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..... by the prohibition against the free exercise of religion. and even if the distribution of religious books was a religious practice protected from regulation by the first amendment, certainly the affixation of a price for the articles would destroy the sacred character of the transaction. the evangelist becomes also a book agent. the rites ..... of the constitution, however, the absence of a bill of rights was used vigorously by the opponents of the new government. a number of the states suggested amendments. where these suggestions have any bearing at all upon religion or free speech, they indicate nothing as to any feeling concerning taxation either of religious bodies or their ..... by the government." id. 731=732. there have been suggestions that the english taxes on newspapers, springing from the tax act of 10 anne, c. 19, ci, [ footnote 2/8 ] influenced the adoption of the first amendment. [ footnote 2/9 ] page 319 u. s. 126 these taxes were obnoxious, but an examination of the sources .....
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..... but because libel and slander awards are no longer constitutionally permissible elements of american law. it is clear that the first amendment would proscribe any attempt to enact a federal libel law, notwithstanding the alien and sedition act (1 stat. 596) the contrary. [ footnote 1 ] i do not suppose that anyone considered at the time of ..... grant certiorari and set the case for oral argument. footnotes footnote 1 of the constitutionality of the sedition act of 1798, mr. justice holmes said, 'i wholly disagree with the argument of the government that the first amendment left the common law as to seditious libel in force. history seems to me against the notion. i ..... its adoption whether the fourteenth amendment meant that state courts could no longer participate in libel and slander awards. but i have .....
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..... on which the court of appeals primarily relied. for, in davis, it was the initial seizure -- the lawless dragnet detention -- that violated the fourth and fourteenth amendments, not the taking of the fingerprints. we noted that "[i]nvestigatory seizures would subject unlimited numbers of innocent persons to the harassment and ignominy incident to involuntary detention ..... (schwartz), supra, at 899-900. a grand jury has broad investigative powers to determine whether a crime has been committed and who has committed it. the jurors may act on tips, rumors, evidence offered by the prosecutor, or their own personal knowledge. branzburg v. hayes, 408 u.s. at 408 u. s. 701 . no ..... no civilian may be brought to trial for an infamous crime "unless on a presentment or indictment of a grand jury." this constitutional guarantee presupposes an investigative body "acting independently of either prosecuting attorney or judge," stirone v. united states, 361 u. s. 212 , 361 u. s. 218 , whose mission is to clear .....
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..... not be considered to have page 425 u. s. 586 been 'compelled' within the meaning of the amendment." id. at 317 u. s. 427 . monia concerned only the scope of statutory immunity from prosecution under the sherman act, although the dictum or similar ones may also be found in other contexts. e.g., smith v. ..... . for our duty is to supply the jurisprudential foundation necessary to ensure that fifth amendment values are adequately preserved when threatened in the context of a putative defendant called by a prosecutor and interrogated before a grand jury concerning personal acts for which the prosecution plans his criminal indictment. this court has consistently emphasized and ..... united states, 337 u. s. 137 , 337 u. s. 147 (1949). however, the serious fifth amendment issues implicit within the dictum have never been directly confronted, .....
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..... the preceding 24 months, and that the union's disciplinary proceedings against respondent lunnin were an unlawful reprisal for the exercise of rights guaranteed by the act. a later amendment to the complaint added, inter alia, a claim that the union had increased dues several times since september, 1976, without complying with the requirements set ..... a dissenting opinion, post, p. 467 u. s. 552 . justice brennan delivered the opinion of the court. the labor-management reporting and disclosure act of 1959 (lmrda or act), 73 stat. 522, as amended, 29 u.s.c. 401 et seq., was congress' first major attempt to regulate the internal affairs of labor unions. title i of the ..... act provides a statutory "bill of rights" for union members, including various protections for members involved in union elections, with enforcement and .....
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..... approach "would almost necessarily result in turning every alleged injury which may have been inflicted by a state official acting under 'color of law' into a violation of the fourteenth amendment cognizable under 1983 .... presumably, under this rationale any party who is involved in nothing more than an automobile ..... appropriate standards for evaluating excessive force claims must be developed through the same common-law process of case-by-case adjudication. 306 tion whether fourth amendment protects against filing of charges without probable cause). at bottom, the plurality opinion seems to rest on one fundamental misunderstanding: that the incorporation cases ..... have somehow "substituted" the specific provisions of the bill of rights for the "more generalized language contained in the earlier cases construing the fourteenth amendment." ante, at 273. in fact, the incorporation cases themselves rely on the very "generalized language" the chief justice would have them displacing.25 .....
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..... prosecution if it found that the allegedly obscene material lacked serious value under "community standards," rather than the correct "reasonable person" standard required by the first amendment. 481 u. s., at 499-501. because the jury was not properly 12 instructed, and consequently did not render a finding, on the actual element of ..... commentaries on equity jurisprudence 195 (10th ed. 1870) ("in the first place, the misrepresentation must be of something material, constituting an inducement or motive to the act or omission of the other 5 the restatement instructs that a matter is material if: "(a) a reasonable man would attach importance to its existence or nonexistence ..... the federal statute criminalizing false statements to federally insured banks, 18 u. s. c. 1014. i repeat this point to remind the congress that an amendment to 1014 would both harmonize these sections and avoid the potential injustice created by the court's decision in wells. justice scalia, with whom justice souter and .....
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..... and informed waiver is ineffective for some indeterminate period ). that approach would serve neither the general goal of deterring improper police conduct nor the fifth amendment goal of assuring trustworthy evidence would be served by suppression of the testimony. id., at 308. this case presents different considerations. the police used ..... for a more appropriate time. suppressing postwarning statements under such circumstances would serve neither the general goal of deterring improper police conduct nor the fifth amendment goal of assuring trustworthy evidence. elstad, supra, at 308. in contrast, the technique used in this case distorts miranda s meaning and furthers no ..... instance. in the aftermath of miranda , congress even passed a statute seeking to restore that old regime, 18 u. s. c. 3501, although the act lay dormant for years until finally invoked and challenged in dickerson v. united states , supra . dickerson reaffirmed miranda and held that its constitutional character prevailed .....
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..... s passenger compartment in the event of a custodial arrest, potentially compromising their safety and placing incriminating evidence at risk of concealment or destruction. the fourth amendment does not require such a gamble. petitioner argues, however, that belton will fail to provide a bright-line rule if it applies to more than ..... the passenger compartment in the event of a custodial arrest, potentially compromising their safety and placing incriminating evidence at risk of concealment or destruction. the fourth amendment does not require such a gamble. belton allows police to search a car s passenger compartment incident to a lawful arrest of both occupants and recent ..... u. s. 454 , in which this court held that, when a police officer makes a lawful custodial arrest of an automobile s occupant, the fourth amendment allows the officer to search the vehicle s passenger compartment as a contemporaneous incident of arrest, id., at 460. petitioner appealed his conviction, arguing that belton .....
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..... must one other statutory section, 3742(e) (2000 ed. and supp. iv), which depends upon the guidelines mandatory nature. so modified, the federal sentencing statute, see sentencing reform act of 1984 (sentencing act), as amended, 18 u. s. c. 3551 et seq. , 28 u. s. c. 991 et seq. , makes the guidelines effectively advisory. it requires a sentencing court to consider guidelines ranges ..... not constitutionally compelled. we are aware of no constitutional requirement of retroactivity that entitles defendants sentenced to a term of imprisonment to the benefit of subsequent guidelines amendments. rather, 3582(c)(2) represents a congressional act of lenity intended to give prisoners the benefit of later enacted adjustments to the judgments reflected in the guidelines. viewed that way, proceedings under 3582(c .....
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