Law Commons^™

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …

"Congress Shall Make No Law..."*, O. John Rogge

Michigan Law Review

It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.

St. John-Stevas: Obscenity And The Law, William B. Lockhart

Michigan Law Review

A Review of Obscenity and the Law . By Norman St. John-Stevas

Mr. Justice Frankfurter -- Law And Choice, Wallace Mendelson

Vanderbilt Law Review

In an opinion that seems destined to live as long as the ideals of democracy survive, Justices Holmes and Brandeis rejected their colleagues' narrow conception of free speech, yet concurred in the judgment affirming conviction. Though the accused had claimed protection under the appropriate constitutional provision, she had failed at the trial level to raise the "clear and present danger" issue. Raising it in the Supreme Court was futile, thought Holmes and Brandeis, because "Our power of review in this case is limited not only to the question whether a right guaranteed by the Federal Constitution was denied [in the …

Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed.

Michigan Law Review

The right to a free expression of ideas, without interference from governmental authorities, is inherent in the very nature of a democracy. On the other hand, it is also clear that the greater interests of the state at large will conflict with certain forms of expression, and in such circumstances obviously the former must prevail. It is the purpose of this comment to discuss the constitutional limitations on the governmental suppression of literature on grounds of obscenity.

Constitutional Law - Municipal Control Of Public Streets And Parks As Affecting Freedom Of Speech And Assembly, Lenamyra Saulson

Michigan Law Review

It is the purpose of this comment to explore only one small part of the problem: the flight for freedom of speech and assembly as opposed by the municipality's police power to control its streets and parks. Three decisions handed down by the Supreme Court on January 15, 1951, will form the basis for an appraisal of the Supreme Court's present position in this area. However, the full import of these cases cannot be realized without first considering the history of the struggle and how the Court has dealt with it.

Constitutional Law-Due Process-Freedom Of Speech-Limitations On Use Of Sound Amplification Devices, Bernard Goldstone S. Ed.

Michigan Law Review

Appellant used sound equipment mounted on his truck to comment on a labor dispute. He was convicted in a police court of violating a city ordinance which prohibited the use on any public street of sound amplifying devices emitting loud and raucous noises. The intermediate court of appeal of New Jersey, in affirming the conviction, construed the ordinance to be an absolute prohibition. The conviction was sustained on appeal to the highest court of New Jersey by an evenly divided court of twelve justices. On appeal to the United States Supreme Court, held, affirmed. Justice Reed, joined by Chief …

Book Review. Free Speech And Its Relation To Self-Government By Alexander Meiklejohn, John P. Frank

Articles by Maurer Faculty

No abstract provided.

The Free Speech Safeguard For Labor Picketing: Part One, Ira Schlusselberg

Kentucky Law Journal

No abstract provided.

Constltutional Law - Labor Unions - Injunction

Michigan Law Review

Complainants owned and operated a small cafeteria conducting the business without the aid of any employees. Defendants, a labor union and its president, picketed the cafeteria in an attempt "to organize it." The picketing was carried on by parade of one person at a time in front of the premises, at all times in an "orderly and peaceful" manner. Signs were carried which tended to give the impression that the complainants were "unfair" to organized labor and that the pickets "had been previously employed in the cafeteria." These representations were knowingly false in that there had been no employees in …

Picketing As An Exercise Of The Right Of Free Speech, Leo Oxley

Kentucky Law Journal

No abstract provided.

In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe

Michigan Law Review

Picketing, pursued by state prohibition, has now found sanctuary in the Constitution. The Fourteenth Amendment recognizes it as free speech. But not always, says the majority of the Court. There has been sharp fire from both the Right and the Left. The criticism runs much as it did against the Duke of York's generalship of his men. "When they were half-way up they were neither up nor down." In a recent article Mr. Teller argues that picketing is not an exercise of free speech and should never have been constitutionally guaranteed as such. It was the first mistake of the …

Speech As Conditional Privilege In National Labor Relations Board Cases, Reynolds C. Seitz

Kentucky Law Journal

No abstract provided.