Overruled

383 U.S. 413 (1966) A BOOK NAMED “JOHN CLELAND’S MEMOIRS OF A WOMAN OF PLEASURE” ET AL. v. ATTORNEY GENERAL OF MASSACHUSETTS. No. 368. Supreme Court of United States. Argued December 7-8, 1965. Decided March 21, 1966. APPEAL FROM THE SUPREME JUDICIAL COURT OF MASSACHUSETTS. *414 Charles Rembar argued the cause and filed briefs for appellants. William I. Cowin, Assistant Attorney General of Massachusetts, argued the cause for appellee. With him on the brief were Edward W. Brooke, Attorney General, and John E. Sullivan, Assistant Attorney General. Charles H. Keating, Jr., and James J. Clancy filed a brief for Citizens […]

READ MORE


388 U.S. 452 (1967) A QUANTITY OF COPIES OF BOOKS ET AL. v. KANSAS. No. 865. Supreme Court of United States. Decided June 12, 1967. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF KANSAS. Stanley Fleishman for petitioners. Robert C. Londerholm, Attorney General of Kansas, for respondent. PER CURIAM. The petition for a writ of certiorari is granted and the judgment of the Supreme Court of Kansas is reversed. Redrup v. New York, 386 U. S. 767. THE CHIEF JUSTICE would grant the petition and set the case for oral argument in light of A Quantity of […]

READ MORE


388 U.S. 447 (1967) ADAY ET AL. v. UNITED STATES.   No. 149. Supreme Court of United States.   Decided June 12, 1967. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.Stanley Fleishman for petitioners. Solicitor General Marshall for the United States. Melvin L. Wulf, Rolland R. O’Hare and Erwin B. Ellmann for the American Civil Liberties Union et al., and Horace S. Manges for the American Book Publishers Council, Inc., as amici curiae, in support of the petition. Charles H. Keating, Jr., and James J. Clancy for Citizens for Decent Literature, […]

READ MORE


1963- On September 14, approximately 200 black and white demonstrators were arrested while picketing and protesting outside a segregated movie theater in downtown Tallahassee, FL. Later that night, in an act of solidarity with those who had been imprisoned, 99 Florida A & M students gathered in the driveway of the Leon County Jailhouse. The students sang and clapped until the sheriff ordered them to disperse. Over 100 students refused the order and were charged with violating Florida code section 821.18. Thirty-two students were subsequently convicted. Section 821.18 reads: "Every trespass upon the property of another, committed with a malicious and mischievous intent, the punishment of which is not specially provided for, shall be punished by imprisonment not exceeding three months, or by fine not exceeding one hundred dollars." Fla. Stat. 821.18 (1965).

READ MORE


The Communist Party of the United States of America failed to register with the Attorney General as required by the order of the Subversive Activities Control Board *72 sustained in Communist Party of the United States v. SACB, 367 U. S. 1.[1] Accordingly, no list of Party members was filed as required by § 7 (d) (4) of the Subversive Activities Control Act of 1950, 64 Stat. 993-994, 50 U. S. C. § 786 (d) (4) (1964 ed.).[2] Sections 8 (a) and (c) of the Act provide that, in that circumstance, each member of the organization must register and file a registration statement; in default thereof, § 13 (a) authorizes the Attorney General to petition the Board for an order requiring the member to register.[3] The *73 Attorney General invoked § 13 (a) against petitioners, and the Board, after evidentiary hearings, determined that petitioners were Party members and ordered each of them to register pursuant to §§ 8 (a) and (c). Review of the orders was sought by petitioners in the Court of Appeals for the District of Columbia Circuit under § 14 (a).[4] The Court of Appeals affirmed the orders, 118 U. S. App. D. C. 117, 332 F. 2d 317. We granted certiorari, 381 U. S. 910. We reverse.[5]

READ MORE


Overruled

About the Logan Valley Plaza: The Plaza is a large shopping mall located near the city of Altoona, Pennsylvania. The shopping center directly abuts Plank Road to the east and Goods Lane to the South. Plan Road, otherwise known as U.S. Route 220, is a heavily traveled, high speed highway. There are five entrances to the Plaza: three from Plank Road and two from Goods Lane. At the time of the case, the Plaza was occupied by two businesses, Weis Markets, Inc. and Sears, Roebuck and Co. About Weis: Weis Markets, Inc. owns and operates supermarkets through out the United States. Weis owns an enclosed supermarket building in Logan Valley Plaza. The property includes an open pick-up porch, where Weis consumers can temporarily park and load groceries into their automobiles. About Amalgamated Food Employees Union, Local 590: AFEU 590 is a local food employees union. The members of the union were employed by competitors of Weis.

READ MORE


Petitioner was sentenced to six months in prison and fined $3,000 for printing a pamphlet found to be prohibited by the common law of criminal libel in Kentucky. The Kentucky Court of Appeals, with three judges dissenting, affirmed petitioner's conviction. 405 S. W. 2d 562. We granted certiorari (382 U. S. 971) and reverse.

READ MORE


Companion case to Curtis Pub. Co. v. Butts, 388 U.S. 130 (1967).

READ MORE


388 U.S. 446 (1967) AVANSINO ET AL. v. NEW YORK.   No. 72. Supreme Court of United States.   Decided June 12, 1967. ON PETITION FOR WRIT OF CERTIORARI TO THE APPELLATE TERM OF THE SUPREME COURT OF NEW YORK, FIRST JUDICIAL DEPARTMENT.Eugene Gressman for petitioners. Frank S. Hogan for respondent. PER CURIAM. The petition for a writ of certiorari is granted and the judgment of the Appellate Term of the Supreme Court of New York, First Judicial Department, is reversed. Redrup v. New York, 386 U. S. 767. THE CHIEF JUSTICE and MR. JUSTICE CLARK would affirm. Mishkin v. […]

READ MORE


A law of the State of New York requires local public school authorities to lend textbooks free of charge to all students in grades seven through 12; students attending private schools are included. This case presents the question whether this statute is a "law respecting an establishment of religion, or prohibiting the free exercise thereof," and so in conflict with the First and Fourteenth Amendments to the Constitution, because it authorizes the loan of textbooks to students attending parochial schools. We hold that the law is not in violation of the Constitution.

READ MORE


The question presented in this case is whether the Georgia House of Representatives may constitutionally exclude appellant Bond, a duly elected Representative, from membership because of his statements, and statements to which he subscribed, criticizing the policy of the Federal Government in Vietnam and the operation of the Selective Service laws. An understanding of the circumstances of the litigation requires a complete presentation of the events and statements which led to this appeal.

READ MORE


388 U.S. 449 (1967) BOOKS, INC. v. UNITED STATES.   No. 323. Supreme Court of United States.   Decided June 12, 1967. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT.Stanley Fleishman for petitioner. Solicitor General Marshall, Assistant Attorney General Vinson, Robert S. Erdahl and Marshall Tamor Golding for the United States. PER CURIAM. The petition for a writ of certiorari is granted and the judgment of the United States Court of Appeals for the First Circuit is reversed. Redrup v. New York, 386 U. S. 767. THE CHIEF JUSTICE would grant […]

READ MORE


Appellants brought this action for declaratory and injunctive relief in the District Court for the Southern District of Mississippi. They sought a judgment declaring that the Mississippi Anti-Picketing Law[1] is an overly *613 broad and vague regulation of expression, and therefore void on its face. They also sought a permanent injunction restraining appellees—the Governor and other Mississippi officials—from enforcing the statute in pending or future criminal prosecutions or otherwise, alleging that the then pending prosecutions against them for violating the statute[2] were part of a plan of selective enforcement engaged in by appellees with no expectation of securing convictions, but solely to discourage appellants from picketing to protest racial discrimination in voter registration and to encourage Negro citizens to attempt to register to vote.

READ MORE


Petitioners are identified with a "white supremacist" organization called the National States Rights Party. They held a public assembly or rally near the courthouse steps in the town of Princess Anne, the county seat of Somerset County, Maryland, in the evening of August 6, 1966. The authorities did not attempt to interfere with the rally. Because of the tense atmosphere which developed as the meeting progressed, about 60 state policemen were brought in, including some from a nearby county. They were held in readiness, but for tactical reasons only a few were in evidence at the scene of the rally.

READ MORE


389 U.S. 50 (1967) CENTRAL MAGAZINE SALES, LTD. v. UNITED STATES.   No. 368. Supreme Court of United States.   Decided October 23, 1967. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT.Richard Lipsitz for petitioner. Solicitor General Marshall, Assistant Attorney General Vinson and Jerome M. Feit for the United States. PER CURIAM. The petition for a writ of certiorari is granted and the judgment of the United States Court of Appeals for the Fourth Circuit is reversed. Redrup v. New York, 386 U. S. 767. MR. JUSTICE HARLAN concurs in the […]

READ MORE


389 U.S. 89 (1967) CHANCE v. CALIFORNIA.   No. 306, Misc. Supreme Court of United States.   Decided November 6, 1967. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO.Marshall W. Krause for petitioner. Thomas C. Lynch, Attorney General of California, and Robert R. Granucci and Michael J. Phelan, Deputy Attorneys General, for respondent. PER CURIAM. The motion to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is reversed. Redrup v. New York, 386 U. S. 767. MR. JUSTICE HARLAN would affirm for the reasons […]

READ MORE


393 U.S. 256 (1968) CLARK, ATTORNEY GENERAL, ET AL. v. GABRIEL. No. 572. Supreme Court of United States. Decided December 16, 1968. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA. Solicitor General Griswold, Assistant Attorney General Weisl, Morton Hollander, and Robert V. Zener for appellants. Norman Leonard for appellee. PER CURIAM. Appellee’s draft Board rejected his claim to classification as a conscientious objector and classified him I-A. His appeals within the Selective Service System were unsuccessful. After he was ordered to report for induction he brought an action in the United States District *257 Court […]

READ MORE


388 U.S. 443 (1967) COBERT v. NEW YORK.   No. 21. Supreme Court of United States.   Decided June 12, 1967. ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEALS OF NEW YORK.Ephraim London for petitioner. Frank S. Hogan for respondent. PER CURIAM. The petition for a writ of certiorari is granted and the judgment of the Court of Appeals of New York is reversed. Redrup v. New York, 386 U. S. 767. THE CHIEF JUSTICE, MR. JUSTICE CLARK, and MR. JUSTICE BRENNAN would affirm. MR. JUSTICE HARLAN adheres to the views expressed in his separate opinions in […]

READ MORE


389 U.S. 48 (1967) CONNER v. CITY OF HAMMOND.   No. 259. Supreme Court of United States.   Decided October 23, 1967. ON PETITION FOR WRIT OF CERTIORARI TO THE TWENTY-FIRST JUDICIAL DISTRICT COURT, LOUISIANA, PARISH OF TANGIPAHOA.Leonard B. Levy and Stanley Fleishman for petitioner. PER CURIAM. The petition for a writ of certiorari is granted and the judgment of the Twenty-first Judicial District Court for the Parish of Tangipahoa, Louisiana, is reversed. Redrup v. New York, 386 U. S. 767. MR. JUSTICE HARLAN would affirm the judgment of the state court upon the premises stated in his separate opinion […]

READ MORE


388 U.S. 448 (1967) CORINTH PUBLICATIONS, INC. v. WESBERRY ET AL.   No. 227. Supreme Court of United States.   Decided June 12, 1967. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF GEORGIA.Stanley Fleishman for petitioner. Arthur K. Bolton, Attorney General of Georgia, and G. Ernest Tidwell, Executive Assistant Attorney General, for respondents. PER CURIAM. The petition for a writ of certiorari is granted and the judgment of the Supreme Court of Georgia is reversed. THE CHIEF JUSTICE would grant the petition and set the case for oral argument. MR. JUSTICE CLARK would grant the petition and […]

READ MORE


1 2 3 4