Court : US Supreme Court
..... speech, freedom of conscience, and the prudence never to practice either of them. [ footnote 3/1 ]" even the alien and sedition laws -- shameful reminders of an early chapter in intolerance -- never went so far as we go today. they were aimed at conspiracy and advocacy of insurrection and at the publication of "false, scandalous and malicious" writing ..... granted certiorari at the 1955 term. 350 u.s. 992. the case was first heard here at the 1956 term, and was later set for reargument at the 1957 term. before reargument, the judgment of conviction was reversed upon the solicitor general's concession that this court's intervening decision in jencks v. united states, 353 u. ..... yates case is interesting. by the end of 1956, convictions of communist leaders under the smith act had numbered 114. many of these cases were still pending in the appellate courts when the yates decision was announced in june of 1957. on one ground or another, convictions were set aside and new trials were granted to many .....
Tag this Judgment!Court : US Supreme Court
..... upon receipt of such certification, the carrier shall treat with the representative so certified as the representative of the craft or class for the purposes of this chapter. in such an investigation, the mediation board shall be authorized to take a secret ballot of the employees involved, or to utilize any other appropriate method ..... any dispute shall arise among a carrier's employees as to who are the representatives of such employees designated and authorized in accordance with the requirements of this chapter, it shall be the duty of the mediation board, upon request of either party to the dispute, to investigate such dispute and to certify to both parties ..... between different factions among employees." annual report of the national mediation board, 1938, pp. 5-6. [ footnote 2/3 ] administration of the railway labor act by the national mediation board, 1934-1957, p. 15. [ footnote 2/4 ] in a letter to united air lines, rejecting its objections to the form of the ballot, the executive .....
Tag this Judgment!Court : US Supreme Court
..... conviction in courts and by judicial commissions with no sure and definite procedural protections and under laws that might have been improvised to try their particular cases. chapter 39 of magna carta was a guarantee that the government would take neither life, liberty, nor property without a trial in accord with the law of the ..... brennan, the bill of rights and the states, in e. cahn, the great rights 65, 69 (1963); e. dumbauld, the bill of rights 46, 215 (1957). this relatively clear indication that the framers of the sixth amendment did not intend its jury trial requirement to bind the states is, of course, of little relevance to ..... , and received strong support from them. royal interference with the jury trial was deeply resented. among the resolutions adopted by the first congress of the american colonies (the stamp act congress) on october 19, 1765 -- resolutions deemed by their authors to state "the most essential rights and liberties of the colonists" [ footnote 18 ] -- was the .....
Tag this Judgment!Court : US Supreme Court
..... system federation no. 40, 300 u.s. at 300 u. s. 563 ; brotherhood of railroad trainmen v. chicago r. & i. r. co., 353 u. s. 30 , 353 u. s. 401 (1957). "the norris-laguardia act, 47 stat. 70, 29 u.s.c. 101-115, expresses a basic policy against the injunction of activities of labor unions. we have held that the ..... unsuccessful, the said board shall at once endeavor as its final required action . . . to induce the parties to submit their controversy to arbitration, in accordance with the provisions of this chapter." [ footnote 2/3 ] section 10 provides in part: "if a dispute between a carrier and its employees be not adjusted under the foregoing provisions of this ..... chapter and should, in the judgment of the mediation board, threaten substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential .....
Tag this Judgment!Court : US Supreme Court
..... supp. 159 (wd pa.1955); florida citrus comm'n v. united states, 144 f.supp. 517 (nd fla.1956), aff'd per curiam, 352 u.s. 1021 (1957); atlantic city electric co. v. united states, 306 f.supp. 338 (sdny 1969), and alabama power co. v. united states, 316 f.supp. 337 (dc 1969 ..... decision would have a substantial effect on the environment -- without preparing an environmental impact statement or considering environmental issues as required by the national environmental policy act (nepa); that the preexisting rate structure discriminated against recyclables and in favor of virgin materials; and that the surcharge exacerbated this situation with the unfortunate consequence ..... public laws of the united states shall be interpreted and administered in accordance with the policies set forth in this chapter," 42 u.s.c. 4332(1), and one of the policies of the chapter is to "approach the maximum attainable recycling of depletable resources." the district court expressly declined to review the question .....
Tag this Judgment!Court : US Supreme Court
..... december 5, 1978* 439 u.s. 96 appeal from the united states district court for the central district of california syllabus the california automobile franchise act (act) requires an automobile manufacturer to obtain approval of the california new motor vehicle board (board) before opening or relocating a retail dealership within the market ..... dealers were required to apply for licenses to qualify for and continue to hold the registration exemption. 1957 cal.stats., ch. 1319, 7. in addition, it became unlawful on and after october 1, 1957, to act as a dealer without having procured a license. ibid. the prohibition on unlicensed activity was extended to ..... , terminate or refuse to renew a franchise in violation of article 4 (commencing with section 3060) of chapter 6 of division 2." [ footnote 12 ] the california legislature expressly identified the state interests being served by the franchise act as "the general economy of the state and the public welfare . . ." which made it "necessary .....
Tag this Judgment!Court : US Supreme Court
..... chooses to delegate governmental functions is for it to decide. cf. sweezy v. new hampshire, 354 u. s. 234 , 354 u. s. 256 (1957) (frankfurter, j., concurring in result). california, by constitutional provision, has chosen to place authority over the operation of the university of california in the board of ..... turn, undercuts the likelihood that congress intended to limit voluntary efforts to implement similar measures. for example, 7(a) of the national science foundation authorization act, 1977, provides: "the director of the national science foundation shall initiate an intensive search for qualified women, members of minority groups, and handicapped individuals ..... of race is consistent with the equal protection component of the fifth amendment, and therefore with the fourteenth amendment. to the extent that congress acted pursuant to 5 of the fourteenth amendment, those cases impliedly recognize that congress was empowered under that provision to accord preferential treatment to victims .....
Tag this Judgment!Court : US Supreme Court
..... ]conomically and politically analogous to transportation taxes exploiting geographical position." brown, the open economy: justice frankfurter and the position of the judiciary, 67 yale l.j. 219, 232 (1957) (brown). see also hellerstein, constitutional constraints on state and local taxation of energy resources, 31 nat.tax j. 245, 249-250 (1978); r. posner, economic analysis ..... energy resources, 31 nat.tax.j. 245, 249 (1978); brown, the open economy: justice frankfurter and the position of the judiciary, 67 yale l.j. 219, 232-233 (1957); developments in the law: federal limitations on state taxation of interstate business, 75 harv.l.rev. 953, 970-971 (1962) (developments). [ footnote 6 ] the heisler approach ..... of the payments received by the federal government. see complaint 38-41, j.s.app. 57a-58a. yet 32 of the 1920 act, as set forth in 30 u.s.c. 189, states that "[n]othing in this chapter" -- which includes 7 and 35 -- "shall be construed or held to affect the rights of the states . . . .....
Tag this Judgment!Court : US Supreme Court
..... 1926, 44 stat. (part 2) 577, as amended, 45 u.s.c. 151 et seq. the purposes of the railway labor act are set out in 2 of the act, 45 u.s.c. 151a: "the purposes of the chapter are: (1) to avoid any interruption to commerce or to the operation of any carrier engaged therein; (2) to forbid any limitation upon ..... , n. 29. cf. case v. bowles, 327 u. s. 92 (1946). [ footnote 10 ] parden v. terminal r. co., 377 u. s. 184 (1964); california v. taylor, 353 u. s. 553 (1957). [ footnote 11 ] "[t]here [is] certainly no question that a state's operation of a common carrier, even without profit and as a 'public function,' would be subject to federal ..... is not an integral part of governmental activity" and affirmed the rulings in california v. taylor, 353 u. s. 553 (1957), and united states v. california, 297 u. s. 175 (1936), which held that the railway labor act and the safety appliance act could be applied to state-owned railroads. 509 f.supp. at 1306, n. 4. the court of appeals reversed, holding .....
Tag this Judgment!Court : US Supreme Court
..... . v. socialist workers party, 440 u.s. at 440 u. s. 186 ; sweezy v. new hampshire, 354 u. s. 234 , 354 u. s. 250 -251 (1957) (opinion of warren, c.j.). [ footnote 17 ] in short, the primary values protected by the first amendment -- "a profound national commitment to the principle that debate on public issues ..... to provide early access for presidential candidates. recently, in cbs, inc. v. fcc, 453 u. s. 367 (1981), this court held that, under the federal communications act, a presidential candidate had a right to television access as early as december, 1979, some 11 months before the election. [ footnote 2/6 ] the court says that, ..... the united states: a socioeconomic analysis to 1870, pp. 28-57 (1981). [ footnote 24 ] cf. oregon v. mitchell, 400 u. s. 112 (1970) (upholding act of congress forbidding states to disqualify voters in presidential elections for failure to meet state residency requirements). [ footnote 25 ] a similar analysis applies to the court of appeals' assertion .....
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