New Trial for Socrates

Talk about moot. On Sept. 16, Supreme Court Justice Samuel Alito Jr. and four other judges will hear the appeal of a verdict that was first rendered, oh, about 2,400 years ago -- at the trial of Socrates. The argument will take place at the Sidney Harman Hall of the Shakespeare Theatre Company in Washington, D.C.

To refresh your memory, the philosopher Socrates was put on trial in 399 B.C. on charges of corrupting youth and preaching godlessness. In spite of -- or because of -- Socrates' impassioned and defiant three-hour apologia, the jury found Socrates guilty by a vote of 280 to 221 (give or take a few) and condemned him to death. Socrates did not flee, as his friends suggested, but within hours of the verdict voluntarily drank the poisoned hemlock and died at age 70.

The appeal that Socrates never took will be argued by veteran defense lawyer Abbe Lowell of McDermott, Will and Emery and the venerable Abe Krash of Arnold and Porter. Arguing against Socrates for the city of Athens will be Pantelis Michalopoulos and Betty Jo Christian of Steptoe and Johnson.

For more on the trial, we caught up with Michalopoulos by phone from -- of all places -- Athens. "I wish I could say I am doing field research for the trial, but I am not." Michalopoulos, a native of Greece, acknowledges his side in the appeal of Socrates has the toughest task ahead. "Socrates has had excellent public relations over the millennia," he says. "We will be laboring against this bias." In fact, during a dry run of the case last December, Socrates won unanimously, Michalopoulos says. "I don't want to give away the show, but we will argue that he was teaching anti-democratic ideals."

What about freedom of speech? Michalopoulos said he is sure Socrates' lawyers will base their defense on that concept, but "then as now, freedom of speech is not an absolute defense." By debating the case of Socrates, he says the current tension between free speech and national security will be illuminated. "These issues have never lost their relevance."

Joining Alito on the appellate panel will be Paul Michel, chief judge of the U.S. Court of Appeals for the Federal Circuit; D.C. Circuit Judge Brett Kavanaugh; and D.C. District Court Judges Richard Leon and Rosemary Collyer.