Court : US Supreme Court
..... diminished during their term of service by virtue of such service, nor shall such period of service be deducted from any leave of absence authorized by law." this act amended the prior provision known as 217 of the code of law for the district of columbia approved march 3, 1901 (code d.c.1929 tit. 18, ..... those who receive governmental pensions and gratuities. fourth. respondent also raises the question of the validity of the statute under the due process clause of the fifth amendment. for the reasons already given, we find nothing arbitrary or capricious in the legislative action. the judgment of the court of appeals is reversed, and ..... absence of other evidence, that the common law rule was different in the colonies from that in england, much less that the congress which proposed the sixth amendment, or the state legislatures which ratified it, undertook to establish an absolute disqualification of all governmental employees beyond the control of the congressional power. respondent relies .....
Tag this Judgment!Court : US Supreme Court
..... purely personal capacity. p. 322 u. s. 699 . 3. an officer of an unincorporated labor union has no right, under the fourth and fifth amendments of the federal constitution, to refuse to produce books and records of the union -- which are in his possession and which a federal court by a ..... no element of personal privacy, and carry with them no claim of personal privilege. the reason underlying the restriction of this constitutional privilege to natural individuals acting in their own private capacity is clear. the scope and nature of the economic activities of incorporated and unincorporated organizations and their representatives demand that the ..... the natural individual from compulsory incrimination through his own testimony or personal records. it follows that labor unions, as well as their officers and agents acting in their official capacity, cannot invoke this personal privilege. this conclusion is not reached by any mechanical comparison of unions with corporations or with other .....
Tag this Judgment!Court : US Supreme Court
..... 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
..... no view on congressional power with respect to state courts in this regard. [ footnote 3/2 ] cases in which lower federal courts, acting under the authority of the fourteenth amendment, as expanded by this court's decision in reynolds v. sims, 377 u. s. 533 , have promulgated their own reapportionment plans may ..... to two questions: is the california harmless error provision consistent with the guarantee of fundamental fairness embodied in the due process clause of the fourteenth amendment? see palko v. connecticut, supra. was its application in this instance by the california supreme court a reasonable one, or was the rule ..... [ footnote 2/2 ] for example, quite different considerations are involved when evidence is introduced which was obtained in violation of the fourth and fourteenth amendments. the exclusionary rule in that context balances the desirability of deterring objectionable police conduct against the undesirability of excluding relevant and reliable evidence. the resolution .....
Tag this Judgment!Court : US Supreme Court
..... union page 396 u.s. 976 , 979 leaders in hague v. cio, 307 u.s. 496 , who were asserting first amendment rights in explaining the purposes of the new national labor relations act. see the opinion of mr. justice roberts and mr. justice black, id., at 504-506. there may in time be a ..... reading them.' substitute 'waggish tales from the czech' for 'aristophanes and juvenal,' and those remarks become relevant here.' if 'obscenity' can be carved out of the first amendment, what other like exceptions can be created? is 'sacrilege' also beyond the pale? are utterances or publications made with 'malice' unprotected? how about 'seditious' speech or ..... agree completely with mr. justice douglas that state criminal punishment of these respondents for showing an allegedly 'obscene' film is absolutely prohibited by the first and fourteenth amendments. that, however, does not end for me the constitutional problems involved. in this case a federal district court stepped into the middle of a pending state .....
Tag this Judgment!Court : US Supreme Court
..... . 65 exercise their constitutional freedom. given the constitutionally protected interest in unfettered speech, it requires an identifiable, countervailing state interest, consistent with first amendment values, to justify a regulatory scheme that produces such results. and, because the presence of such values dictates closer scrutiny of this aspect of state ..... the truth before they communicate, as well as in compensating persons actually harmed by false descriptions of their personal behavior. additionally, the burden of acting reasonably in taking action that may produce adverse consequences for others is one generally placed upon all in our society. thus, history itself belies ..... to the actual harm done. conversely, where the jury authority has been exercised within such constraints, and the plaintiff has proved that the speaker acted out of express malice, given the present state of judicial experience, i think it would be an unwarranted intrusion into the legitimate legislative processes .....
Tag this Judgment!Court : US Supreme Court
..... u. s. 301 , 381 u. s. 308 (1965) (brennan, j., concurring). [ footnote 3/5 ] analogously, we have been somewhat cautious in applying first amendment protections to communication by way of nonverbal and nonpictorial conduct. some behavior is so intimately connected with expression that, for practical purposes, it partakes of the same transcendental constitutional value ..... ., 338 u. s. 912 , 338 u. s. 920 (1950) (opinion of frankfurter, j., respecting denial of certiorari). more importantly, public access to trials acts as an important check, akin in purpose to the other checks and balances that infuse our system of government. "the knowledge that every criminal trial is subject to contemporaneous ..... it. looking back, we see that, when the ancient "town meeting" form of trial became too cumbersome, 12 members of the community were delegated to act as its surrogates, but the community did not surrender its right to observe the conduct of trials. the people retained a "right of visitation" which .....
Tag this Judgment!Court : US Supreme Court
..... a need for corrections of a technical nature." in those cases, asme published "a corrected interpretation . . . immediately after the original reply." see interpretations, asme boiler and pressure vessel code, foreword (no. 7: replies to technical inquiries january 1, 1980, through june 30, 1980). in addition, the readers are advised that asme ..... -setting organizations for the actions of their agents committed with apparent authority. there is no doubt here that hardin acted within his apparent authority when he answered an inquiry about asme's boiler and pressure vessel code as the chairman of the relevant asme subcommittee. and in this case, we do not ..... (1890). when senator hoar expressed the concern that the bill would prohibit temperance organizations, and proposed an amendment to exclude them from the bill, senator sherman spoke reassuringly: "i have no objection to [this] amendment, but i do not see any reason for putting in temperance societies any more than churches or school .....
Tag this Judgment!Court : US Supreme Court
..... , 477 u.s. at 477 u. s. 488 , establishes that attorney error can be "cause" only if it constitutes ineffective assistance of counsel violative of the sixth amendment. because there is no constitutional right to an attorney in state postconviction proceedings, see, e.g., pennsylvania v. finley, 481 u. s. 551 , a petitioner cannot ..... safeguard federal rights, is no invasion of state sovereignty. cf. ex parte virginia, 100 u.s. at 100 u. s. 346 . since 1867, congress has acted within its constitutional authority to "'interpose the federal courts between the states and the people, as guardians of the people's federal rights -- to protect the people from ..... some external impediment preventing counsel from constructing or raising the claim"). attorney ignorance or inadvertence is not "cause," because the attorney is the petitioner's agent when acting, or failing to act, in furtherance of the litigation, and the petitioner must "bear the risk of attorney error." id. at 477 u. s. 488 . see link v .....
Tag this Judgment!Court : US Supreme Court
..... of statements obtained from a defendant questioned while in custody"), 457 (stating that the miranda court was concerned with "adequate safeguards to protect precious fifth amendment rights"), 458 (examining the "history and precedent underlying the self-incrimination clause to determine its applicability in this situation"), 476 ("the requirement of warnings ..... about the miranda decision-and what 450 made it unacceptable as a matter of straightforward constitutional interpretation in the marbury tradition-is its palpable hostility toward the act of confession per se, rather than toward what the constitution abhors, compelled confession. see united states v. washington, 431 u. s. 181 , 187 ..... and federal courts. pp. 432-444. (a) miranda, being a constitutional decision of this court, may not be in effect overruled by an act of congress. given 3501's express designation of voluntariness as the touchstone of admissibility, its omission of any warning requirement, and its instruction for trial .....
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