| George Anastaplo | |
| Birth Date: | 7 November 1925 |
| Death Place: | Chicago, Illinois |
| Occupation: | Professor and author |
| Known For: | Supreme Court case, In re Anastaplo |
George Anastaplo (November 7, 1925 – February 14, 2014)[1] was a professor at Loyola University Chicago School of Law and author who was famously denied admission for many years to the Illinois Bar. The denial of his admission became a Supreme Court case, In re Anastaplo, in which he insisted that the First Amendment of the U.S. Constitution protects the privacy of political affiliations, specifically, his refusal to answer questions about membership in the Communist Party. Anastaplo's stand was based on constitutional principles and his consequent rejection of McCarthyism, and nobody alleged that he had been a member of the Communist Party. The Supreme Court's majority upheld the lower courts' ruling in favor of the Illinois Bar, with Justice Hugo Black dissenting. After his Supreme Court case and denial of admission to the Bar, Anastaplo supported his family by teaching at the University of Chicago and other universities and colleges. He wrote many articles and books on philosophy, many of which acknowledged the influence of his teacher, Leo Strauss.[2] [3]
The son of Greek immigrants, Anastaplo served in the United States Army Air Corps during World War II as a navigator of B-17s and B-29s.[2] [3] After the war he attended the University of Chicago where he earned his B.A. in 1948 and his J.D. in 1951.[4] Even while a law student, Anastaplo attended the lectures and seminars of Leo Strauss.
After he had passed the Bar Exam, Anastaplo was asked a series of questions typical during the age of the Red Scare. He was asked whether members of the Communist Party should be allowed to enter the Bar and so be able to practice law, to which he replied yes.[3] This prompted a series of questions where the interviewers asked him about the nature of Communism in America to which he retorted that political dissent and even the right of revolution were part of the American constitutional heritage.[3] When asked whether he was a Communist, Anastaplo replied that freedom of association was guaranteed by the First Amendment, and that it was improper for the Bar to ask about political affiliations of applicants.[2] [3]
He continued to refuse to answer the question and eventually sued the Bar association, which countersued him. Almost a decade later the case reached the Supreme Court.[3] In 1961 Professor Leo Strauss bolstered Anastaplo's spirits when he was petitioning for admission to the Illinois Bar by writing the two-sentence letter: "This is only to pay you my respects for your brave and just action. If the American Bench and Bar have any sense of shame they must come on their knees to apologize to you."[2]
Anastaplo argued the case himself before the U.S. Supreme Court, losing the case but praised by Justice Hugo Black in his dissent.
Justice Black's dissent In re Anastaplo would "immortalize Anastaplo", said Justice Brennan upon reading it. Black's dissent was read at Black's funeral, by his instructions.
Although he had lost the case, he became a figure of American liberty everywhere. He was described as the "Socrates of Chicago". He spoke all around the country about the importance of liberties. He taught liberal arts courses for nearly sixty years at the University of Chicago's Graham School of Continuing Liberal and Professional Studies. He also taught at Rosary College and the University of Dallas. He eventually became a professor at Loyola University Chicago School of Law. He also authored books that outline his experience and the impact it had.[3]
Anastaplo, a resident of Hyde Park, Chicago, died February 14, 2014, of prostate cancer.[1] He was survived by his wife of 65 years, Sara Jacqueline Prince Anastaplo, four children (Helen Scharbach Newlin (née Helen Margaret Anastaplo), George Malcolm Davidson Anastaplo, Miriam Irene Redleaf (née Sara Maria Anastaplo), and Theodora McShan Anastaplo), and eight grandchildren.