Law Commons^™

Abstracts Of Recent Cases, W. E. M.

West Virginia Law Review

No abstract provided.

The Supreme Court - October 1958 Term, Bernard Schwartz

Michigan Law Review

The Supreme Court, reads a famous passage by Bryce, "feels the touch of public opinion. Opinion is stronger in America than anywhere else in the world, and judges are only men. To yield a little may be prudent, for the tree that cannot bend to the blast may be broken."

The history of the highest Court bears constant witness to the truth of Bryce's statement. Supreme Court action which has moved too far in one direction has always ultimately provoked an equivalent reaction in the opposite direction. Even an institution as august as the high tribunal cannot escape the law …

Mr. Justice Jackson, Free Speech, And The Judicial Function, Walter F. Murphy

Vanderbilt Law Review

All free speech cases decided by the United States Supreme Court are hard cases; and, if they do not, according to the old saw, make bad law, they do make law which is both fragile and fascinating. Wrapped up inside the kernel of each of these cases are many of the most troublesome problems which confront a democratic government: the relation of majority rule to minority rights, the necessity of peace and order but the equally imperative necessity of open discussion, and, not least, the paradoxical role of an appointive judiciary in curbing, in the name of democracy and freedom, …

Constitutional Law--Freedom Of The Press--Testimony Privilege Of Journalist, L. B. S.

West Virginia Law Review

No abstract provided.

The Law Of Obscenity: New Significance Of The Receiving Group

Indiana Law Journal

No abstract provided.

Labor Law - Labor Management Relations Act - Linking "Employer Free Speech" To No-Solicitation Rule, Barbara Burger

Michigan Law Review

During an organizational campaign the employer prohibited any dissemination of literature on company property and soliciting or campaigning on company time by employees while itself distributing within the plant non-threatening, anti-union literature. General Counsel for the NLRB contended that by this conduct the employer "interfered with, restrained or coerced" employees in their exercise of the right to self-organization. This contention was rejected by the NLRB, but on appeal was accepted by the Court of Appeals for the District of Columbia. On certiorari to the United States Supreme Court, held, reversed, two justices dissenting. Even if an employer could commit …

Justice Reed And The First Amendment (The Religion Clauses). By F. William O’Brien., Kevin Kennedy

Buffalo Law Review

No abstract provided.

Censorship Of Defamatory Political Broadcasts: The Port Huron Doctrine, Harvey L. Zuckman

Scholarly Articles

No abstract provided.

Direct Restraint On The Press, Thomas L. Shaffer

Journal Articles

If I were to suggest that the public force be used to silence and hide sources of information about government as Mr. Cooper's committee, the Supreme Court of New Jersey, the United States Attorney General, and United States Senator Morse have suggested, I could begin with impressive authority. If I were to suggest nothing at all, as the organized press has done, I could begin with swelling rhetoric on the nature of man. But for my suggestion, direct restraint on the press, the only thing at hand is a fable, the story of a crisis that nearly prevented the marriage …

The Barenblatt Decision Of The Supreme Court And The Academic Profession, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Constitutional Law - Freedom Of Press - Validity Of Motion Picture Licensing Statute, Dean L. Berry S.Ed.

Michigan Law Review

The distributor of the motion picture "Lady Chatterley's Lover" applied to the Motion Picture Division of the New York State Education Department for a license, required by New York law, for public presentation of the film. The application was denied on the ground the film was "immoral" within the meaning of the licensing statute. On review, the Board of Regents approved this determination, but on appeal the state supreme court reversed the Board. A divided court of appeals reversed the supreme court, holding that the contents of the film met the statutory definition of "immoral." On appeal to the Supreme …

Recent Decision Note, Thomas L. Shaffer

Journal Articles

The Supreme Court of Colorado heard on appeal a tax dispute between the State Board of Equalization and Arapahoe County and, in announcing a decision in favor of the board, delayed publication of its formal written opinion for one week. At the time the decision was announced the opinion had been written, but had not been prepared for publication. Four days later respondent published an editorial in his newspaper attacking the decision, suggesting that it was inspired by political rather than legal considerations, and intimating that popular disapproval might result in a written opinion mitigating some of the decision's rigor. …