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 […]

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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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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 […]

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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, […]

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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).

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Overruled

Appellants brought a declaratory judgment action in the Supreme Court of New York, Kings County, praying that § 12-a of the Civil Service Law,[1] as implemented by *487 the so-called Feinberg Law,[2] be declared unconstitutional, and that action by the Board of Education of the City of New York thereunder be enjoined. On motion for judgment on the pleadings, the court held that subdivision (c) of § 12-a, the Feinberg Law, and the Rules of the State Board of Regents promulgated thereunder violated the Due Process Clause of the Fourteenth Amendment, and issued an injunction. 196 Misc. 873, 95 N. Y. S. 2d 114. The Appellate Division of the Supreme Court reversed, 276 App. Div. 527, 96 N. Y. S. 2d 466, and the Court of Appeals affirmed the judgment of the Appellate Division, 301 N. Y. 476, 95 N. E. 2d 806. The appellants come here by appeal under 28 U. S. C. § 1257.

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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]

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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.

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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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These cases present for decision the constitutionality of § 9 (h) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947.[1] This section, commonly referred to as the non-Communist affidavit provision, reads as follows: "No investigation shall be made by the [National Labor Relations] Board of any question affecting commerce concerning the representation of employees, raised by a labor organization under subsection (c) of this section, no petition under section 9 (e) (1) shall be entertained, and no complaint shall be issued pursuant to a charge made by a labor organization under subsection (b) of section 10, unless there is on file with the Board an affidavit executed contemporaneously or within the preceding twelve-month period by each officer of such labor organization and the officers of any national or international labor organization of which it is an affiliate or *386 constituent unit that he is not a member of the Communist Party or affiliated with such party, and that he does not believe in, and is not a member of or supports any organization that believes in or teaches, the overthrow of the United States Government by force or by any illegal or unconstitutional methods. The provisions of section 35 A of the Criminal Code shall be applicable in respect to such affidavits."

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In Milk Wagon Drivers Union v. Meadowmoor Dairies, ante, p. 287, we held that acts of picketing when blended with violence may have a significance which neutralizes the constitutional immunity which such acts would have in isolation. When we took this case, 310 U.S. 620, it seemed to present a similar problem. More thorough study of the record and full argument have reduced the issue to this: is the constitutional guarantee of freedom of discussion infringed by the common law policy of a state forbidding resort to peaceful persuasion through picketing merely because there is no immediate employer-employee dispute?

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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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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.

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The publishers of more than 1,200 newspapers are members of the Associated Press (AP), a cooperative *4 association incorporated under the Membership Corporation Law of the State of New York. Its business is the collection, assembly and distribution of news. The news it distributes is originally obtained by direct employees of the Association, employees of the member newspapers, and the employees of foreign independent news agencies with which AP has contractual relations, such as the Canadian Press. Distribution of the news is made through interstate channels of communication to the various newspaper members of the Association, who pay for it under an assessment plan which contemplates no profit to AP.

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

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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. […]

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A jury in Baltimore City Criminal Court convicted petitioners of violating Md. Ann. Code, Art. 27, § 123 (1967 Repl. Vol.),[1] which prohibits "acting in a disorderly manner to the disturbance of the public peace, upon any public street . . . in any [Maryland] city . . . ."[2] The *565 prosecution arose out of a demonstration protesting the Vietnam war which was staged between 3 and shortly after 5 o'clock on the afternoon of March 28, 1966, in front of a United States Army recruiting station located on a downtown Baltimore street. The Maryland Court of Special Appeals rejected petitioners' contention that their conduct was constitutionally protected under the First and Fourteenth Amendments and affirmed their convictions. 3 Md. App. 626, 240 A. 2d 623 (1968). The Court of Appeals of Maryland denied certiorari in an unreported order. We granted certiorari, 396 U. S. 816 (1969). We reverse.

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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 petitioners are a labor union and certain of its officers. The union membership consists of truck drivers occupied in the distribution of baked goods. The respondents Wohl and Platzman are, and for some years have *770 been, peddlers of baked goods. They buy from bakeries and sell and deliver to small retailers, and keep the difference between cost and selling price, which in the case of Wohl is approximately thirty-two dollars a week, and in the case of Platzman, about thirty-five dollars a week. Out of this each must absorb credit losses and maintain a delivery truck which he owns — but has registered in the name of his wife. Both are men of family. Neither has any employee or assistant. Both work seven days a week, Wohl putting in something over thirty-three hours a week, and Platzman about sixty-five hours a week. It was found that neither has any contract with the bakeries from whom he buys, and it does not appear that either had a contract with any customer.

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