# Marjorie Heins

Marjorie Heins (born 1946) is a First Amendment lawyer, writer and founder of the Free Expression Policy Project.

## Education

Heins received a B.A., with distinction, from Cornell University in 1967. She received her J.D. (magna cum laude) from Harvard Law School in 1978. She was admitted to the bar of Massachusetts in 1978 and New York in 1993.

## Career

Heins started as a journalist in the 1970s in San Francisco with publications including the underground San Francisco Express Times. She was also an anti-war activist during the Vietnam War.

### American Civil Liberties Union

In the 1980s as staff counsel at the Massachusetts chapter of the American Civil Liberties Union (ACLU), Heins litigated numerous civil rights matters, including LGBT rights and free speech. One matter involved a litigation against Boston University for the discharge of the dean of students on the basis of her complaints about discrimination on the part of the university. This story is told in Cutting the Mustard (1988). Heins also investigated the Boston Police Department's treatment of the notorious Carol Stuart murder case, in which a white man murdered his wife but claimed to be a victim of a carjacking by an African American man.
From 1989 to 1991, she served as editor-in-chief of the Massachusetts Law Review. In 1991–92, she was chief of the Civil Rights Division at the Massachusetts Attorney General's Office.
She founded and directed the Arts Censorship Project at the American Civil Liberties Union from 1991 to 1998, during the years in which arts censorship were a particularly controversial and active field. During that time, she worked on a number of high-profile arts censorship matters. Heins was co-counsel on the ACLU's Reno v. ACLU brief to the U.S. Supreme Court, which led to its striking down the Communications Decency Act as a violation of the First Amendment. Heins was also co-counsel on Karen Finley's landmark lawsuit against the National Endowment for the Arts, National Endowment for the Arts v. Finley.

### Academics

Heins has taught at Boston College Law School, Florida State University College of Law, the University of California-San Diego (UCSD), New York University (NYU), Tufts University, and the American University of Paris.
At UCSD, she created courses in "Censorship, Culture and American Law" and "Political Repression and the Press: Red Scares in U.S. History and Law." At NYU, she taught "Censorship and American Culture." At the American University of Paris, she taught "Free Expression and the Media: Policy and Law."
She was a fellow at NYU's Brennan Center for Justice, 2004–2007. In 2011, she was a fellow at NYU's Frederic Ewen Academic Freedom Center while researching her book, Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge.
She is currently an adjunct professor in the Department of Media, Culture, and Communication of NYU's Steinhardt School of Culture, Education, and Human Development. She is also a docent in the Impressionism/Post-Impressionism collection at the Metropolitan Museum of Art.

## Cases Litigated

Heins' litigation includes:
* Urofsky v. Gilmore, 216 F.3d 401 (4th Cir. 2000) (argued for professors challenging constitutionality of Virginia law restricting access to sexually explicit material on work computers)
* National Endowment for the Arts v. Finley, 524 U.S. 569 (1998) (ACLU co-counsel for artists challenging NEA funding criteria as impermissibly viewpoint-based and vague)
* Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) (ACLU co-counsel for coalition challenging Communications Decency Act, which restricted "indecent" speech on the Internet)