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Morris Ernst, a co-founder of the American Civil Liberties Union (ACLU) and legal counsel for Random House, played a pivotal role in defending James Joyce's Ulysses, helping to establish it as a "modern classic". His efforts not only revolutionised literary freedom but also cemented his reputation as a champion of civil liberties and free expression.
Born in 1888, Morris Ernst was a fervent advocate for civil rights and free speech. He co-founded the ACLU in 1920, an organisation dedicated to defending individual rights and liberties guaranteed by the Constitution. Ernst’s legal career was marked by numerous high-profile cases, but none as significant as the battle over Ulysses.
Ulysses, first published in 1922, was immediately controversial for its explicit content and innovative narrative style. The novel was banned in both the United States and the United Kingdom for obscenity. However, Bennett Cerf of Random House recognized its literary significance and was determined to publish it in the U.S. To achieve this, Cerf needed to overturn the ban, and he turned to Ernst for help.
Ernst orchestrated a bold legal strategy to challenge the ban. In 1932, Random House imported a copy of Ulysses, ensuring it would be seized by U.S. Customs. This action set the stage for a legal battle, leading to the landmark case "United States v. One Book Called Ulysses".
The trial took place in 1933, with Ernst arguing that Ulysses was not obscene but a serious literary work. He emphasised its artistic and cultural value, arguing that the book should be considered as a whole rather than judged by isolated passages. Ernst's defence was innovative, focusing on the novel’s contribution to modern literature rather than merely refuting the charges of obscenity.
Judge John M. Woolsey presided over the case and, in a groundbreaking decision, ruled in favour of Ernst and Random House. Woolsey declared that Ulysses was not obscene, stating that Joyce’s intent was to depict life realistically, not to corrupt readers. He praised the book's literary merit and recognised its importance as a work of modernist literature. This ruling allowed Ulysses to be legally published and sold in the United States for the first time.
The victory was a monumental achievement for Ernst and a significant moment in the history of literary freedom. It set a legal precedent that would protect future works of literature from censorship. Ernst’s successful defence of Ulysses was widely celebrated, highlighting his role as a defender of free expression and his ability to navigate and challenge the legal system effectively.
Morris Ernst’s efforts reinforced the principle that literature should be free from censorship. His work on this case remains a defining moment in the fight for intellectual and artistic freedom, showcasing his enduring legacy as a champion of civil liberties.
Welcome to the journey.
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