where he received a B.A.
in 1954. He then attended Yale Law School
where he received an LL.B. in 1957. At Yale, he was a member of the Yale Law Journal
.
After leaving Yale, he moved to Trenton, New Jersey, and began working in the Office of the New Jersey Attorney General during the administration of Democratic Governor Robert B. Meyner
, where he remained until 1960. In 1960, he left the Attorney General's Office and entered private practice in Cape May, New Jersey. From 1970 to 1971, he was the County Attorney for Cape May County. In 1971, he returned to the Attorney General's Office as the Assistant Attorney General for the State of New Jersey. In 1973, he was appointed a Judge of the Superior Court of New Jersey. He served in the trial divisions -- first in the law division then in the chancery division -- until 1980, when he was appointed as a Judge in the New Jersey Appellate Division.
Greenberg was nominated by U.S. President Ronald Reagan
to fill a seat on the Third Circuit court vacated by Leonard I. Garth
on February 11, 1987 and was confirmed by the United States Senate
on March 20, 1987. He received his commission on March 23, 1987 and assumed senior status
on the court on June 30, 2000. As a senior judge, he continues to hear cases. His seat was filled on April 4, 2006 by Michael Chagares
. When Judge Greenberg was first appointed to the Third Circuit, Michael Chagares was one of his first law clerks, so this is a rare example of a judge and his law clerk serving on the same court and even serving in the same seat.
In an opinion delivered by Judge Greenberg, the Third Circuit reversed finding that libraries are a "limited public fora." Given that the Library would not have been open without the consent of a majority of voters, the municipality had an interest in assuring the Library would be used for its intended purpose; "the communication of the written word." Libraries, by nature, are meant to be places of quiet thoughtful writing, reading or contemplation, and policies designed to protect the intended uses of libraries do not violate the constitution. Any patron who disrupted others and prevented them from using a library to the fullest extent through their actions or inactions (e.g. inability to maintain public hygiene standards) could be subject to expulsion.
for anti-trust violations in a case involving 3M's product scotch tape
, which 3M had a monopoly over. LePage's asserted that 3M was "bundling" its products together in order to maintain its advantage in the tape market. LePage's won a jury verdict, and 3M appealed to the Third Circuit Court of Appeals. The Court heard the case en banc
, with Judge Delores Sloviter writing the opinion affirming the verdict for LePage's. Judge Greenberg dissented from the full Court's opinion. He argued that companies should be able to give rebates to volume purchasers and that the majority was simply punishing 3M for being more efficient than LePage's. He was joined in his dissent by Chief Judge Anthony Joseph Scirica
and then-Judge (now Justice) Samuel Alito
.
. The U.S. Supreme Court eventually upheld this injunction on appeal. This preliminary injunction, however, only lasted until a full trial could be held. In 2007, the full trial was completed and the District Court ruled the law unconstitutional. The government appealed the decision to the Court of Appeals for the Third Circuit. The Third Circuit, in an opinion written by Judge Greenberg, held that the law was not "narrowly tailored" to achieve its purpose of protecting children from pornography. For example, web publishers would have to incur incur "high costs" in order to avoid prosecution, even when web publishers only served adults. The Supreme Court refused to hear an appeal from Judge Greenberg's ruling, making his decision the last word as to the constitutionality of the law.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
for the United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
. He was nominated by U.S. President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
on February 11, 1987 and was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on March 20, 1987.
Biography
Greenberg was born in Philadelphia, PennsylvaniaPhiladelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
in 1933 but moved to Atlantic City, New Jersey at a young age. After graduating high school, he attended the University of Pennsylvania
University of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...
where he received a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1954. He then attended Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
where he received an LL.B. in 1957. At Yale, he was a member of the Yale Law Journal
Yale Law Journal
The Yale Law Journal is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School...
.
After leaving Yale, he moved to Trenton, New Jersey, and began working in the Office of the New Jersey Attorney General during the administration of Democratic Governor Robert B. Meyner
Robert B. Meyner
Robert Baumle Meyner of Phillipsburg, New Jersey was an American Democratic Party politician, who served as the 44th Governor of New Jersey, from 1954 to 1962...
, where he remained until 1960. In 1960, he left the Attorney General's Office and entered private practice in Cape May, New Jersey. From 1970 to 1971, he was the County Attorney for Cape May County. In 1971, he returned to the Attorney General's Office as the Assistant Attorney General for the State of New Jersey. In 1973, he was appointed a Judge of the Superior Court of New Jersey. He served in the trial divisions -- first in the law division then in the chancery division -- until 1980, when he was appointed as a Judge in the New Jersey Appellate Division.
Greenberg was nominated by U.S. President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
to fill a seat on the Third Circuit court vacated by Leonard I. Garth
Leonard I. Garth
Judge Leonard I. Garth is a senior judge on the United States Court of Appeals for the Third Circuit.Garth was born in Brooklyn, New York, and graduated with a bachelor of arts from Columbia University in 1942. He served during World War II as a United States Army Lieutenant from 1943 to 1946...
on February 11, 1987 and was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on March 20, 1987. He received his commission on March 23, 1987 and assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on the court on June 30, 2000. As a senior judge, he continues to hear cases. His seat was filled on April 4, 2006 by Michael Chagares
Michael Chagares
Michael A. Chagares is a federal judge on the United States Court of Appeals for the Third Circuit.- Nomination and confirmation:...
. When Judge Greenberg was first appointed to the Third Circuit, Michael Chagares was one of his first law clerks, so this is a rare example of a judge and his law clerk serving on the same court and even serving in the same seat.
Kreimer v. Morristown
Richard R. Kreimer, a homeless man residing in various public places throughout Morristown, New Jersey, filed a pro se complaint in the District Court of New Jersey claiming that his expulsion from the Joint Free Public Library of Morristown and Morris Township was unconstitutional as it violated his First and Fourteenth Amendment rights. The District Court accepted Kreimer’s arguments holding that the Library’s rules and regulations (especially those requiring proper hygiene) violated the First Amendment as they were unconstitutionally overbroad and unconstitutionally vague. The Library’s polices violated the Fourteenth Amendment by making unconstitutional distinctions between patrons (i.e. against homeless persons).In an opinion delivered by Judge Greenberg, the Third Circuit reversed finding that libraries are a "limited public fora." Given that the Library would not have been open without the consent of a majority of voters, the municipality had an interest in assuring the Library would be used for its intended purpose; "the communication of the written word." Libraries, by nature, are meant to be places of quiet thoughtful writing, reading or contemplation, and policies designed to protect the intended uses of libraries do not violate the constitution. Any patron who disrupted others and prevented them from using a library to the fullest extent through their actions or inactions (e.g. inability to maintain public hygiene standards) could be subject to expulsion.
Dissent in LePage's v. 3M
LePage's sued 3M3M
3M Company , formerly known as the Minnesota Mining and Manufacturing Company, is an American multinational conglomerate corporation based in Maplewood, Minnesota, United States....
for anti-trust violations in a case involving 3M's product scotch tape
Scotch Tape
Scotch Tape is a brand name used for certain pressure sensitive tapes manufactured by 3M as part of the company's Scotch brand.- History :The precursor to the current tapes was developed in the 1930s in Minneapolis, Minnesota by Richard Drew to seal a then-new transparent material known as...
, which 3M had a monopoly over. LePage's asserted that 3M was "bundling" its products together in order to maintain its advantage in the tape market. LePage's won a jury verdict, and 3M appealed to the Third Circuit Court of Appeals. The Court heard the case en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
, with Judge Delores Sloviter writing the opinion affirming the verdict for LePage's. Judge Greenberg dissented from the full Court's opinion. He argued that companies should be able to give rebates to volume purchasers and that the majority was simply punishing 3M for being more efficient than LePage's. He was joined in his dissent by Chief Judge Anthony Joseph Scirica
Anthony Joseph Scirica
Anthony Joseph Scirica is a judge of the United States Court of Appeals for the Third Circuit. Born in 1940 in Norristown, Pennsylvania, Chief Judge Scirica graduated from Wesleyan University in 1962 and received his J.D. from University of Michigan Law School in 1965...
and then-Judge (now Justice) Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
.
ACLU v. Mukasey
In 1998, a federal District Court issued a preliminary injunction forbidding the U.S. government from implementing the new Child Online Protection ActChild Online Protection Act
The Child Online Protection Act was a law in the United States of America, passed in 1998 with the declared purpose of restricting access by minors to any material defined as harmful to such minors on the Internet...
. The U.S. Supreme Court eventually upheld this injunction on appeal. This preliminary injunction, however, only lasted until a full trial could be held. In 2007, the full trial was completed and the District Court ruled the law unconstitutional. The government appealed the decision to the Court of Appeals for the Third Circuit. The Third Circuit, in an opinion written by Judge Greenberg, held that the law was not "narrowly tailored" to achieve its purpose of protecting children from pornography. For example, web publishers would have to incur incur "high costs" in order to avoid prosecution, even when web publishers only served adults. The Supreme Court refused to hear an appeal from Judge Greenberg's ruling, making his decision the last word as to the constitutionality of the law.