378 U.S. 205 (1964) A QUANTITY OF COPIES OF BOOKS ET AL. v. KANSAS.   No. 449. Supreme Court of United States.   Argued April 1-2, 1964. Decided June 22, 1964. APPEAL FROM THE SUPREME COURT OF KANSAS.*206 Stanley Fleishman argued the cause for appellants. With him on the briefs was Sam Rosenwein. William M. Ferguson, Attorney General of Kansas, argued the cause for appellee. With him on the brief were Rober E. Hoffman, J. Richard Foth and Richard H. Seaton, Assistant Attorneys General of Kansas, and William Clement. The following State Attorneys General joined in the brief for appellee: […]

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380 U.S. 503 (1965) AMERICAN COMMITTEE FOR PROTECTION OF FOREIGN BORN v. SUBVERSIVE ACTIVITIES CONTROL BOARD. No. 44. Supreme Court of United States. Argued December 8-9, 1964. Decided April 26, 1965. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. Joseph Forer argued the cause for petitioner. With him on the briefs was David Rein. Bruce J. Terris argued the cause for respondent. With him on the brief were Solicitor General Cox, Assistant Attorney General Yeagley, Kevin T. Maroney, George B. Searls and Doris H. Spangenburg. Melvin L. Wulf and Marvin M. Karpatkin filed a […]

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Appellants, native-born citizens and residents of the United States, are ranking officials of the Communist Party of the United States. After hearings under State Department regulations, appellants' passports were revoked under § 6 of the Subversive Activities Control Act of 1950, which provides that, when a Communist organization is registered, or under final order to register, it shall be unlawful for any member with knowledge or notice thereof to apply for or use a passport. Appellants filed suit asking that § 6 be declared unconstitutional as a violation of the Due Process Clause of the Fifth Amendment and that the Secretary of State be ordered to issue passports to them.

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371 U.S. 218 (1962) ARLAN’S DEPARTMENT STORE OF LOUISVILLE, INC., ET AL. v. KENTUCKY. No. 503. Supreme Court of United States. Decided December 17, 1962. APPEAL FROM THE COURT OF APPEALS OF KENTUCKY. James E. Thornberry and Edward M. Post for appellants. John B. Breckinridge, Attorney General of Kentucky, Holland N. McTyeire, Assistant Attorney General, and Chas. E. Keller for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. MR. JUSTICE DOUGLAS, dissenting. This is a criminal prosecution of the owners of three retail stores for employing persons […]

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Appellants, approximately 64 in number, are members of the faculty, staff and student body of the University of Washington who brought this class action asking for a judgment declaring unconstitutional two Washington statutes requiring the execution of two different oaths by state employees and for an injunction against the enforcement of these statutes by appellees, the President of the University, members of the Washington State Board of Regents and the State Attorney General.

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The Rhode Island Legislature created the "Rhode Island Commission to Encourage Morality in Youth," whose members and Executive Secretary are the appellees herein, and gave the Commission inter alia ". . . the duty . . . to educate the public concerning any book, picture, pamphlet, balled, printed paper or other thing containing obscene, indecent or impure language, or manifestly tending to the corruption of the youth as defined *60 in sections 13, 47, 48 and 49 of chapter 610 of the general laws, as amended, and to investigate and recommend the prosecution of all violations of said sections . . . ."[1] The appellants brought this action in *61 the Superior Court of Rhode Island (1) to declare the law creating the Commission in violation of the First and Fourteenth Amendments, and (2) to declare unconstitutional and enjoin the acts and practices of the appellees thereunder. The Superior Court declined to declare the law creating the Commission unconstitutional on its face but granted the appellants an injunction against the acts and practices of the appellees in performance of their duties. The Supreme Court of Rhode Island affirmed the Superior Court with respect to appellants' first prayer but reversed the grant of injunctive relief. ___ R. I. ___, 176 A. 2d 393 (1961).[2] Appellants brought this appeal and we noted probable jurisdiction, 370 U. S. 933.[3]Appellants are four New York publishers of paperback books which have for sometime been widely distributed in Rhode Island. Max Silverstein & Sons is the exclusive wholesale distributor of appellants' publications throughout most of the State. The Commission's practice has been to notify a distributor on official Commission stationery that certain designated books or magazines distributed by him had been reviewed by the Commission and had been declared by a majority of its members to be objectionable for sale, distribution or display to youths under 18 years of age. Silverstein had received at least 35 such notices at the time this suit was brought. Among *62 the paperback books listed by the Commission as "objectionable" were one published by appellant Dell Publishing Co., Inc., and another published by appellant Bantam Books, Inc.[4]The typical notice to Silverstein either solicited or thanked Silverstein, in advance, for his "cooperation" with the Commission, usually reminding Silverstein of the Commission's duty to recommend to the Attorney General prosecution of purveyors of obscenity.[5] Copies of the *63 lists of "objectionable" publications were circulated to local police departments, and Silverstein was so informed in the notices.

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The Virginia State Bar brought this suit in the Chancery Court of the City of Richmond, Virginia, *2 against the Brotherhood of Railroad Trainmen, an investigator employed by the Brotherhood, and an attorney designated its "Regional Counsel," to enjoin them from carrying on activities which, the Bar charged, constituted the solicitation of legal business and the unauthorized practice of law in Virginia.[1] It was conceded that in order to assist the prosecution of claims by injured railroad workers or by the families of workers killed on the job the Brotherhood maintains in Virginia and throughout the country a Department of Legal Counsel which recommends to Brotherhood members and their families the names of lawyers whom the Brotherhood believes to be honest and competent. Finding that the Brotherhood's plan resulted in "channeling all, or substantially all," the workers' claims to lawyers chosen by the Department of Legal Counsel, the court issued an injunction against the Brotherhood's carrying out its plan in Virginia. The Supreme Court of Appeals of Virginia affirmed summarily over objections that the injunction abridges the Brotherhood's rights under the First and Fourteenth Amendments, which guarantee freedom of speech, petition and assembly. We granted certiorari to consider this constitutional question in the light of our recent decision in NAACP v. Button, 371 U. S. 415.[2] 372 U. S. 905.

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381 U.S. 741 (1965) CAMERON ET AL. v. JOHNSON, GOVERNOR OF MISSISSIPPI, ET AL. No. 587, Misc. Supreme Court of United States. Decided June 7, 1965. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI. Arthur Kinoy, William M. Kunstler, Benjamin E. Smith, Bruce C. Waltzer, Melvin Wulf and Morton Stavis for appellants. Joe T. Patterson, Attorney General of Mississippi, and William A. Allain, Assistant Attorney General, for appellees. PER CURIAM. Appellants brought this action, inter alia, under § 1979 of the Revised Statutes, 42 U. S. C. § 1983 (1958 ed.), to enjoin enforcement of […]

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377 U.S. 402 (1964) CHAMBERLIN ET AL. v. DADE COUNTY BOARD OF PUBLIC INSTRUCTION ET AL. No. 939. Supreme Court of United States. Decided June 1, 1964. APPEAL FROM THE SUPREME COURT OF FLORIDA. Leo Pfeffer and Howard W. Dixon for appellants. George C. Bolles for appellees. PER CURIAM. The motion to use the record in No. 520, October Term 1962, is granted. The judgment of the Florida Supreme Court is reversed with respect to the issues of the constitutionality of prayer, and of devotional Bible reading pursuant to a Florida statute, Fla. Stat. (1961) § 231.09, in the public […]

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378 U.S. 546 (1964) COOPER v. PATE, WARDEN. No. 1134, Misc. Supreme Court of United States. Decided June 22, 1964. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. Alex Elson and Bernard Weisberg for petitioner. William G. Clark, Attorney General of Illinois, and Raymond S. Sarnow and Edward A. Berman, Assistant Attorneys General, for respondent. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The petitioner, an inmate at the Illinois State Penitentiary, brought an action under 28 U. […]

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Appellant, the Reverend Mr. B. Elton Cox, the leader of a civil rights demonstration, was arrested and charged *538 with four offenses under Louisiana law—criminal conspiracy, disturbing the peace, obstructing public passages, and picketing before a courthouse. In a consolidated trial before a judge without a jury, and on the same set of facts, he was acquitted of criminal conspiracy but convicted of the other three offenses. He was sentenced to serve four months in jail and pay a $200 fine for disturbing the peace, to serve five months in jail and pay a $500 fine for obstructing public passages, and to serve one year in jail and pay a $5,000 fine for picketing before a courthouse. The sentences were cumulative.

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Appellant was convicted of violating a Louisiana statute which provides:

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Appellants, a civil rights organization and its executive director, brought suit in Federal District Court, in which other individuals later joined, for injunctive and declaratory relief to restrain appellees from prosecuting or threatening to prosecute them under Louisiana's Subversive Activities and Communist Control Law and Communist Propaganda Control Law, which they alleged violated their rights of free expression under the First and Fourteenth Amendments. Appellants contended that the statutes were excessively broad and susceptible of application in violation of those rights, and were being used by appellees in bad faith, not to secure valid convictions, but to deter appellants' civil rights efforts. Appellants alleged and offered to prove the arrest of the individual appellants under the statutes, the raiding of their offices and illegal seizure of their records, with continued threats of prosecution after invalidation by a state court of the arrests and seizure of evidence preceding this action. A three-judge District Court dismissed the complaint for failure to state a claim upon which relief could be granted, also holding that abstention was appropriate pending a possible narrowing.construction by the state courts which would avoid unnecessary constitutional adjudication. Thereafter, appellants alleged, the individual appellants were indicted under the Subversive Activities and Communist Control Law. They also claimed that there was no prospect of final state adjudications either under those indictments or under threatened additional prosecutions.

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The petitioners, 187 in number, were convicted in a magistrate's court in Columbia, South Carolina, of the *230 common-law crime of breach of the peace. Their convictions were ultimately affirmed by the South Carolina Supreme Court, 239 S. C. 339, 123 S. E. 2d 247. We granted certiorari, 369 U. S. 870, to consider the claim that these convictions cannot be squared with the Fourteenth Amendment of the United States Constitution.

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375 U.S. 248 (1963) FIELDS ET AL. v. CITY OF FAIRFIELD. No. 30. Supreme Court of United States. Argued December 10-11, 1963. Decided December 16, 1963. APPEAL FROM THE SUPREME COURT OF ALABAMA. Melvin L. Wulf argued the cause for appellants. With him on the brief were Charles Morgan, Jr. and Richard J. Medalie. Frank B. Parsons argued the cause and filed a brief for appellee. Assistant Attorney General Marshall, by special leave of Court, argued the cause for the United States, as amicus curiae, urging reversal. With him on the brief were Solicitor General Cox, Louis F. Claiborne, Harold […]

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372 U.S. 522 (1963) FIELDS ET AL. v. SOUTH CAROLINA.   No. 399. Supreme Court of United States.   Decided March 18, 1963. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA.Jack Greenberg, Constance Baker Motley, Matthew J. Perry and Lincoln C. Jenkins, Jr. for petitioners. Daniel R. McLeod, Attorney General of South Carolina, Everett N. Brandon, Assistant Attorney General, and Julian S. Wolfe for respondent. PER CURIAM. The petition for writ of certiorari is granted. The judgment of the Supreme Court of South Carolina is vacated and the case is remanded for consideration in light […]

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Appellant sought to challenge the constitutionality of the Maryland motion picture censorship statute, Md. Ann. Code, 1957, Art. 66A, and exhibited the film "Revenge at Daybreak" at his Baltimore theatre without first submitting the picture to the State Board of Censors as required by § 2 thereof.[1] The State concedes that the picture does not violate the statutory standards[2] and *53 would have received a license if properly submitted, but the appellant was convicted of a § 2 violation despite his contention that the statute in its entirety unconstitutionally impaired freedom of expression. The Court of Appeals of Maryland affirmed, 233 Md. 498, 197 A. 2d 232, and we noted probable jurisdiction, 377 U. S. 987. We reverse.

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Appellant is the District Attorney of Orleans Parish, Louisiana. During a dispute with the eight judges of *65 the Criminal District Court of the Parish, he held a press conference at which he issued a statement disparaging their judicial conduct. As a result, he was tried without a jury before a judge from another parish and convicted of criminal defamation under the Louisiana Criminal Defamation Statute.[1] The principal charges alleged to *66 be defamatory were his attribution of a large backlog of pending criminal cases to the inefficiency, laziness, and excessive vacations of the judges, and his accusation that, by refusing to authorize disbursements to cover the expenses of undercover investigations of vice in New Orleans, the judges had hampered his efforts to enforce the vice laws. In impugning their motives, he said:

"The judges have now made it eloquently clear where their sympathies lie in regard to aggressive vice investigations by refusing to authorize use of the DA's funds to pay for the cost of closing down the Canal Street clip joints . . . .
.....
". . . This raises interesting questions about the racketeer influences on our eight vacation-minded judges."[2]
*67 The Supreme Court of Louisiana affirmed the conviction, 244 La. 787, 154 So. 2d 400. The trial court and the State Supreme Court both rejected appellant's contention that the statute unconstitutionally abridged his freedom of expression. We noted probable jurisdiction of the appeal. 375 U. S. 900. Argument was first heard in the 1963 Term, and the case was ordered restored to the calendar for reargument, 377 U. S. 986. We reverse.

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This case is the culmination of protracted litigation involving legislative investigating committees of the State of Florida and the Miami branch of the National Association for the Advancement of Colored People.

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Petitioner, the prevailing party in Greene v. McElroy, 360 U. S. 474, comes to this Court for a second time. Prior to April 23, 1953, petitioner was employed by a private corporation producing mechanical and electrical parts for military agencies of the United States. On that date the corporation discharged him because of the revocation of his security clearance by the Department of the Navy. Following his challenge of this revocation, this Court held in 1959 in Greene v. McElroy, supra, that "in the absence of explicit authorization from either the President or Congress the respondents were not empowered to deprive petitioner of his job in a proceeding in which he was not afforded the safeguards of confrontation and cross-examination." Id., at 508. On remand the District Court, declaring that revocation of petitioner's security clearance was "not validly authorized," ordered that all rulings denying petitioner's security clearance be *151 "expunged from all records of the Government of the United States."[1]

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