Retired State Supreme Court Judge Robert I. Berdon, a First Amendment champion and death penalty abolitionist, died Thursday at the age of 89.
Berdon was an outspoken liberal voice on the Connecticut bench. Click here to read a New York Times story about the dissents he authored after Gov. Lowell Weicker appointed him to the state’s highest court.
We at the Independent, and in Connecticut media, owe Berdon a special debt of gratitude. As a state appellate judge, he issued a landmark ruling that expanded media protections, in a case called Dow v. New Haven Independent.
Berdon issued the ruling in 1987, when the Independent was a print weekly newspaper. A public official angered at an opinion expressed in an editorial sued the paper for libel (claiming for instance that it was factually incorrect that he had taken a “backward” stance against children with AIDS or had sought to thwart public scrutiny of his policies). At the time, such Strategic Lawsuits Against Public Participation (SLAPP) were commonly being used by people with power or wealth to silence criticism. Berdon dismissed the case through summary judgment before it could advance to trial. He also ruled that — even though no facts were incorrect in the editorial at issue — Connecticut’s constitution protects editorials that do contain factual errors when the targets are public officials. The ruling was considered influential in protecting media from expensive revenge lawsuits and was taught in law schools.
“A public official must expect, in a society that guarantees free speech, that at times he or she will be the subject of rhetorical hyperbole. Nevertheless, that alone cannot be the basis for an action for libel,” Berdon wrote.
“To punish the exercise of this right to discuss public affairs or to penalize it through libel judgments is to abridge or shut off discussion of the very kind most needed. This Nation, I suspect, can live in peace without libel suits based on public discussions of public affairs and public officials. But I doubt that a country can live in freedom where its people can be made to suffer physically or financially for criticizing their government, its actions, or its officials.”
Gov. Ned Lamont issued a statement praising Berdon.
“Justice Berdon dedicated his life in service to his state and his nation, beginning from his time when he enrolled in the U.S. Army during the Korean War, continuing through his election as State Treasurer and his eventual nomination to the bench,” Lamont was quoted as stating.
“Through the course of his career, he authored hundreds of opinions that have had a profound impact on the laws of our state. On behalf of the State of Connecticut, I want to thank Justice Berdon for the service he provided our state and I express my condolences to his family, friends, and colleagues in the Judicial Branch.”
Click here for a CT Mirror story reviewing more of Berdon’s career.
Berdon’s funeral is scheduled to take place at Congregation Mishkan Israel, 785 Ridge Rd., Hamden, on Monday, Nov. 4, starting at 10 a.m.
Contributions in his memory can be sent to William Tarr Charitable Trust, Berdon Social Justice Fund, c/o Stifel, 64 Wall St., Suite 100, Madison, CT 06443.
Following is an obituary distributed by Shure Funeral Home:
Justice Robert I. Berdon passed away peacefully in his home on October 31, 2019 surrounded by his family.
During his career as a judge, Justice Berdon was the author of many scholarly articles, numerous reported decisions, and the recipient of many professional awards. Justice Berdon was a stalwart advocate for individual rights, steadfast in his opposition to the death penalty, and committed to the perseverance of justice.
In the words of his colleague and close personal friend, the late Chief Justice Francis M. McDonald: “No review of Bob Berdon’s 133 majority, 18 concurring and over 400 dissenting opinions in the Supreme Court, his scholarly works and professional awards, however, can entirely reveal the spirit of… this man of compassion. conviction and courage.”
Justice Berdon was born in New Haven, Connecticut, to Jean and Louis Berdon. After graduating from the University of Connecticut with a Bachelor of Science in accounting, Justice Berdon served as a Lieutenant in the US Army during the Korean War. Upon receiving an honorable discharge, Justice Berdon worked briefly for the Bank of Manhattan in New York before enrolling in the University of Connecticut School of Law. After graduating from law school in 1957, Justice Berdon practiced law with his brother David (deceased) and Pasquale Young until his election to State Treasurer in 1971. In 1973 Justice Berdon was appointed to serve as a Judge of the Superior Court by Governor Meskill, where he served until his elevation to the Supreme Court by Governor Lowell Weicker.
In 1999 Justice Berdon retired from the Supreme Court but continued to serve the State of Connecticut as a Judge Trial Referee until his retirement in 2014. While serving as a Superior Court Judge, Justice Berdon obtained a Master’s in Law in Judicial Process from the University of Virginia School of Law and taught state constitutional law at the University of Bridgeport School of Law from 1986 until 1991.
Justice Berdon is survived by his son Peter, daughter-in-law Nancy and grandchildren, Sarah, Joshua and Sophia all of Branford. He was predeceased by his wife for 28 years, Nancy Tarr Berdon.
Funeral Services will be held at Congregation Mishkan Israel, 785 Ridge Rd., Hamden, CT, November 4, 2019, at 10:00 a.m. The family will receive friends and family immediately following the graveside service at 226 Pleasant Point Rd., Branford and again on Monday from 5 p.m. to 7 p.m. and Tuesday 5 to 7 p.m. Memorial contributions may be made to: William Tarr Charitable Trust — Robert I Berdon Social Justice Fund, c/o Stifel, 64 Wall St. Suite 100, Madison, CT 06443. Funeral Arrangements in care of Robert E. Shure & Son Funeral Home, New Haven.