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Articles 211 - 240 of 265
Full-Text Articles in First Amendment
Constitutional Law - Censorship Of Obscence Literature, Donald M. Wilkinson, Jr. S.Ed.
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 - Due Process - Freedom Of Expression - Motion Picture Censorship, Constantine D. Kasson S.Ed.
Constitutional Law - Due Process - Freedom Of Expression - Motion Picture Censorship, Constantine D. Kasson S.Ed.
Michigan Law Review
The New York Court of Appeals upheld the denial of a license to exhibit the French motion picture "La Ronde'' upon the grounds that it was "immoral'' and "would tend to corrupt morals." Censorship of the picture, which dealt with promiscuous sex relations, was held to be a proper exercise of the police power, since its exhibition would present a clear and present danger to the morals of the community, and the words "immoral" and "tend to corrupt morals" were held sufficiently definite for purposes of due process. In another censorship case, the Supreme Court of Ohio affirmed the rejection …
Constitutional Law-Freedom Of Assembly-Equal Protection Of The Law, S. I. Shuman
Constitutional Law-Freedom Of Assembly-Equal Protection Of The Law, S. I. Shuman
Michigan Law Review
The ordinance here involved prohibited any person from addressing a political or religious meeting in any public park. At a meeting involving no disturbances or breaches of the peace, plaintiff, a Jehovah's Witness, was arrested when he addressed a meeting in a public park. The state supreme court upheld a conviction under the ordinance. Held, reversed. The principal case is on all fours with Niemotko v. Maryland. The state conceded at oral argument that the meeting was a religious one and that the ordinance as construed and applied did not prohibit church services in the park. Therefore, since …
Clandestine Speech And The First Amendment, Wallace Mendelson
Clandestine Speech And The First Amendment, Wallace Mendelson
Michigan Law Review
In a comment" written at the conclusion of the Communist leaders' trial Professor Nathanson noted that Judge Medina's instructions required for a verdict of guilty that the jury "find only that the defendants intended to accomplish the overthrow of government 'as speedily as circumstances would permit it to be achieved.' " This, wrote Professor Nathanson, was "inconsistent with the clear-and-present-danger test as formulated by Holmes and Brandeis, unless there were other circumstances in the facts actually presented which made that test inapplicable." A major part of the balance of the comment is an attempt to refute a suggestion that clandestine, …
Torts-Libel And Slander-Absolute Privilege To Press Releases Of Executive Officials, Constantine D. Kasson
Torts-Libel And Slander-Absolute Privilege To Press Releases Of Executive Officials, Constantine D. Kasson
Michigan Law Review
Defendant, Attorney General for the state of Pennsylvania, wrote a letter to a District Attorney demanding the dismissal of the plaintiff, an Assistant District Attorney, because of the plaintiff's alleged communistic activities and associations, information of which had been brought to the attention of the defendant by the State Police. Before delivery of the letter to the District Attorney, the defendant released it to the newspapers. Plaintiff brought a libel action alleging the statements to be false and maliciously made. The defendant demurred and the court sustained. On appeal, held, affirmed. Although the defendant himself has no power to …
Constitutional Law-Church And State-The New York Released Time Program, Frank Bowen, Jr. S.Ed.
Constitutional Law-Church And State-The New York Released Time Program, Frank Bowen, Jr. S.Ed.
Michigan Law Review
The recent decision of the Supreme Court in the case of Zorach v. Clauson affirms the constitutionality of the New York City program for releasing pupils from public schools so that they may attend religious education classes held outside of school property. The pupils are released upon the written request of their parents, and those not released from school remain in their classrooms. Regulations under which the program is conducted prohibit comment by school officials on attendance. Plaintiffs, who were taxpayers and parents of children attending the public schools, unsuccessfully contended that the program was a violation of the First …
Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.
Constitutional Law-Judcial Powers-State Taxpayer Denied Standing As Party In Interest In Bible Reading Case, Frank M. Bowen, Jr. S.Ed.
Michigan Law Review
Plaintiffs sought a judgment to declare unconstitutional a New Jersey statute which required the reading of five verses of the Old Testament at the opening of each day in the public schools. Plaintiffs contended that the practice under the statute was an "establishment of religion" prohibited by the First Amendment and applicable to the several states through the "due process" clause of the Fourteenth Amendment Both plaintiffs were taxpayers of New Jersey, and one was also the parent of a child who had attended a public school, but had left school before the appeal was taken. The Supreme Court of …
Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport
Constitutional Law-Commerce Clause-Freedom Of Press-Amenability Of Newspaper To Sherman Anti-Trust Act, William K. Davenport
Michigan Law Review
Until a competing radio station appeared on the scene in 1948, defendant newspaper was the only medium for mass advertising available in the Lorain, Ohio area. In an effort to regain its monopoly position and eliminate the radio station as a competitor, defendant inaugurated a policy of refusing to accept custom from advertisers who employed the services of its rival. Both the newspaper and the radio station received news dispatches, advertising copy, payments, and other materials from sources outside Ohio, but neither had any appreciable audience beyond the borders of the state. In a civil action brought by the United …
Constitutional Law - Civil Rights - First Amendment Freedoms-Reformulation Of The Clear And Present Danger Doctrine, Bernard A. Petrie
Constitutional Law - Civil Rights - First Amendment Freedoms-Reformulation Of The Clear And Present Danger Doctrine, Bernard A. Petrie
Michigan Law Review
In July 1948 the apostles of Communism in America were indicted under the conspiracy provisions of the Smith Act of 1940. The tension marking both the trial and the present era has obscured the constitutional problems and policy considerations involved. It is the purpose of this comment to trace the history of this cause celebre, Dennis et al. v. United States, and to examine its effect upon our constitutional notions of the permissible bounds of utterance, primarily by an analysis of the appellate opinions.
Avoidance Of Constitutional Issues In The United States Supreme Court: Liberties Of The First Amendment, Burton C. Bernard
Avoidance Of Constitutional Issues In The United States Supreme Court: Liberties Of The First Amendment, Burton C. Bernard
Michigan Law Review
The frequently criticized reluctance of the Supreme Court to consider complaints of unconstitutional governmental action is manifested in the utilization by the Court of various rules of avoidance of constitutional issues. Uncompromising defense of this self-restraint would not be easy to reconcile with the Court's pronounced sensitivity, in modem times, to the liberties of the First Amendment. This article will examine the considerations underlying the traditional restraint, and will suggest that the Court should modify several of its rules of avoidance, at least when liberties of the First Amendment are threatened.
Constitutional Law - Municipal Control Of Public Streets And Parks As Affecting Freedom Of Speech And Assembly, Lenamyra Saulson
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 Of Law-Thornhill Reexamined, Rex Eames S.Ed.
Constitutional Law-Due Process Of Law-Thornhill Reexamined, Rex Eames S.Ed.
Michigan Law Review
In the spring of 1940, the Isle of Thornhill emerged from the watery depths and assumed a position in the Sea of American Constitutional Law. The discoverors of this Isle indicated their success was largely due to certain revelations made known three years· before by another highly distinguished explorer. The pronouncement in 1940 of the Isle's existence excited great furor and debate among the professional geographers as to its substance and future utility. In the early days of its discovery, Thornhill's area and coastline were not precisely or clearly charted, and only through several subsequent voyages have these important …
Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.
Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.
Michigan Law Review
Defendant addressed a crowd of people, white and Negro, on a public sidewalk for the purpose of urging them to attend a certain meeting. During the course of his speech he "'called Mayor Costello [of Syracuse] a champaign [sic] sipping bum and President Truman a bum. He referred to the American Legion as Nazi Gestapo agents-he also said the fifteenth Ward was run by corrupt politicians and that horse rooms were operating.'" He also appealed to the Negroes to rise up and fight for equal rights. The police were called but at first merely observed the gathering. Angry …
Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.
Constitutional Law-Freedom Of Speech, Alan C. Boyd S. Ed.
Michigan Law Review
Defendant addressed a crowd of people, white and Negro, on a public sidewalk for the purpose of urging them to attend a certain meeting. During the course of his speech he "'called Mayor Costello [of Syracuse] a champaign [sic] sipping bum and President Truman a bum. He referred to the American Legion as Nazi Gestapo agents-he also said the fifteenth Ward was run by corrupt politicians and that horse rooms were operating.'" He also appealed to the Negroes to rise up and fight for equal rights. The police were called but at first merely observed the gathering. Angry …
The Rule Of Clear And Present Danger: Scope Of Its Applicability, Chester James Antieau
The Rule Of Clear And Present Danger: Scope Of Its Applicability, Chester James Antieau
Michigan Law Review
The rule of clear and present danger originated in 1919 in an attempt by Mr. Justice Holmes to formulate a principle for the limitation of liberty with a conscious, intelligent weighing of the opposed societal interests. In the Schenck case, the societal and individual interest in freedom of expression clashed with the societal interest in defense of the state. In conflicts of this kind the criterion has had its most frequent application. The societal interest in preservation of the state was adequately protected by application of the test in prosecutions arising under the Espionage Act of 1917, although Mr. Justice …
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
The Influence Of Mr. Justice Murphy On Labor Law, Archibald Cox
Michigan Law Review
When Mr. Justice Murphy took his place on the Supreme Court in 1940, a period of major development in labor law was beginning. In 1935 Congress had laid one of the two principal foundation stones by enacting the Wagner Act. But the NLRA did not become effective in any practical sense until after its constitutionality was upheld in 1937, and it was in the next decade that the farthest reaching questions of interpretation and application were to be decided. The second stone was laid in 1938 when passage of the Fair Labor Standards Act committed the nation to the policy …
Constitutional Law--Freedom Of Speech--Permissible Extent Of Limitation, Clinton R. Ashford S. Ed.
Constitutional Law--Freedom Of Speech--Permissible Extent Of Limitation, Clinton R. Ashford S. Ed.
Michigan Law Review
At the present time this nation is greatly concerned over the state of its political health. Advocates of foreign ideologies are asserting their creeds with ever-increasing vigor. The doctrines they propound are generally conceded to be inconsistent with American ideals, and their activity has induced a feeling of alarm, sometimes attended by hostile reaction. There have been instances where this reaction has taken the form of demands that the proponents of these ideas be silenced. In these circumstances, it becomes important to examine the power of state and federal governments to restrict their activities, particularly with respect to the freedom …
Constitutional Law-Due Process-Freedom Of Speech-Limitations On Use Of Sound Amplification Devices, Bernard Goldstone S. Ed.
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 …
Meiklejohn: Free Speech And Its Relation To Self-Government, Michigan Law Review
Meiklejohn: Free Speech And Its Relation To Self-Government, Michigan Law Review
Michigan Law Review
A Review of FREE SPEECH AND ITS RELATION TO SELF-GOVERNMENTBy Alexander Meiklejohn.
Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg
Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg
Michigan Law Review
The C.I.O., with the consent of its president, Philip Murray, made expenditures from the funds of the organization for the publication of an editorial in the "C.I.O. News," a regularly issued periodical, urging the members of the C.I.O. to vote for a particular candidate in a special Congressional election in Maryland. Additional funds were expended for the publication and transportation of one thousand extra copies. Both the C.I.O. and Mr. Murray were charged with violation of section 304 of the Labor-Management Relations Act in the district court. Defendants moved to dismiss the indictment, alleging that the statute abridged rights guaranteed …
Freedom Of Silence: Constitutional Protection Against Governmental Intrusions In Political Affairs, Charles B. Nutting
Freedom Of Silence: Constitutional Protection Against Governmental Intrusions In Political Affairs, Charles B. Nutting
Michigan Law Review
Paradoxically enough, the "right" to be silent has been vociferously asserted by some of our most loquacious citizens. The current activities of Congressional investigating committees and the possible enactment of laws regulating participation in certain political affairs make timely a consideration of the basis for the assertion of the "right" and an attempt to determine the extent to which it may be said truly to be protected against intrusions by the state or national governments. It is proposed first to consider the question of secrecy in connection with the elective process itself and later to extend the inquiry into problems …
Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.
Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed.
Michigan Law Review
In 1947, seven states adopted legislation for compulsory arbitration of labor disputes in public utilities. Four more provide for seizure of such industries in cases of strikes or lockouts, and one prohibits picketing or interference with the service of a public utility. In addition, procedures for conciliation, mediation, or voluntary arbitration with suspension of the right to strike or lockout during such procedures, are provided by still others. Such legislative activity reflects the growing public concern regarding labor disputes and indicates that many state legislators are convinced that to secure industrial peace more is required than the mere imposition of …
Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed.
Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed.
Michigan Law Review
Plaintiff union, its president, and two union members sought to enjoin the National Labor Relations Board and its members individually from disqualifying plaintiff union from participation in union representation elections held by the board among the employees of two Great Lakes shipping companies. The exclusion of the plaintiff union was based on its failure to file affidavits and reports under sections 9 (f), 9 (g), and 9 (h) of the Taft-Hartley Act, which failure by the terms of the act served to disqualify the non-complying union from participation in board procedures. The plaintiff union attacked the requirements as unconstitutional. Held …
Killingsworth: State Labor Relations Acts, Michigan Law Review
Killingsworth: State Labor Relations Acts, Michigan Law Review
Michigan Law Review
A Review of STATE LABOR RELATIONS ACTS. By Charles C. Killingsworth.
Constitutional Law-Due Process-Freedom Of Speech-Limitations On The Used Of Sound Amplification Devices, Bernard Goldstone
Constitutional Law-Due Process-Freedom Of Speech-Limitations On The Used Of Sound Amplification Devices, Bernard Goldstone
Michigan Law Review
Appellant, a minister of Jehovah's Witnesses, used, without a permit, sound equipment mounted on his truck to amplify lectures on religious subjects. He was convicted in a police court for violating a municipal ordinance of Lockport, New York. which prohibited the use of sound amplification devices without the permission of the chief of police. The ordinance provided no standards for the guidance of the local officer in the issuance of the permit. The conviction was affirmed by the county court and by the appellate court. On appeal, held, reversed, four justices dissenting. The ordinance violated the due process clause …
Constitutional Law-Due Process -Of Law-Freedom Of Religion- Voluntary Religious Classes Held In Public School Building During School Hours, E.C. V. Greenwood
Constitutional Law-Due Process -Of Law-Freedom Of Religion- Voluntary Religious Classes Held In Public School Building During School Hours, E.C. V. Greenwood
Michigan Law Review
Appellant, a resident and taxpayer of the Champaign School District and parent of a child attending the public schools of the district, petitioned for a writ of mandamus to compel the district to discontinue religious classes held in the public schools during regular school hours. The classes in question were sponsored by a voluntary association of Jewish, Catholic, and Protestant faiths, but other religious groups were free to establish classes upon the same basis. Instructional materials, a chosen course of study, and religious teachers were made available to the program by the association. Although employed by the association, the teachers …
Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.
Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
It is the purpose of this comment to examine the validity of conclusions reached on the facts of the Everson case. But what was said in the majority opinion and in the two dissenting opinions in the Everson case may also forecast developments in the future. Consequently, there will be occasion to comment upon the broader implications of the decision. First, however, it will be helpful to trace the development of the case law dealing with state and federal constitutional provisions bearing on public aid to parochial schools.
Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson
Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson
Michigan Law Review
The editor and publisher of the Miami Herald published two editorials and a cartoon which inaccurately portrayed the local circuit court as willing to "accept, even go out to find, every possible technicality of the law to protect the defendant, to block, thwart, hinder, embarass and nullify prosecution" in certain criminal cases then before the court. They were cited in contempt of the circuit court for tending to obstruct and interfere with the impartial administration of justice. Found guilty of the charges, the petitioners appealed to the Florida Supreme Court, which affirmed the decision declaring that the object of the …
Postal Power-Exclusion Of Periodical Publication From Second- Class Mailing Privilege-The Esquire Case, John R. Dykema
Postal Power-Exclusion Of Periodical Publication From Second- Class Mailing Privilege-The Esquire Case, John R. Dykema
Michigan Law Review
Respondent is the publisher of the well-known monthly periodical Esquire. In l 933 it was granted a second-class mailing permit pursuant to section 14 of the Classification Act of 1879. In 1943 the then Postmaster General, Frank C. Walker, issued a citation to respondent to show cause why the permit should not be suspended or revoked, on the theory that the magazine did not qualify under the fourth condition of the act, relevant portions of which read as follows: "It must be originated and published for the dissemination of information of a public character, or devoted to literature, the sciences, …
Trade Restraints--Applicability Of Sherman Act To By-Laws Of News Services, Rosemary Scott
Trade Restraints--Applicability Of Sherman Act To By-Laws Of News Services, Rosemary Scott
Michigan Law Review
The Associated Press is a non-profit association of more than 1,200 publishers. It is incorporated under the laws of New York for the collection, assembly, and distribution of news for the exclusive benefit of its members. The United States charged in an action before a special three-judge district court on a motion for a summary judgement that the news service had violated the Sherman Anti-Trust Act because its by-laws restricted the sale of news to nonmembers and gave each member the power to block the admission to membership of competitors, and because it had a contract with the Canadian Press, …