William Glendon
Encyclopedia
William R. Glendon was an American
attorney who specialized in issues relating to the First Amendment to the United States Constitution
and represented The Washington Post
in the Pentagon Papers
case.
Glendon was born in Medford, Massachusetts
and grew up in Stoneham, Massachusetts
. He attended College of the Holy Cross
and enlisted in the United States Navy
in 1941 following graduation. He served on a troop transport ship as a communications officer and earned five battle stars for his participation in the amphibious invasions of North Africa
, Italy
and the Normandy Landings. He left the Navy with the rank of lieutenant.
After ending his military service, he attended the Georgetown Law School
, graduating in 1947. He served as an assistant district attorney in Washington, D.C.
and joined the firm of Rogers & Wells
(now part of Clifford Chance
), and relocated to the firm's Manhattan
office in 1956.
In 1971, the Nixon Administration sought to suppress publication the of the Pentagon Papers, a top-secret history prepared by the United States Department of Defense
documenting American political and military involvement in Vietnam
from 1945 to 1967, citing claims that publication of the classified material could cause irreparable injury to the national interest. On this basis court injunctions were issued to prevent publication of the material in these documents by The New York Times
and The Washington Post.
Together with Alexander M. Bickel who was serving as chief counsel for The Times, Glendon appeared before the Supreme Court of the United States
in New York Times Co. v. United States
to argue that the government should not be allowed to exercise prior restraint
to prevent publication. Glendon argued in a response to Justice Byron R. White that "when you bring a case you are supposed to prove it, and when you come in claiming irreparable injury, particularly in this area of the First Amendment, you have a very, very heavy burden." The court, by a 6-to-3 majority, agreed.
In the 1977 securities fraud case Santa Fe Industries
Inc. v. Green, Glendon successfully argued that a party challenging a securities transaction permitted under state law must prove fraudulent deception and not just a breach of fiduciary responsibility.
Glendon was elected as mayor of Scarsdale, New York
in 1985. After a group of residents objected to a Nativity scene
that had been displayed on municipal property by a private group as a violation of the Establishment Clause of the First Amendment
, the village trustees voted to prohibit its display. Glendon personally supported the crèche, but acting as the village's attorney he argued on behalf of the ban in a series of court cases. In 1985, the Supreme Court voted 4 to 4 with a ninth judge absent, keeping intact the reversal of the decision by the United States Court of Appeals
which ruled that the village's ban amounted to an unconstitutional infringement on "religious speech", and allowing the crèche to be displayed after a five-year gap.
A resident of Scarsdale and Fishers Island
, Glendon died at age 89 on December 25, 2008 in White Plains, New York
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney who specialized in issues relating to the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and represented The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
in the Pentagon Papers
Pentagon Papers
The Pentagon Papers, officially titled United States – Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, is a United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967...
case.
Glendon was born in Medford, Massachusetts
Medford, Massachusetts
Medford is a city in Middlesex County, Massachusetts, in the United States, on the Mystic River, five miles northwest of downtown Boston. In the 2010 U.S. Census, Medford's population was 56,173...
and grew up in Stoneham, Massachusetts
Stoneham, Massachusetts
Stoneham is a town in Middlesex County, Massachusetts. Its population was 21,437 at the 2010 census, down from 22,219 in 2000. The town is the birthplace of Olympic figure skating medalist Nancy Kerrigan and is the home of the Stone Zoo.- History :...
. He attended College of the Holy Cross
College of the Holy Cross
The College of the Holy Cross is an undergraduate Roman Catholic liberal arts college located in Worcester, Massachusetts, USA...
and enlisted in the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
in 1941 following graduation. He served on a troop transport ship as a communications officer and earned five battle stars for his participation in the amphibious invasions of North Africa
North Africa
North Africa or Northern Africa is the northernmost region of the African continent, linked by the Sahara to Sub-Saharan Africa. Geopolitically, the United Nations definition of Northern Africa includes eight countries or territories; Algeria, Egypt, Libya, Morocco, South Sudan, Sudan, Tunisia, and...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
and the Normandy Landings. He left the Navy with the rank of lieutenant.
After ending his military service, he attended the Georgetown Law School
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
, graduating in 1947. He served as an assistant district attorney in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
and joined the firm of Rogers & Wells
Rogers & Wells
Rogers & Wells was a New-York based international law firm founded in 1873. After several name changes, it was renamed for William P. Rogers and John A. Wells. The firm was well known for its litigation arm...
(now part of Clifford Chance
Clifford Chance
Clifford Chance LLP is a global law firm headquartered in London, United Kingdom and a member of the 'Magic Circle' of leading UK law firms. It is one of the ten largest law firms in the world measured by both number of lawyers and revenue...
), and relocated to the firm's Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
office in 1956.
In 1971, the Nixon Administration sought to suppress publication the of the Pentagon Papers, a top-secret history prepared by the United States Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
documenting American political and military involvement in Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
from 1945 to 1967, citing claims that publication of the classified material could cause irreparable injury to the national interest. On this basis court injunctions were issued to prevent publication of the material in these documents by The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
and The Washington Post.
Together with Alexander M. Bickel who was serving as chief counsel for The Times, Glendon appeared before the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in New York Times Co. v. United States
New York Times Co. v. United States
New York Times Co. v. United States, 403 U.S. 713 , was a United States Supreme Court per curiam decision. The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censure.President Richard Nixon had...
to argue that the government should not be allowed to exercise prior restraint
Prior restraint
Prior restraint or prior censorship is censorship in which certain material may not be published or communicated, rather than not prohibiting publication but making the publisher answerable for what is made known...
to prevent publication. Glendon argued in a response to Justice Byron R. White that "when you bring a case you are supposed to prove it, and when you come in claiming irreparable injury, particularly in this area of the First Amendment, you have a very, very heavy burden." The court, by a 6-to-3 majority, agreed.
In the 1977 securities fraud case Santa Fe Industries
Santa Fe Industries
Santa Fe Industries was the diversified parent company, headquartered in Chicago, of the Atchison, Topeka and Santa Fe Railway. Formed in 1968, its non-railroad operations included construction, real estate, and energy units. In the early 1980s, after longtime head John Shedd Reed had been...
Inc. v. Green, Glendon successfully argued that a party challenging a securities transaction permitted under state law must prove fraudulent deception and not just a breach of fiduciary responsibility.
Glendon was elected as mayor of Scarsdale, New York
Scarsdale, New York
Scarsdale is a coterminous town and village in Westchester County, New York, United States, in the northern suburbs of New York City. The Town of Scarsdale is coextensive with the Village of Scarsdale, but the community has opted to operate solely with a village government, one of several villages...
in 1985. After a group of residents objected to a Nativity scene
Nativity scene
A nativity scene, manger scene, krippe, crèche, or crib, is a depiction of the birth of Jesus as described in the gospels of Matthew and Luke...
that had been displayed on municipal property by a private group as a violation of the Establishment Clause of the First Amendment
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
, the village trustees voted to prohibit its display. Glendon personally supported the crèche, but acting as the village's attorney he argued on behalf of the ban in a series of court cases. In 1985, the Supreme Court voted 4 to 4 with a ninth judge absent, keeping intact the reversal of the decision by the United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
which ruled that the village's ban amounted to an unconstitutional infringement on "religious speech", and allowing the crèche to be displayed after a five-year gap.
A resident of Scarsdale and Fishers Island
Fishers Island
Fishers Island, approximately 9 miles long and 1 mile wide, is located at the eastern end of Long Island Sound, 2 miles off the southeastern coast of Connecticut across Fishers Island Sound...
, Glendon died at age 89 on December 25, 2008 in White Plains, New York
White Plains, New York
White Plains is a city and the county seat of Westchester County, New York, United States. It is located in south-central Westchester, about east of the Hudson River and northwest of Long Island Sound...
.