Opinions & Commentaries

This proceeding brings to this Court[*] another phase of the Hatch Act. The petitioner, the State of Oklahoma, objects to the enforcement by the United States Civil Service Commission of § 12 (a) of the Act.[1]

READ MORE


In December 1945, 112 of the 117 employees of an oil company, including petitioners, went out on strike. About five o'clock one afternoon, petitioners, with several other strikers, assembled near the plant's entrance. Although a picket line was nearby, these men were not a part of it, and there is no suggestion that their acts were attributable either to the regular pickets or to the union representing them. As the five working employees left the plant for the day, the petitioner Jones called out to one named Williams to "wait a minute, he wanted to talk to him." When Williams replied that "he didn't have time, he was on his way home and he would see him another day," petitioner Jones gave a signal and said, "Come on, boys." Petitioner Cole, who was carrying a stick, told one of the other departing employees "to go ahead on, that they wasn't after me." Another striker named Campbell then attacked Williams and was killed in the ensuing struggle. It was further testified that these petitioners and others had that morning discussed talking to the men who were working "and they agreed that if they didn't talk right, they were going to whip them." While some of this was contradicted, such is the version which the jury could have found from the evidence.

READ MORE


The appellees were charged by information with violation of the Federal Regulation of Lobbying Act, 60 Stat. 812, 839, 2 U. S. C. §§ 261-270. Relying on its previous *614 decision in National Association of Manufacturers v. McGrath, 103 F. Supp. 510, vacated as moot, 344 U. S. 804, the District Court dismissed the information on the ground that the Act is unconstitutional. 109 F. Supp. 641. The case is here on direct appeal under the Criminal Appeals Act, 18 U. S. C. § 3731.

READ MORE


Respondents brought this class action in the District Court seeking declaratory and injunctive relief on their claim that their rights were being invaded by the Department of the Army's alleged "surveillance of lawful and peaceful civilian political activity." The petitioners in response described the activity as "gathering by lawful means . . . [and] maintaining and using in their intelligence activities . . . information relating to potential or actual civil disturbances [or] street demonstrations." In connection with respondents' motion for a preliminary injunction and petitioners' motion to dismiss the complaint, both parties filed a number of affidavits with the District Court and presented their oral arguments at a hearing on the two motions. On the basis of the pleadings,[1] the affidavits before the court, and the oral arguments advanced at the hearing, the *3 District Court granted petitioners' motion to dismiss, holding that there was no justiciable claim for relief.

READ MORE


470 U.S. 903 (1985) BOARD OF EDUCATION OF OKLAHOMA CITY v. NATIONAL GAY TASK FORCE No. 83-2030. Supreme Court of United States. Argued January 14, 1985 Decided March 26, 1985 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Dennis W. Arrow argued the cause for appellant. With him on the briefs were Larry Lewis and James B. Croy. Laurence H. Tribe argued the cause for appellee. With him on the brief were William B. Rogers and Leonard Graff.[*] PER CURIAM. The judgment is affirmed by an equally divided Court. JUSTICE POWELL took no part in the […]

READ MORE


Help FIRE protect the speech rights of students and faculty.

Support FIRE
css.php