Court : US Supreme Court
Decided on : Jan-09-1967
..... baseball pitcher, warren spahn. he sought an injunction and damages against the unauthorized publication of what purported to be a biography of his life. the trial judge had found that "the record unequivocally establishes page 385 u. s. 386 that the book publicizes areas of warren spahn's personal and private life, albeit ..... so that the article as published was a fictionalized version, this, in my judgment, was a knowing or reckless falsity. "alteration" or "change" denotes a positive act -- not a negligent or inadvertent happening. "fictionalization" and "fiction," to the ordinary mind, mean so departing from fact and reality as to be deliberately divorced from ..... same is continued by such person, firm or corporation after written notice objecting thereto has been given by the person portrayed, and nothing contained in this act shall be so construed as to prevent any person, firm or corporation from using the name, portrait or picture of any manufacturer or dealer in connection .....
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-06-1967
..... subversive organization which would alter, overthrow, or destroy the government by revolution, force, or violence. a three-judge district court dismissed the complaint. held: 1. since the authority to prescribe oaths is provided by 11 of the ober act, which is tied to 1 and 13, the oath here must be considered not in isolation, but with ..... . justice douglas delivered the opinion of the court. this suit for declaratory relief that a maryland teacher's oath required of appellant was unconstitutional was heard by a three-judge court and dismissed. 258 f.supp. 589. we noted probable jurisdiction. 386 u.s. 906. appellant, who was offered a teaching position with the university of maryland ..... [ footnote 2/2 ] or otherwise incorporate it by reference. it contains no terms that are further defined in the statute. in short, the oath must be judged on its own bottom. the only thing that does shine through the opinion of the majority is that its members do not like loyalty oaths. believing that it is .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-23-1967
..... because, under oath, he did not tell the truth. the petitioner was not asked whether he had been "meaningfully associated" with the communist party. nor was the inquiry limited to party membership. he was posed the much broader page 385 u. s. 638 question whether he had ever "been a member of, or in any other ..... testimony indicated that petitioner had been a party member in hungary. petitioner denied party membership, and presented witnesses who testified to his opposition to communism. the district judge found that petitioner became a party member in 1945, remained so for a number of years, attended party meetings, and that petitioner had thus testified falsely in ..... good moral character within page 385 u. s. 635 the meaning of the immigration and nationality act." [ footnote 8 ] the petitioner asks us to reject as "clearly erroneous" the factual conclusion about his party membership reached by the district judge and accepted by the court of appeals. in order to do so, we would be forced .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-23-1967
..... for most state and federal courts (including this court in the exercise of its supervisory power over proceedings in federal courts) has been that the trial judge is given discretion to draw the balance in the context of the trial. in view of this uniform tradition, it is apparent that prior convictions evidence ..... permitting introduction of the evidence. the defendants' interests are protected by limiting instructions, see giacone v. state, supra, and by the discretion residing with the trial judge to limit or forbid the admission of particularly prejudicial evidence even though admissible under an accepted rule of evidence. see spears v. state, 153 tex.cr.r. ..... the state may not show defendant's prior trouble with the law, specific criminal acts, or ill name among his neighbors, even though such facts might logically be persuasive that he is, by propensity, a probable perpetrator of the crime. the inquiry is not rejected because character is irrelevant; on the contrary, it is said .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-12-1967
..... in-court identifications had an independent origin. this was not an issue at trial, although there is some evidence relevant to a determination. that inquiry is most properly made in the district court. we therefore think the appropriate procedure to be followed is to vacate the conviction pending a hearing ..... gathering of evidence -- is "critical" to the court's own view of a "fair trial." i am wholly unwilling to make the specific constitutional right of counsel dependent on judges' vague and transitory notions of fairness and their equally transitory, though thought to be empirical, assessment of the "risk that . . . counsel's absence . . . ..... s. 309 . application of this test in the present context requires consideration of various factors; for example, the prior opportunity to observe the alleged criminal act, the existence of any discrepancy between any pre-lineup description and the defendant's actual description, any identification prior to lineup of another person, the identification .....
Tag this Judgment!