Court : US Supreme Court
Decided on : Jun-19-1961
..... or other working conditions, and by restoring equality of bargaining power between employers and employees. " page 367 u. s. 881 national labor relations act, as amended by the taft-hartley act, 61 stat. 136, 137, 29 u.s.c. 151. it was with this history in mind that we spoke when we said that " ..... of legislative policy. these have included such subjects as an increase in the salaries of state supreme court justices; making attorneys notaries public; amending the federal career compensation act to apply to attorneys employed with the armed forces the same provisions for special pay and promotion available to members of other professions; ..... and conduct in the practice of law; shall consider the canons of ethics of the legal profession and the observance thereof, and shall make recommendations for appropriate amendments thereto. the committee shall have authority to express opinions regarding proper professional conduct, upon written request of any member or officer of the state bar." " .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-19-1961
..... calls for . . . sensitive tools. . . ." speiser v. randall, 357 u. s. 513 , 357 u. s. 525 . [ footnote 24 ] it follows that, under the fourteenth amendment, a state is not free to adopt whatever procedures it pleases for dealing with obscenity as here involved, without regard to the possible consequences for constitutionally protected speech. we believe ..... has placed greater restraint on the seizure power. seizure of obscene material, as a prelude to condemnation, was authorized there by lord campbell's obscene publications act of 1857, 20 & 21 vict., c. 83. as originally proposed, that statute would have allowed search for and seizure of obscene matter either ..... , . . . [and] to seize such scandalous and lying pamphlets as they find upon search. . . . [ footnote 16 ]" the restoration brought a new licensing act in 1662. under its authority, "messengers of the press" operated under the secretaries of state, who issued executive warrants for the seizure of persons and papers. these warrants, .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-19-1961
..... 2146, 2150; hearings, house committee on education and labor on h.r. 8, 80th cong., 1st sess., pp. 350, 2260. the failure of the railway labor act amendments to exempt the member who did not choose to have his contributions put to such uses may have reflected difficulties in drafting an exempting clause. see hearings, subcommittee of the ..... union shop and the practical necessity for unions to participate in what as a matter of analytical fragmentation may be called political activities. the 1951 amendment of the railway labor act, which enacted 2, eleventh, was passed in an effort to make more equitable the sharing of costs of collective bargaining among all the workers ..... that the carriers make the agreements involved in this case. mr. harrison said: ". . . the railroad unions' primary purpose in seeking and obtaining the amendment to the railway labor act in 1951 to permit the checkoff for payment of dues, was to eliminate the 'free rider,' the guy who drags his feet, a term which is .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1961
..... evidence at reck's trial confessions which he had been coerced into making. the question whether there has been a violation of the due process clause of the fourteenth amendment by the introduction of an involuntary confession is one which it is the ultimate responsibility of this court to determine. see malinski v. new york, 324 u. ..... to prison for 199 years. held: on the record in this case, petitioner's confessions were coerced, and the state violated the due process clause of the fourteenth amendment by using them as evidence in his trial. pp. 367 u. s. 433 -444. 274 f.2d 250, judgment vacated and case remanded. mr. justice stewart ..... afternoon. there are no other facts in the record suggesting that the sunday confession was an act independent of the confession extracted on saturday. both confessions are subject to the same infirmities. under the due process clause of the fourteenth amendment, neither was admissible at reck's trial. the petitioner's detention is in violation of the .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-05-1961
..... argues that this finding is inadequate to satisfy the conception of overthrow embodied in 2(1) and (6); that, under the compulsion of the first amendment, the act must be read as reaching only organizations whose purpose to overthrow page 367 u. s. 56 existing government is expressed in illegal action or incitement to ..... questions. i agree with mr. justice brennan that, once having entered the area of constitutional adjudication, the court must decide now whether the act violates the fifth amendment privilege against self-incrimination by requiring the petitioner's officers to submit a registration statement on behalf of the petitioner. for the reasons set forth ..... this period, see internal security manual, s.doc. no. 47, 83d cong., 1st sess. 216-223. [ footnote 38 ] see the foreign agents registration act, 52 stat. 631, as amended, 22 u.s.c. 611-621. [ footnote 39 ] compare 18 u.s.c. 612 (prohibiting the publication or distribution of written statements concerning candidates .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-05-1961
..... habeas corpus, which was denied. held: petitioner was not accorded a fair and impartial trial, to which he was entitled under the due process clause of the fourteenth amendment; his conviction is void; the judgment denying habeas corpus is vacated, and the case is remanded to the district court for further proceedings affording the state a reasonable time ..... u.s.c. 2241, [ footnote 1 ] in the district court for the northern district of indiana claiming that his conviction had been obtained in violation of the fourteenth amendment in that he did not receive a fair trial. that court dismissed the proceeding on the ground that petitioner had failed to exhaust his state remedies. 153 f.supp. 531 ..... of which is that of trial by jury. this right has become as much american as it was once the most english. although this court has said that the fourteenth amendment does not demand the use of jury trials in a state's criminal procedure, fay v. new york, 332 u. s. 261 ; palko v. connecticut, 302 u. s. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-05-1961
..... s. 264 advocates, or encourages the overthrow or destruction of any government in the united states by force or violence. these statutes [the smith act, together with a 1920 amendment to the immigration law, act of june 5, 1920, 41 stat. 1008], therefore, imported into our law the alien doctrine of guilt by association, which, up to this ..... interpreted by the two lower courts. pp. 367 u. s. 221 -224. (b) as construed and applied, the membership clause of the smith act does not violate the fifth amendment by impermissibly page 367 u. s. 204 imputing guilt to an individual merely on the basis of his associations and sympathies, rather than because of some concrete ..... involvement in criminal conduct. pp. 367 u. s. 224 -228. (c) as construed and applied, the membership clause of the smith act does not infringe freedom of political expression and association in violation of the first amendment. pp. 367 u. s. 228 -230. 3. the evidence was sufficient to sustain the conviction. pp. 367 u. s. 230 .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-29-1961
..... evidences that the present scheme is one to provide an atmosphere of recreation, rather than religion. the court below pointed out that, since 1858, the statutes have been amended more than seventy times. it would not seem that the sunday sales of tobacco, soda water, fruit, et cetera, are in aid of religion. it would seem ..... provide for its observance is derived from its general authority to regulate the business of the community and to provide for its moral and physical welfare. the act imposes upon no one any religious ceremony or attendance upon any form of worship, and anyone who deems another day more suitable for rest or worship may ..... for relaxation from labor and the cares of business; for moral reflections and conversation on the duties of life, and the frequent errors of human conduct; . . ." acts and laws of the commonwealth of massachusetts 63. thus, the statute's announced purpose was no longer solely religious. but this statute proscribed the sunday attendance at any concert .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-29-1961
..... results of a negligently inaccurate inspection and appraisal of the property made by the federal housing administration for mortgage insurance purposes pursuant to the national housing act of 1934, as amended, and who, in reliance upon such statement, has been induced to pay a purchase price in excess of the fair market value of the property ..... when congress enacted 226 in 1954. [ footnote 26 ] our conclusion neither conflicts with nor impairs the authority of indian towing co. v. united states, 350 u. s. 61 , which held cognizable a torts act claim for property damages suffered when a vessel ran aground as a result of the coast guard's allegedly negligent failure ..... -220. moreover, as we have said in considering other aspects of the act: "there is nothing in the tort claims act which shows that congress intended to draw distinctions so finespun and capricious as to be almost incapable of being held in the mind for adequate formulation." indian towing co. v. united states, 350 u. s. 61 , 350 .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-29-1961
..... see also testimony to the same effect, id. at 3-4, 17, 20, 30, 36, 40.) [ footnote 2/29 ] 1 edw. vii, c. 22, 34. continued, as amended, in the factories act, 1937, 1 edw. viii & 1 geo. vi, c. 67, 77. [ footnote 2/30 ] 2 geo. v, c. 3, 1, 4, provides for a half-day closing ..... sale on sunday of all merchandise except the retail sale of tobacco products, confectioneries, milk, bread, fruit, gasoline, oils, greases, drugs, medicines, newspapers and periodicals. recent amendments now except from the prohibition the retail sale in anne arundel county of all foodstuffs, automobile and boating accessories, flowers, toilet goods, hospital supplies and souvenirs, and exempt entirely ..... interest of defence, public safety, public order, public morality, or public health." and see article 25 of the indian constitution. that may be a desirable provision. but when the court adds it to our first amendment, as it does today, we make a sharp break with the american ideal of religious liberty as enshrined in the .....
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