Marjorie Heins
Encyclopedia
Marjorie Heins is an activist, writer, and founder of the Free Expression Policy Project (http://fepproject.org/), a U.S. based organization dedicated to exploring challenges to free expression from censorship
, media regulation, and intellectual property
laws. She began the project in 2000 while at the National Coalition Against Censorship
(NCAC).
Heins founded and directed the Arts Censorship Project at the American Civil Liberties Union
from 1991-1998, during the years in which arts censorship were a particularly controversial and active field. During that time, she worked on a number of high-profile arts censorship matters. Heins was co-counsel on the ACLU's Reno v. ACLU brief to the U.S. Supreme Court, which ultimately led to striking the Communications Decency Act
as an unconstitutional violation of the First Amendment
. Heins also worked on Karen Finley's
lawsuit against the National Endowment for the Arts
.
In the 1980s as staff counsel at the Massachusetts chapter of the ACLU, she litigated numerous civil rights matters, including LGBT
rights and free speech. One matter involved a litigation against Boston University
for the discharge of the Dean of Students on the basis of her complaints about discrimination on the part of the university. This story is told in Cutting the Mustard (1988).
Heins was chief of the Civil Rights Division of the Office of the Attorney General of Massachusetts
and visiting professor at Boston College Law School
. She was a journalist in the 1970s in San Francisco, and an anti-war activist during the Vietnam War
.
Heins was admitted to the New York bar in 1993 and the Massachusetts bar in 1978. She received her J.D. (magna cum laude) from Harvard Law School
in 1978, and a B.A., with distinction, from Cornell University
in 1967. She is currently an adjunct professor at New York University.
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
, media regulation, and intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
laws. She began the project in 2000 while at the National Coalition Against Censorship
National Coalition Against Censorship
The National Coalition Against Censorship , founded in 1974, is an alliance of 50 national non-profit organizations, including literary, artistic, religious, educational, professional, labor, and civil liberties groups...
(NCAC).
Heins founded and directed the Arts Censorship Project at the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
from 1991-1998, during the years in which arts censorship were a particularly controversial and active field. During that time, she worked on a number of high-profile arts censorship matters. Heins was co-counsel on the ACLU's Reno v. ACLU brief to the U.S. Supreme Court, which ultimately led to striking the Communications Decency Act
Communications Decency Act
The Communications Decency Act of 1996 was the first notable attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU, the United States Supreme Court struck the anti-indecency provisions of the Act.The Act was...
as an unconstitutional violation of the First Amendment
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...
. Heins also worked on Karen Finley's
Karen Finley
Karen Finley is an American performance artist, whose theatrical pieces and recordings have often been labelled "obscene" due to their graphic depictions of sexuality, abuse, and disenfranchisement...
lawsuit against the National Endowment for the Arts
National Endowment for the Arts
The National Endowment for the Arts is an independent agency of the United States federal government that offers support and funding for projects exhibiting artistic excellence. It was created by an act of the U.S. Congress in 1965 as an independent agency of the federal government. Its current...
.
In the 1980s as staff counsel at the Massachusetts chapter of the ACLU, she litigated numerous civil rights matters, including LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
rights and free speech. One matter involved a litigation against Boston University
Boston University
Boston University is a private research university located in Boston, Massachusetts. With more than 4,000 faculty members and more than 31,000 students, Boston University is one of the largest private universities in the United States and one of Boston's largest employers...
for the discharge of the Dean of Students on the basis of her complaints about discrimination on the part of the university. This story is told in Cutting the Mustard (1988).
Heins was chief of the Civil Rights Division of the Office of the Attorney General of Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
and visiting professor at Boston College Law School
Boston College Law School
Boston College Law School is one of the six professional graduate schools at Boston College. Located approximately 1.5 miles from the main Boston College campus in Chestnut Hill, Boston College Law School is situated on a wooded campus in Newton, Massachusetts.With approximately 800 students and...
. She was a journalist in the 1970s in San Francisco, and an anti-war activist during the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
.
Heins was admitted to the New York bar in 1993 and the Massachusetts bar in 1978. She received her J.D. (magna cum laude) from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 1978, and a B.A., with distinction, from Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...
in 1967. She is currently an adjunct professor at New York University.
Notable Cases Litigated
- Urofsky v. Gilmore, 216 F.3d 401 (4th Cir. 2000) (argued for professors challenging constitutionality of Virginia law restricting access to sexually explicit material on work computers)
- Finley v. National Endowment for the Arts, 100 F.3d 671 (9th Cir. 1996) (ACLU co-counsel for artists challenging NEA funding criteria as impermissibly vague)
- American Civil Liberties Union v. Reno, 929 F.Supp. 824 (E.D.Pa. 1996) (ACLU co-counsel for coalition challenging statuteCommunications Decency ActThe Communications Decency Act of 1996 was the first notable attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU, the United States Supreme Court struck the anti-indecency provisions of the Act.The Act was...
restricting "indecent speech" on the InternetInternetThe Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
)
Awards and honors
- Eli M. Oboler Award (2002, American Library AssociationAmerican Library AssociationThe American Library Association is a non-profit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with more than 62,000 members....
) for best published work in intellectual freedom for Not in Front of the Children (2001) - Luther McNair Award (1991, Civil Liberties Union of Massachusetts) for significant contributions to civil liberties
- "First Amendment Hero" (1992 & 1993, Boston Coalition for Freedom of Expression)
External links
- FEPProject.org at the NYU Brennan Center for JusticeBrennan Center for JusticeThe Brennan Center for Justice at New York University Law School is a non-partisan public policy and law institute that focuses on issues involving democracy and justice...