Robert D. Sack
Encyclopedia
Robert David Sack is a judge
on the United States Court of Appeals for the Second Circuit
.
. His father was Eugene Sack, who served as rabbi of Congregation Beth Elohim for 35 years. In 1989 he married his second wife, the lawyer Anne K. Hilker; he had been divorced from his first wife.
in 1963. He first clerked
for Judge Arthur Lane
of the United States District Court for the District of New Jersey
. In 1964, he joined Patterson, Belknap & Webb
, eventually becoming a partner
of the firm. During 1974, he served as Associate Special Counsel and Senior Associate Special Counsel for the House Judiciary Committee's impeachment inquiry into President Richard Nixon
. Following his government service, Sack returned to Patterson Belknap. In 1986, he joined the law firm of Gibson, Dunn & Crutcher
as as a partner. Throughout his career in private practice, Sack specialized in press law and represented numerous U.S. and foreign-based media companies.
In 1998, Sack was appointed to the United States Court of Appeals for the Second Circuit
by President Bill Clinton
, to a seat vacated by Judge Roger J. Miner
. Sack took senior status in August 2009.
Sack is a lecturer in law at Columbia Law School, where he teaches courses on the law of the media and the First Amendment, and is also a member of the Columbia Law School Board of Visitors. He also has served as a member of the advisory board of the Media Law Reporter and The Communications Lawyer, an ABA publication. Sack also served, earlier in his career, as a member of the board of directors on the National Council on Crime and Delinquency (1975-83); as a member of the board of directors of New York Lawyers for the Public Interest (1996-98); and as a commissioner of the New York City Commission on Public Information and Communication (1995-98).
• "Protection of Opinion Under the First Amendment: Reflections on Alfred Hill, 'Defamation and Privacy Under
the First Amendment,'" 100 Colum. L. Rev. 294 (2000)
• Advertising and Commercial Speech: A First Amendment Guide (1999) (co-author)
• "Hearing Myself Think: Some Thoughts on Legal Prose," 4 Scribbs Journal of Legal Writing 93 (1993)
United States v. Stewart, 590 F.3d 93 (2d Cir. 2009): Sack, writing for a majority of the panel, affirmed the convictions of Lynne Stewart
, the former attorney for "Blind Sheik" Omar Abdel-Rahman
, on various counts including conspiracy, providing material support to terrorists, and defrauding the U.S. government, arising out of her conduct in knowingly passing information between her client and his supporters in Egypt in violation of government-ordered "special administrative measures". The panel also vacated her sentence and remanded for re-sentencing in light of Stewart's possible perjury at her trial as well as intervening factual developments in the case.
Blanch v. Koons, 467 F.3d 244 (2d Cir. 2006): Sack, writing for the panel, affirmed the district court's decision that artist Jeff Koons
was protected by the doctrine of fair use
, and therefore not liable for copyright infringement
, when he incorporated a photographer's copyrighted photo of a woman's feet and lower legs into a larger collage painting, even though Koons had benefited commercially from the work.
Leebaert v. Harrington, 332 F.3d 134 (2d Cir. 2003): Sack, writing for the panel, decided that a public school's requirement that students attend health-education classes did not violate principles of substantive due process or religious rights of parents who disagreed with the school's curriculum.
Doe v. Department of Public Safety on Behalf of Henry C. Lee, 271 F.3d 38 (2d Cir. 2001): Sack, writing for the panel, held that a Connecticut sex-offender registration law violated the Due Process Clause of the Fourteenth Amendment, under a "stigma plus" theory, by authorizing public dissemination of information about sex offenders on the registry without first offering them an individualized hearing about whether they were likely to be dangerous.
DeStefano v. Emergency Housing Group, Inc., 247 F.3d 397 (2d Cir. 2001): Sack, writing for the panel, decided that a state does not violate the Establishment Clause of the First Amendment by providing public funding to a private facility that also offers Alcoholics Anonymous (AA) sessions, which are religious in nature, so long as the staff does not require clients to attend AA sessions.
McMenemy v. Rochester, N.Y., 241 F.3d 279 (2d Cir. 2001): Sack, writing for the panel, decided that Title VII of the Civil Rights Act of 1964 renders unlawful retaliation by an employer against an employee who opposes any unlawful employment practice involving any employer, not just the employee's own employer, so long as the employee establishes a causal connection between the retaliation and the employee's protected activity.
Commodity Futures Trading Commission v. Vartuli, 228 F.3d 94 (2d Cir. 2000): Sack, writing for the panel, concluded that a seller of an automatic-trading software program that instructs the user when to buy or sell currency futures is a "commodity trading advisor" under the Commodity Exchange Act (CEA), and that the Act, as applied to that seller, did not violate the First Amendment.
.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
on 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...
.
Personal
Sack was raised in Brooklyn, New YorkBrooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
. His father was Eugene Sack, who served as rabbi of Congregation Beth Elohim for 35 years. In 1989 he married his second wife, the lawyer Anne K. Hilker; he had been divorced from his first wife.
Professional
Sack graduated from the University of Rochester in 1960 and received his LL.B. degree from Columbia Law SchoolColumbia 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 1963. He first clerked
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for Judge Arthur Lane
Arthur Stephen Lane
Arthur Stephen Lane was a United States federal judge.Born in Arlington, Massachusetts, Lane received a B.A. from Princeton University in 1934, where he received the Moses Taylor Pyne Honor Prize, Princeton's highest undergraduate honor. He received an LL.B. from Harvard Law School in 1937...
of the United States District Court for the District of New Jersey
United States District Court for the District of New Jersey
The United States District Court for the District of New Jersey is the federal district court whose jurisdiction is the state of New Jersey....
. In 1964, he joined Patterson, Belknap & Webb
Patterson Belknap Webb & Tyler
Patterson Belknap Webb & Tyler LLP , founded in 1919, is a law firm headquartered in New York City.-Notable alumni:*Attorney General of the United States and former federal judge Michael B...
, eventually becoming a partner
Partnership
A partnership is an arrangement where parties agree to cooperate to advance their mutual interests.Since humans are social beings, partnerships between individuals, businesses, interest-based organizations, schools, governments, and varied combinations thereof, have always been and remain commonplace...
of the firm. During 1974, he served as Associate Special Counsel and Senior Associate Special Counsel for the House Judiciary Committee's impeachment inquiry into President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
. Following his government service, Sack returned to Patterson Belknap. In 1986, he joined the law firm of Gibson, Dunn & Crutcher
Gibson, Dunn & Crutcher
Gibson, Dunn & Crutcher is a global law firm, founded in Los Angeles in 1890. The firm is one of the most prestigious and selective in the nation, and ranks among the most successful firms globally. Gibson Dunn has nearly 1,000 attorneys and over 2,000 staff located in 17 offices around the world,...
as as a partner. Throughout his career in private practice, Sack specialized in press law and represented numerous U.S. and foreign-based media companies.
In 1998, Sack was appointed to 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...
by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
, to a seat vacated by Judge Roger J. Miner
Roger Miner
Roger Jeffrey Miner is a federal appellate judge serving on the United States Court of Appeals for the Second Circuit.After graduating from New York Law School, Miner practiced law for many years in Hudson, New York. He was corporation counsel for the City of Hudson from 1961 to 1964 and District...
. Sack took senior status in August 2009.
Sack is a lecturer in law at Columbia Law School, where he teaches courses on the law of the media and the First Amendment, and is also a member of the Columbia Law School Board of Visitors. He also has served as a member of the advisory board of the Media Law Reporter and The Communications Lawyer, an ABA publication. Sack also served, earlier in his career, as a member of the board of directors on the National Council on Crime and Delinquency (1975-83); as a member of the board of directors of New York Lawyers for the Public Interest (1996-98); and as a commissioner of the New York City Commission on Public Information and Communication (1995-98).
Publications
• Sack on Defamation: Libel, Slander and Related Problems (4th ed. 2010)• "Protection of Opinion Under the First Amendment: Reflections on Alfred Hill, 'Defamation and Privacy Under
the First Amendment,'" 100 Colum. L. Rev. 294 (2000)
• Advertising and Commercial Speech: A First Amendment Guide (1999) (co-author)
• "Hearing Myself Think: Some Thoughts on Legal Prose," 4 Scribbs Journal of Legal Writing 93 (1993)
Notable rulings
Barclays Capital, Inc. v. Theflyonthewall.com, -- F.3d --, 2011 WL 2437554, at *15 (2d Cir. June 20, 2011): Sack, writing for the panel, concluded that the tort of hot news misappropriation was preempted by the Copyright Act as applied to the facts of the instant case, which concerned a novel lawsuit by various investment banks, which publish and disseminate equity research reports, against a small Internet-based aggregator of stock tips which sold the investment banks' recommendations to its own clients.United States v. Stewart, 590 F.3d 93 (2d Cir. 2009): Sack, writing for a majority of the panel, affirmed the convictions of Lynne Stewart
Lynne Stewart
Lynne Irene Stewart is a former attorney who represented controversial, poor, and often unpopular defendants who was convicted on charges of conspiracy and providing material support to terrorists in 2005, and sentenced to 28 months in prison. Her felony conviction led to her being automatically...
, the former attorney for "Blind Sheik" Omar Abdel-Rahman
Omar Abdel-Rahman
Sheikh Omar Abdel-Rahman , commonly known in the United States as "The Blind Sheikh", is a blind Egyptian Muslim leader who is currently serving a life sentence at the Butner Medical Center which is part of the Butner Federal Correctional Institution in Butner, North Carolina, United...
, on various counts including conspiracy, providing material support to terrorists, and defrauding the U.S. government, arising out of her conduct in knowingly passing information between her client and his supporters in Egypt in violation of government-ordered "special administrative measures". The panel also vacated her sentence and remanded for re-sentencing in light of Stewart's possible perjury at her trial as well as intervening factual developments in the case.
Blanch v. Koons, 467 F.3d 244 (2d Cir. 2006): Sack, writing for the panel, affirmed the district court's decision that artist Jeff Koons
Jeff Koons
Jeffrey "Jeff" Koons is an American artist known for his reproductions of banal objects—such as balloon animals produced in stainless steel with mirror finish surfaces....
was protected by the doctrine of fair use
Fair use
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
, and therefore not liable for copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
, when he incorporated a photographer's copyrighted photo of a woman's feet and lower legs into a larger collage painting, even though Koons had benefited commercially from the work.
Leebaert v. Harrington, 332 F.3d 134 (2d Cir. 2003): Sack, writing for the panel, decided that a public school's requirement that students attend health-education classes did not violate principles of substantive due process or religious rights of parents who disagreed with the school's curriculum.
Doe v. Department of Public Safety on Behalf of Henry C. Lee, 271 F.3d 38 (2d Cir. 2001): Sack, writing for the panel, held that a Connecticut sex-offender registration law violated the Due Process Clause of the Fourteenth Amendment, under a "stigma plus" theory, by authorizing public dissemination of information about sex offenders on the registry without first offering them an individualized hearing about whether they were likely to be dangerous.
DeStefano v. Emergency Housing Group, Inc., 247 F.3d 397 (2d Cir. 2001): Sack, writing for the panel, decided that a state does not violate the Establishment Clause of the First Amendment by providing public funding to a private facility that also offers Alcoholics Anonymous (AA) sessions, which are religious in nature, so long as the staff does not require clients to attend AA sessions.
McMenemy v. Rochester, N.Y., 241 F.3d 279 (2d Cir. 2001): Sack, writing for the panel, decided that Title VII of the Civil Rights Act of 1964 renders unlawful retaliation by an employer against an employee who opposes any unlawful employment practice involving any employer, not just the employee's own employer, so long as the employee establishes a causal connection between the retaliation and the employee's protected activity.
Commodity Futures Trading Commission v. Vartuli, 228 F.3d 94 (2d Cir. 2000): Sack, writing for the panel, concluded that a seller of an automatic-trading software program that instructs the user when to buy or sell currency futures is a "commodity trading advisor" under the Commodity Exchange Act (CEA), and that the Act, as applied to that seller, did not violate the First Amendment.
Awards and honors
In May 2008, Sack was awarded the Learned Hand Medal for excellence in federal jurisprudence by the Federal Bar CouncilFederal Bar Council
The Federal Bar Council is an organization of lawyers who practice in federal courts within the Second Circuit. It is dedicated to promoting excellence in federal practice and fellowship among federal practitioners...
.