Morris Leopold Ernst
Morris Leopold Ernst was a prominent American attorney and writer renowned for his advocacy against censorship and defense of civil liberties. Born in Alabama and later moving to New York City, Ernst pursued law while working various jobs, ultimately earning his law degree in 1912. He co-founded the law firm Greenbaum, Wolff and Ernst in 1915 and became a notable figure in civil rights litigation, particularly in cases involving obscenity and censorship. Throughout his career, Ernst authored numerous books and articles, becoming a recognized authority on the laws surrounding censorship, libel, and obscenity.
One of his landmark achievements was successfully challenging the customs ban on James Joyce's "Ulysses," arguing for its recognition as literature, which significantly influenced American censorship law. Ernst also fought for reproductive rights as general counsel for the Planned Parenthood Federation, opposing laws that restricted access to birth control information. His extensive legal work and writings contributed to the broader movement for artistic and literary freedom, marking him as a pivotal figure in the defense of First Amendment rights in the United States.
Subject Terms
Morris Leopold Ernst
Identification: American lawyer and author
Significance: One of the most important civil liberties lawyers of the twentieth century, Ernst specialized in censorship law and cases involving literary and reproductive freedom
When Ernst was two years old, his father moved the family from Alabama to New York City, where he became active in real estate. Ernst attended the New York City public schools and earned a B.A. from Williams College in 1909. While working as a bookkeeper and salesman for shirt manufacturers and furniture stores he attended law school at night, earning a LL.B degree in 1912. He was admitted to the bar the following year, and in 1915 cofounded the firm of Greenbaum, Wolff and Ernst, where he was active until his death.
In 1927, after Ernst lost a book censorship case involving the U.S. Customs Service, he determined to master this field. He eventually wrote more than two dozen books, nearly half with collaborators, and hundreds of articles for general and professional publications. His writings earned him a reputation as an expert on the laws of libel, obscenity, and especially censorship. In 1928 he published To the Pure: A Study in Obscenity and the Censor, coauthored with William Seagle, in which he argued that it was impossible to define obscenity and that all attempts at censorship were irrational. Censored: The Private Life of the Movies (1930), written with Pare Lorentz, criticized the development of movie censorship. The Censor Marches On: Recent Milestones in the Obscenity Laws in the United States (1940), with Alexander Lindley, surveyed important censorship cases. His 1964 Censorship: The Search for the Obscene, coauthored with Allan Schwarz, described court decisions on the topic from 1821 to 1963.
Ernst’s books brought him a succession of notable censorship cases, all of which he won. His best-known case involved the effort to reverse the customs ban that prohibited import of James Joyce’s Ulysses into the United States. Ernst’s argument that the book should be considered in its entirety as a work of literature convinced federal district judge John M. Woolsey, whose eloquent opinion permitting import and publication of the book became a classic statement of American censorship law. Other significant victories won the right of general sale for Margaret Sanger’s Birth Control, Dr. Marie Stopes’s Married Love, and Radclyffe Hall’s The Well of Loneliness.
Ernst fought government censorship of all types. As co-general counsel of the American Civil Liberties Union from 1929 to 1954 he vigorously attacked literary censorship. He argued that because no generally acceptable definition of obscenity was possible, all prosecutions were arbitrary, and speech about sex deserved full constitutional protection. As general counsel for the Planned Parenthood Federation from 1929 to 1960 he attacked laws restricting distribution of birth control information or devices. More than any other lawyer of his generation, Ernst led the fight for literary, artistic, and reproductive freedom.