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Full-Text Articles in First Amendment

Constitutional Law--Statutory Interpretation Under Labor-Management Relations Act--Prohibition Of Union Political Expenditures, Roland E. Ginsburg Jan 1949

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 …

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Book Review. Free Speech And Its Relation To Self-Government By Alexander Meiklejohn, John P. Frank Jan 1949

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

Articles by Maurer Faculty

No abstract provided.

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Freedom Of Silence: Constitutional Protection Against Governmental Intrusions In Political Affairs, Charles B. Nutting Dec 1948

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 …

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Labor Law-Compulsory Arbitration Of Labor Disputes, James A. Sprunk S.Ed. Dec 1948

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 …

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Constitutional Law-Due Process-Freedom Of Speech-Limitations On The Used Of Sound Amplification Devices, Bernard Goldstone Nov 1948

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 …

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Labor Law--Constitutionality Of Affidavit And Filing Provisions Of Taft-Hartley Act, Jerry S. Mccroskey S.Ed. Nov 1948

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 …

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Killingsworth: State Labor Relations Acts, Michigan Law Review Nov 1948

Killingsworth: State Labor Relations Acts, Michigan Law Review

Michigan Law Review

A Review of STATE LABOR RELATIONS ACTS. By Charles C. Killingsworth.

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Labor Law-Availability Of Injunctive Relief Against Peaceful Picketing Under Illegal Purpose Doctrine Sep 1948

Labor Law-Availability Of Injunctive Relief Against Peaceful Picketing Under Illegal Purpose Doctrine

Washington and Lee Law Review

No abstract provided.

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Constitutional Law-Due Process -Of Law-Freedom Of Religion- Voluntary Religious Classes Held In Public School Building During School Hours, E.C. V. Greenwood Apr 1948

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 …

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Freedom Of Speech And Regulation Of Sound Amplification Devices - Saia V. People Of The State Of New York Jan 1948

Freedom Of Speech And Regulation Of Sound Amplification Devices - Saia V. People Of The State Of New York

Maryland Law Review

No abstract provided.

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Book Review Of The Book Of Libel; Dangerous Words, William F. Swindler Jan 1948

Book Review Of The Book Of Libel; Dangerous Words, William F. Swindler

Faculty Publications

No abstract provided.

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Federal Law Of Search And Seizure As An Incident To Lawful Arrest In The Light Of The Case Of Harris V. United States, C.D. Berry, N.C. Frost Dec 1947

Federal Law Of Search And Seizure As An Incident To Lawful Arrest In The Light Of The Case Of Harris V. United States, C.D. Berry, N.C. Frost

Vanderbilt Law Review

The recent widely discussed case of Harris v. United States further complicates that already complex phase of search and seizure which relates to the extent to which officers may search as an incident to a lawful arrest. The Fourth Amendment to the Constitution provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon prob-able cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to he seized." It has …

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Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed. Jun 1947

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.

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Constitutional Law-Right Of School Board To Discriminate Between Applicants For Use Of The School Building For Public Meeting. [California] Mar 1947

Constitutional Law-Right Of School Board To Discriminate Between Applicants For Use Of The School Building For Public Meeting. [California]

Washington and Lee Law Review

No abstract provided.

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Constitutional Law-Due Process Of Law-Freedom Of The Press To Criticize The Judiciary-Clear And Present Danger Test, Merrill N. Johnson Jan 1947

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 …

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Postal Power-Exclusion Of Periodical Publication From Second- Class Mailing Privilege-The Esquire Case, John R. Dykema Dec 1946

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, …

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The Scope Of Constitutional Guaranties Of Religious Freedom Sep 1946

The Scope Of Constitutional Guaranties Of Religious Freedom

Washington and Lee Law Review

No abstract provided.

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Trade Restraints--Applicability Of Sherman Act To By-Laws Of News Services, Rosemary Scott Feb 1946

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, …

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The Associated Press Case Jan 1946

The Associated Press Case

Indiana Law Journal

Notes and Comments: Constitutional Law

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Religious Liberty And The Fourteenth Amendment, Ivan C. Rutledge Jan 1946

Religious Liberty And The Fourteenth Amendment, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.

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Organizer's Right To Speak Oct 1945

Organizer's Right To Speak

Indiana Law Journal

Notes and Comments: Labor Law

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Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers Jun 1945

Constitutional Law-Freedom Of Speech For Labor Organizers-Registration Requirement Invalid, Francis Powers

Michigan Law Review

Collins v. Thomas decided by the Supreme Court in January is a decision of great practical importance in that it falls at a point where three recently developed constitutional doctrines enmesh or intersect with one another. The case makes it necessary that the Court integrate these doctrines and distinguish the areas in which they are respectively applicable.

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Freedom Of The Press-Administrative Censorship-The "Esquire" Decision, John B. Waite Jun 1945

Freedom Of The Press-Administrative Censorship-The "Esquire" Decision, John B. Waite

Michigan Law Review

One of the most important cases before the courts was decided by the Circuit Court of Appeals of the District of Columbia on June 4--a case involving asserted absolute discretion in a government official to determine the right to second-class mail privileges, and thereby, indirectly, to censor the press. The background facts of the case are essential to appreciation of its importance.

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The Free Speech Safeguard For Labor Picketing: Part One, Ira Schlusselberg Jan 1945

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

Kentucky Law Journal

No abstract provided.

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Constltutional Law - Labor Unions - Injunction Feb 1944

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 …

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Picketing As An Exercise Of The Right Of Free Speech, Leo Oxley Jan 1944

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

Kentucky Law Journal

No abstract provided.

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Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review Oct 1943

Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review

Michigan Law Review

The state of West Virginia enacted an amendment to its statutes in 1941 requiring all schools to conduct courses in history and civics for the purpose of fostering "the ideals, principles and spirit of Americanism," and pursuant thereto the Board of Education adopted a resolution ordering that the flag salute and declaration of allegiance should be a regular part of the program of activities in the public schools. Expulsion from school was provided for nonconformity- and until compliance the child was considered unlawfully absent from school and the parents were liable to fine and imprisonment for causing child delinquency. Appellees …

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Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review Aug 1943

Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review

Michigan Law Review

Petitioners were members of the religious sect "Jehovah's Witnesses," who "sold" and/ or donated religious tracts and literature, and in connection therewith used phonographs and records, in their door to door activities to spread their religious beliefs. They failed to obtain a license for the privilege of canvassing and soliciting, as required of all persons by an ordinance of the city of Jeannette, Pennsylvania, and were convicted and fined for violation thereof. Petitions for leave to appeal to the Supreme Court of Pennsylvania were denied; the case came before the United States Supreme Court on petition for writ of certiorari. …

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Jones V. City Of Opelika Overruled Jul 1943

Jones V. City Of Opelika Overruled

Indiana Law Journal

Notes and Comments: Constitutional law

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In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe Jun 1943

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 …

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