Court : US Supreme Court
Decided on : Dec-11-1967
..... again to be part and parcel of those first amendment rights. basic in this scheme of values is the immunity of beliefs, ideas, and ideology from government inquiry, probing, or surveillance. [ footnote 2/1 ] jefferson expressed the american constitutional theory: "[t]he opinions of men are not the object of civil government ..... u.s.c. 786. prior to hearing thereon, appellants sued in the district court to have the registration provisions declared unconstitutional. a three-judge district court dismissed the complaint for failure to exhaust administrative remedies. held: ordinarily where congress has provided a civil proceeding in which appellants can ..... bypass the board by suing in the district court. [ footnote 2 ] appellants' complaint in the district court alleged that the communist-front registration provisions of the act were unconstitutional. [ footnote 3 ] the complaint also alleged that the "very pendency of these administrative proceedings . . . has resulted and will continue to result .....
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-06-1967
..... a rule to show cause why the union and its officers should not be held in contempt for violating the september 15 order. without explaining precisely what acts violated the order, the judge held the february strike "illegal . . . under the circumstances," found the union in civil contempt, and fined the union $100,000 per day. ..... points in the proceedings, it appeared that the alleged violation consisted of the work stoppage during the last few days of february; but at other times, the inquiry focused upon the union's request for a grievance meeting on february 28 to discuss the latest set-back problem. "why," counsel for the association asked, ..... client." "mr. scanlan: no, i have nothing further, your honor." "the court: the hearing is closed." thus, despite counsel's repeated requests, the district judge steadfastly refused to explain the meaning of the order. when further set-back disputes disrupted work throughout the port of philadelphia in late february, 1966, the district court issued .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1967
..... true are detailed at length in the opinion of mr. justice harlan. suffice it to say that little investigative effort was expended initially, and no additional inquiries were made even after the editors were notified by respondent and his daughter that the account page 388 u. s. 170 to be published was absolutely ..... the punitive damage award, the majority upheld it as stemming from the "enlightened conscience" of the jury as adjusted by the lawful action of the trial judge. it was in "complete accord" with the trial court's determination that the evidence justified the finding "that what the post did was done with reckless ..... justice fortas). [ footnote 2/4 ] ga.code ann. 105-709(6) provides: "privileged communications. -- the following are deemed privileged communications: " " * * * *" "6. comments upon the acts of public men in their public capacity and with reference thereto." this privilege is qualified by ga.code ann. 105-710, which provides: "malicious use of privilege. -- in every case .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1967
..... agreement were enforceable in federal court but not in the state court, id. at 350 u. s. 204 , posed a choice of two alternatives for judge medina. if he held that the arbitration act rested solely on congress' power, widely recognized in 1925 but negated in erie, to prescribe general federal law applicable in diversity cases, he would be compelled ..... not encroach upon the province of the individual states." cohen & dayton, the new federal arbitration law, 12 va.l.rev. 265, 276-277. all this indicates that the 4 inquiry of whether the making of the arbitration agreement is in issue is to be determined by reference to state law, not federal law formulated by ..... u.s.c. 152(7). in other instances, congress has chosen more restrictive language. fair labor standards act of 1938, 52 stat. 1062, 6, as amended, 29 u.s.c. 206. prior to this case, this court has always made careful inquiry to assure itself that it is applying a statute with the coverage that congress intended, so that the meaning .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-05-1967
..... and declined to decide, pending the outcome of greyhound's 60-day offer, the questions of control under 5 of the interstate commerce act or anticompetitive effect under 7 of the clayton act. a three-judge district court sustained the icc order. held: 1. the icc is required, as a general rule, under its duty to determine ..... 5. section 5 not only deals explicitly with problems of control, but it establishes the public interest criteria which the icc is bound to use in making that type of inquiry. for example, the commission must consider "(1) the effect of the proposed transaction upon adequate transportation service to the public; . . . (3) the total fixed ..... period, and because no prejudice to any party's interests could result from the delay. ii we do not agree that congress limited icc consideration under 20a to an inquiry into fiscal manipulation. [ footnote 4 ] even if congress' primary concern was to prevent such manipulation, the broad terms "public interest" and "lawful object" negate .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-1967
..... have already quoted from clinical experts to show what a wide range the term "psychopathic personality" has. another expert [ footnote 4 ] classifies such a person under three headings: acting: (1) inability to withstand tedium, (2) lack of a sense of responsibility, (3) a tendency to "blow up" under pressure, (4) maladjustment to law and ..... the purely legal question of whether the term "psychopathic personality" included homosexuals and if it suffered illegality because of vagueness. ii the legislative history of the act indicates beyond a shadow of a doubt that the congress intended the phrase "psychopathic personality" to include homosexuals such as petitioner. page 387 u. s ..... petitioner's appeal from the page 387 u. s. 119 finding of the special inquiry officer was dismissed by the board of immigration appeals, without opinion, and his petition for review in the court of appeals was dismissed, with one judge dissenting. 363 f.2d 488. it held that the term "psychopathic personality," as .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-1967
..... 28 u.s.c. 2281. the answer to that question in turn depends upon whether the three-judge courts in these cases were properly convened. in no. 624, appellants attack the validity of an alabama statute (ala.laws 1957, act no. 9, p. 30) prescribing the apportionment and districting scheme for electing members of the houston ..... the suffolk county board of supervisors violates the fourteenth amendment and an injunction prohibiting the appellants from acting as a board of supervisors unless and until a change in their voting strength is made, and requesting the convening of a three-judge court. the 10 towns of suffolk county, new york, elect, by popular vote, a ..... a county charter. since the "statute" in each of these cases is one of limited application, concerning only a particular county involved in the litigation, a three-judge court was improperly convened. appeals should, therefore, have been taken to the respective courts of appeals, not to this court. since the time for perfecting those .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-1967
..... mercy of counsel's ability to marshall and deploy horrible examples which logic may accommodate, but the reality of administration would repel. our training as lawyers and judges, our respect for the administrative process, and our awareness of the complexities of life should warn us not to fall into the trap of abstract, generalized, ..... and destructive in its implications as illustrated by the present application. as will appear, i believe that this approach improperly and unwisely gives individual federal district judges a roving commission to halt the regulatory process, and to do so on the basis of abstractions and generalities instead of concrete fact situations, and that ..... in ewing, 339 u.s. at 339 u. s. 599 , a case under the federal food, drug, and cosmetic act, the court held "it is not a requirement of due process that there be judicial inquiry before discretion can be exercised. it is sufficient, where only property rights are concerned, that there is at some stage an .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-15-1967
..... not merely technical or historical, but, like the hearsay rule, have a sound basis in human experience, they should not be rejected in any judicial inquiry. juvenile court judges in los angeles, tucson, and wisconsin rapids, wisconsin report that they are satisfied with the operation of their courts despite application of unrelaxed rules of evidence ..... children's bureau pub. no. 437-1966, p. 47 (hereinafter cited as standards); new york family court act 721 (1963) (hereinafter cited as n.y.family court act). the court also held that the judge may consider hearsay if it is "of a kind on which reasonable men are accustomed to rely in serious affairs ..... 's protection, and not with his punishment. i do not question that the methods employed in such cases must be consistent with the constitutional obligation to act in accordance with due process, but certainly the fourteenth amendment does not demand that they be constricted by the procedural guarantees devised for ordinary criminal prosecutions. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-24-1967
..... jury found for continental, and although petitioner failed to move for a directed verdict on the counterclaim before its submission to the jury, the trial judge granted petitioner's motion for judgment notwithstanding the verdict. the court of appeals reversed the judgment notwithstanding the verdict on the counterclaim, and remanded the ..... from surrounding economic circumstances, which would include persistent unprofitable sales below cost and drastic price cuts themselves discriminatory. see rowe, price discrimination under the robinson-patman act 141-150 (1962), commenting on the court's statement in f.t.c. v. anheuser-busch, inc., supra, that "a price reduction below cost ..... down, and, at other times, each of the respondents also bore responsibility for the downward pressure on the price structure. we believe that the act reaches price discrimination that erodes competition as much as it does price discrimination that is intended to have immediate destructive impact. in this case, the .....
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