Melville Nimmer
Encyclopedia
Melville Bernard Nimmer was an American
lawyer
and law professor, renowned as an expert in freedom of speech
and United States copyright law
.
Nimmer graduated from UCLA, UC Berkeley, and Harvard Law School
. He was admitted to the California State Bar in January 1951. He was professor at the UCLA School of Law
from 1962. One year later, he published the two-volume treatise that would become the leading secondary source on copyright law, Nimmer on Copyright. In 1984, he published a one-volume treatise on freedom of speech, titled appropriately Nimmer on Freedom of Speech: Treatise on Theory of First Amendment.
As a lawyer, he was best known as the winning attorney in the 1971 case Cohen v. California
. In Cohen, the Supreme Court of the United States
, by a 5-4 vote in an opinion written by Justice Harlan
, held that a state cannot criminalize
speech absent a "particularized and compelling reason." The Court struck down the conviction of a 19-year-old man who had walked into the Los Angeles courthouse with a shirt reading "Fuck
the Draft
." Cohen became one of the leading cases interpreting the First Amendment to the United States Constitution
protection of freedom of speech.
Melville Nimmer is the father of David Nimmer
, who has continued to author Nimmer on Copyright.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and law professor, renowned as an expert in freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and United States copyright law
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
.
Nimmer graduated from UCLA, UC Berkeley, and 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...
. He was admitted to the California State Bar in January 1951. He was professor at the UCLA School of Law
UCLA School of Law
The UCLA School of Law is the law school of the University of California, Los Angeles. It has been approved by the American Bar Association since 1950. It joined the Association of American Law Schools in 1952.- History :...
from 1962. One year later, he published the two-volume treatise that would become the leading secondary source on copyright law, Nimmer on Copyright. In 1984, he published a one-volume treatise on freedom of speech, titled appropriately Nimmer on Freedom of Speech: Treatise on Theory of First Amendment.
As a lawyer, he was best known as the winning attorney in the 1971 case Cohen v. California
Cohen v. California
Cohen v. California, 403 U.S. 15 was a United States Supreme Court case dealing with freedom of speech. The Court overturned a disturbing the peace conviction of a man wearing a jacket decorated with profanity.-Background of the case:...
. In Cohen, 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...
, by a 5-4 vote in an opinion written by Justice Harlan
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
, held that a state cannot criminalize
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
speech absent a "particularized and compelling reason." The Court struck down the conviction of a 19-year-old man who had walked into the Los Angeles courthouse with a shirt reading "Fuck
Fuck
"Fuck" is an English word that is generally considered obscene which, in its most literal meaning, refers to the act of sexual intercourse. By extension it may be used to negatively characterize anything that can be dismissed, disdained, defiled, or destroyed."Fuck" can be used as a verb, adverb,...
the Draft
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
." Cohen became one of the leading cases interpreting 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...
protection of freedom of speech.
Melville Nimmer is the father of David Nimmer
David Nimmer
David Nimmer is an American lawyer, law professor, renowned as an expert in United States copyright law. He received an A.B. with distinction and honors in 1977 from Stanford University and his J.D. in 1980 from Yale Law School, where he served as editor of the Yale Law Journal. David Nimmer is of...
, who has continued to author Nimmer on Copyright.