The "Right to Counsel" in Political Cases: The Bar's Failure

Abstract

Throughout American history, the few lawyers willing to appear in unpopular political cases have been forced to endure blistering personal and professional attacks for their efforts. These attacks continue today. In the face of such attacks, the vast majority of American lawyers avoid political cases. Most lawyers support the attacks-either by actually joining in the attacks or by looking the other way when others make them. Unless there is a change in the bar's attitude and conduct, unpopular political clients will face a severe shortage of competent legal representation because very few able lawyers will be willing to endure the attacks. To illustrate my point, I would like to refer to my own experience in the Skokie case.1 In that case, a small group of self-styled Nazis sought to picket the village hall in Skokie, Illinois, a predominantly Jewish community. Skokie became the subject of intense public interest because it is the residence of a comparatively large number of concentration camp survivors and survivors of Nazi-occupied Europe. The Nazis stated that all they planned to do was to protest an insurance bond requirement blocking their use of Skokie's public parks. They planned to appear in storm trooper uniforms and display the swastika.