John M. Woolsey
Encyclopedia
John Munro Woolsey was a United States federal judge
in New York City
.
Born in Aiken, South Carolina
, Woolsey attended Phillips Academy
, and received an A.B.
from Yale University
in 1898. He was awarded an LL.B. from Columbia Law School
in 1901, where he was a founder of the Columbia Law Review. He continued his affiliation with the law school after receiving his degree, teaching equity and serving as a member and chairman of the law school's Board of Visitors. He also served Harvard Law School on its Advisory Commission on Research in International Law. In private practice from 1901 until 1929, John Woolsey was admiralty counsel to the French High Commission in New York City, and a member of a New York admiralty firm from 1920 until his appointment to the bench.
On April 18, 1929, Woolsey was nominated by President
Herbert Hoover
to a new seat on the United States District Court for the Southern District of New York
created by 45 Stat. 1317. He was confirmed by the United States Senate
on April 29, 1929, and received his commission the same day. Woolsey served as an active judge until taking what is now referred to as senior status
on December 31, 1943.
Judge Woolsey had a number of important decisions on freedom of expression. In United States v. One Obscene Book Entitled "Married Love" he found that a work by a physician on enhancing marital sexual relations was not obscene. In a similar case, United States v. One Book Entitled "Contraception", he held that a book containing information on birth control was not obscene or immoral, and therefore not subject to confiscation.
Woolsey's best-known decision was his 1933 ruling in United States v. One Book Called Ulysses
that James Joyce
's novel Ulysses
was not obscene and could lawfully be imported into the United States. This decision, which came about in a test case engineered by Bennett Cerf
of Random House
, was affirmed by a 2-1 vote of the United States Court of Appeals for the Second Circuit
in an opinion by Judge Augustus N. Hand
. Because Cerf reprinted Woolsey's opinion in all copies of Ulysses published by his firm, the opinion has been said to be the most widely distributed judicial opinion in history.
Woolsey also invalidated Executive Order 6102
, an Executive Order signed by President Franklin D. Roosevelt "forbidding the Hoarding of Gold Coin, Gold Bullion, and Gold Certificates". Woolsey's holding was on the technical grounds that the order was signed by the President, not the Secretary of the Treasury as required, and forced the Roosevelt administration to issue a new order under the signature of the Secretary of the Treasury, Henry Morgenthau, Jr.
Woolsey continued to serve in senior status until his death in 1945, in New York City
.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
.
Born in Aiken, South Carolina
Aiken, South Carolina
Aiken is a city in and the county seat of Aiken County, South Carolina, United States. With Augusta, Georgia, it is one of the two largest cities of the Central Savannah River Area. It is part of the Augusta-Richmond County Metropolitan Statistical Area. Aiken is home to the University of South...
, Woolsey attended Phillips Academy
Phillips Academy
Phillips Academy is a selective, co-educational independent boarding high school for boarding and day students in grades 9–12, along with a post-graduate year...
, and received an A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
in 1898. He was awarded an LL.B. from Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
in 1901, where he was a founder of the Columbia Law Review. He continued his affiliation with the law school after receiving his degree, teaching equity and serving as a member and chairman of the law school's Board of Visitors. He also served Harvard Law School on its Advisory Commission on Research in International Law. In private practice from 1901 until 1929, John Woolsey was admiralty counsel to the French High Commission in New York City, and a member of a New York admiralty firm from 1920 until his appointment to the bench.
On April 18, 1929, Woolsey was nominated by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Herbert Hoover
Herbert Hoover
Herbert Clark Hoover was the 31st President of the United States . Hoover was originally a professional mining engineer and author. As the United States Secretary of Commerce in the 1920s under Presidents Warren Harding and Calvin Coolidge, he promoted partnerships between government and business...
to a new seat on the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
created by 45 Stat. 1317. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on April 29, 1929, and received his commission the same day. Woolsey served as an active judge until taking what is now referred to as senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on December 31, 1943.
Judge Woolsey had a number of important decisions on freedom of expression. In United States v. One Obscene Book Entitled "Married Love" he found that a work by a physician on enhancing marital sexual relations was not obscene. In a similar case, United States v. One Book Entitled "Contraception", he held that a book containing information on birth control was not obscene or immoral, and therefore not subject to confiscation.
Woolsey's best-known decision was his 1933 ruling in United States v. One Book Called Ulysses
United States v. One Book Called Ulysses
United States v. One Book Called Ulysses was a 1933 case in the United States District Court for the Southern District of New York dealing with freedom of expression. At issue was whether James Joyce's novel Ulysses was obscene. In deciding it was not, Judge John M...
that James Joyce
James Joyce
James Augustine Aloysius Joyce was an Irish novelist and poet, considered to be one of the most influential writers in the modernist avant-garde of the early 20th century...
's novel Ulysses
Ulysses (novel)
Ulysses is a novel by the Irish author James Joyce. It was first serialised in parts in the American journal The Little Review from March 1918 to December 1920, and then published in its entirety by Sylvia Beach on 2 February 1922, in Paris. One of the most important works of Modernist literature,...
was not obscene and could lawfully be imported into the United States. This decision, which came about in a test case engineered by Bennett Cerf
Bennett Cerf
Bennett Alfred Cerf was a publisher and co-founder of Random House. Cerf was also known for his own compilations of jokes and puns, for regular personal appearances lecturing across the United States, and for his television appearances in the panel game show What's My Line?.-Biography:Bennett Cerf...
of Random House
Random House
Random House, Inc. is the largest general-interest trade book publisher in the world. It has been owned since 1998 by the German private media corporation Bertelsmann and has become the umbrella brand for Bertelsmann book publishing. Random House also has a movie production arm, Random House Films,...
, was affirmed by a 2-1 vote of the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
in an opinion by Judge Augustus N. Hand
Augustus Noble Hand
Augustus Noble Hand was an American judge who served on the United States District Court for the Southern District of New York and later on the United States Court of Appeals for the Second Circuit. His most notable rulings restricted the reach of obscenity statutes in the areas of literature and...
. Because Cerf reprinted Woolsey's opinion in all copies of Ulysses published by his firm, the opinion has been said to be the most widely distributed judicial opinion in history.
Woolsey also invalidated Executive Order 6102
Executive Order 6102
Executive Order 6102 is an Executive Order signed on April 5, 1933, by U.S. President Franklin D. Roosevelt "forbidding the Hoarding of Gold Coin, Gold Bullion, and Gold Certificates within the continental United States"...
, an Executive Order signed by President Franklin D. Roosevelt "forbidding the Hoarding of Gold Coin, Gold Bullion, and Gold Certificates". Woolsey's holding was on the technical grounds that the order was signed by the President, not the Secretary of the Treasury as required, and forced the Roosevelt administration to issue a new order under the signature of the Secretary of the Treasury, Henry Morgenthau, Jr.
Henry Morgenthau, Jr.
Henry Morgenthau, Jr. was the U.S. Secretary of the Treasury during the administration of Franklin D. Roosevelt. He played a major role in designing and financing the New Deal...
Woolsey continued to serve in senior status until his death in 1945, in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
.