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Harvey Silverglate

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Harvey Silverglate

Harvey Allen Silverglate (born May 10, 1942) is a retired American attorney, journalist, writer, and a co-founder of the Foundation for Individual Rights and Expression (FIRE).

Silverglate was a member of the board of the Massachusetts chapter of the American Civil Liberties Union and also taught at Harvard Law School, the University of Massachusetts Boston, and at the Cambridge Rindge and Latin School.

He was an attorney in Cambridge, Massachusetts. He practiced in academic freedom, civil liberties, criminal defense, and students' rights cases. He also co-founded FIRE with Alan Charles Kors.

Born in New York City, Silverglate graduated in 1960 from Bogota High School in Bogota, New Jersey. He holds degrees from Princeton University (cum laude, 1964) and Harvard Law School (1967). He is a practicing attorney, specializing in civil liberties litigation, criminal defense, academic freedom, and students' rights cases. He was in the role of Of Counsel to the Boston-based law firm Zalkind Duncan & Bernstein.

Among his more prominent clients was John Eastman, a fellow attorney controversial for his service to Donald Trump.

In addition to his law practice, Silverglate is also a journalist and writer. He was a columnist for the Boston Phoenix, writing on politics, law, and civil liberties. He also wrote a regular column for Forbes.com, and has written columns and op-eds for the Wall Street Journal, the Boston Globe, the Los Angeles Times, the National Law Journal, Reason magazine, Massachusetts Lawyers Weekly, and other publications. He authored two books, The Shadow University: The Betrayal of Liberty on America's Campuses (co-authored with Alan Charles Kors) and Three Felonies a Day, which details the extension of vague federal criminal laws into daily conduct that would not be readily seen as criminal.

Silverglate was a featured speaker at a rally by Demand Progress in memory of Aaron Swartz and wrote an op-ed for Massachusetts Lawyers Weekly about Swartz's prosecution by the U.S. Attorney's Office. Lawyers familiar with the case told him the Middlesex County District Attorney's plan had been to resolve Swartz's case by having it "...continued without a finding, with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner." As he explained to CNET's Declan McCullagh:

Under such a disposition, the charge is held in abeyance ("continued") without any verdict ("without a finding"). The defendant is on probation for a period of a few months up to maybe a couple of years at the most; if the defendant does not get into further legal trouble, the charge is dismissed, and the defendant has no criminal record. This is what the lawyers expected to happen when Swartz was arrested.

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