Us Supreme Court Court June 1959 Judgments
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Farmers Educ. and Co-op. Union Vs. Wday, Inc.
Court: US Supreme Court
Decided on: Jun-29-1959
Farmers Educ. & Co-op. Union v. WDAY, Inc. - 360 U.S. 525 (1959) U.S. Supreme Court Farmers Educ. & Co-op. Union v. WDAY, Inc., 360 U.S. 525 (1959) Farmers Educational & Cooperative Union of America v. WDAY, Inc. No. 248 Argued March 23, 1959 Decided June 29, 1959 360 U.S. 525 CERTIORARI TO THE SUPREME COURT OF NORTH DAKOTA Syllabus Section 315(a) of the Federal Communications Act of 1934 provides, in effect, that, if anyone licensed to operate a radio broadcasting station shall permit any person who is a legally qualified candidate for public office to broadcast over such station, he shall "afford equal opportunities" to all other such candidates for that office, and "shall have no power of censorship" over the material broadcast under this section. Held: 1. Such a licensee may not delete material from a candidate's radio speech on the ground that such material may be defamatory. Pp. 360 U. S. 527 -531. 2. Regardless of state law, such a licensee is not liable for defa...
Howard Vs. Lyons
Court: US Supreme Court
Decided on: Jun-29-1959
Howard v. Lyons - 360 U.S. 593 (1959) U.S. Supreme Court Howard v. Lyons, 360 U.S. 593 (1959) Howard v. Lyons No. 57 Argued December 8-9 Restored to the calendar for reargument December 15, 1958 Reargued April 20-21, 1959 Decided June 29, 1959 360 U.S. 593 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus While petitioner was a Captain in the Navy and Commander of the Boston Naval Shipyard, he withdrew recognition of the Federal Employees Veterans Association, of which respondents were officers, and sent an official report of his action, reciting his dissatisfaction with the activities of the Association, to the Chief of the Bureau of Ships and the Chief of Industrial Relations of the Department of the Navy. In accordance with the policy and usual practice of the Navy, he also sent copies of the report to the members of the Massachusetts congressional delegation. Respondents sued him in a Federal District Court for libel, alleging malice. In ...
Taylor Vs. Mcelroy
Court: US Supreme Court
Decided on: Jun-29-1959
Taylor v. McElroy - 360 U.S. 709 (1959) U.S. Supreme Court Taylor v. McElroy, 360 U.S. 709 (1959) Taylor v. McElroy No. 504 Argued March 31 April 1, 1959 Decided June 29, 1959 360 U.S. 709 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Petitioner, a lathe operator and tool and die maker at a plant which manufactures aircraft for the Government, lost his job because of revocation of his security clearance in proceedings similar to those involved in Greene v. McElroy, ante, p. 360 U. S. 474 . After this Court had granted certiorari to review a judgment sustaining that action, his security clearance was restored, and the Solicitor General assured this Court that petitioner now stands in precisely the same position as all others who have been granted clearance, that the evidence in petitioner's file will not be used against him in the future, and that the findings against petitioner have been expunged. Held: the cause is mo...
United States Vs. Colonial Chevrolet Corp.
Court: US Supreme Court
Decided on: Jun-29-1959
UNITED STATES v. COLONIAL CHEVROLET CORP. - 360 U.S. 716 (1959) U.S. Supreme Court UNITED STATES v. COLONIAL CHEVROLET CORP., 360 U.S. 716 (1959) 360 U.S. 716 UNITED STATES v. COLONIAL CHEVROLET CORP. ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 761. Decided June 29, 1959. Certiorari granted and judgment reversed. Solicitor General Rankin, Assistant Attorney General Rice, Joseph F. Goetten and Carolyn R. Just for the United States. Everett A. Corten for respondents. PER CURIAM. The petition for writ of certiorari is granted. The judgment of the United States Court of Appeals for the Fourth Circuit are reversed. Commissioner of Internal Revenue v. Hansen, ante, p. 446; Commissioner of Internal Revenue v. Glover, ante, p. 446; Baird v. Commissioner of Internal Revenue, ante, p. 446. KELLEY v. CITY OF RICHMOND, 360 U.S. 716 (1959) 360 U.S. 716 (1959) "> U.S. Supreme Court KELLEY v. CITY OF RICHMOND, 360 U....
Barr Vs. Matteo
Court: US Supreme Court
Decided on: Jun-29-1959
Barr v. Matteo - 360 U.S. 564 (1959) U.S. Supreme Court Barr v. Matteo, 360 U.S. 564 (1959) Barr v. Matteo No. 350 Argued April 20, 1959 Decided June 29, 1959 360 U.S. 564 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus When petitioner was Acting Director of the Office of Rent Stabilization and respondents were subordinate officials of the same office, petitioner caused to be issued a press release announcing his intention to suspend respondents because of the part which they had played in formulating a plan for the utilization of certain agency funds. The plan had been severely criticized on the floor of Congress, and the congressional criticism had been widely reported in the press. Respondents sued petitioner for libel, alleging malice. Held: Petitioner's plea of absolute privilege in defense of the alleged libel must be sustained. Pp. 360 U. S. 564 -578. 103 U.S.App.D.C. 176, 256 F.2d 890, reversed. For judgment of th...
Greene Vs. Mcelroy
Court: US Supreme Court
Decided on: Jun-29-1959
Greene v. McElroy - 360 U.S. 474 (1959) U.S. Supreme Court Greene v. McElroy, 360 U.S. 474 (1959) Greene v. McElroy No. 180 Argued April 1, 1959 Decided June 29, 1959 360 U.S. 474 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Petitioner, an aeronautical engineer, was general manager of a private corporation engaged in developing and producing for the Armed Forces goods involving military secrets, under contracts requiring the corporation to exclude from its premises persons not having security clearances. Under regulations promulgated by the Secretary of Defense without explicit authorization by either the President or Congress, and after administrative hearings in which he was denied access to much of the information adverse to him and any opportunity to confront or cross-examine witnesses against him, petitioner was deprived of his security clearance on the grounds of alleged Communistic associations and sympathies. As a co...
United States Vs. Hine Pontiac
Court: US Supreme Court
Decided on: Jun-29-1959
UNITED STATES v. HINE PONTIAC - 360 U.S. 715 (1959) U.S. Supreme Court UNITED STATES v. HINE PONTIAC, 360 U.S. 715 (1959) 360 U.S. 715 UNITED STATES ET AL. v. HINE PONTIAC ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 561. Decided June 29, 1959. Certiorari granted and judgments reversed. Solicitor General Rankin, Assistant Attorney General Rice, Joseph F. Goetten and Carolyn R. Just for petitioners. Paul J. Sedgwick and L. W. Anderson for Hine Pontiac, M. M. Wade for Modern Olds, Inc., and Michael J. Salmon and Vincent F. Kilborn for Kilborn et al., respondents. PER CURIAM. The petition for writ of certiorari is granted. The judgments of the United States Court of Appeals for the Fifth Circuit are reversed. Commissioner of Internal Revenue v. Hansen, ante, p. 446; Commissioner of Internal Revenue v. Glover, ante, p. 446; Baird v. Commissioner of Internal Revenue, ante, p. 446. Page 360 U.S. 715, 716 ...
Kingsley Int'l Pictures Corp. Vs. Regents
Court: US Supreme Court
Decided on: Jun-29-1959
Kingsley Int'l Pictures Corp. v. Regents - 360 U.S. 684 (1959) U.S. Supreme Court Kingsley Int'l Pictures Corp. v. Regents, 360 U.S. 684 (1959) Kingsley International Pictures Corp. v. Regents of the University of the State of New York No. 394 Argued April 23, 1959 Decided June 29, 1959 360 U.S. 684 APPEAL FROM THE COURT OF APPEALS OF NEW YORK Syllabus Under provisions of the New York Education Law which were construed by the Court of Appeals of New York as requiring the denial of a license to show a motion picture when "its subject matter is adultery presented as being right and desirable for certain people under certain circumstances," that Court sustained denial of a license to show a motion picture which it found "alluringly portrays adultery as proper behavior." Held: as thus construed and applied, the New York statute violates the freedom to advocate ideas which is guaranteed by the First Amendment and protected by the Fourteenth Amendment from infringement by the S...
Pennsylvania R. Co. Vs. Administrator
Court: US Supreme Court
Decided on: Jun-29-1959
Pennsylvania R. Co. v. Administrator - 360 U.S. 548 (1959) U.S. Supreme Court Pennsylvania R. Co. v. Administrator, 360 U.S. 548 (1959) Pennsylvania R. Co. v. Administrator No. 397 Argued March 26, 1959 Decided June 29, 1959 360 U.S. 548 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Claiming that, under a collective bargaining agreement entered into between his union and a railroad under the Railway Labor Act of 1934, he was entitled to extra pay for each time he had performed service for his employer on the tracks of another railroad, a locomotive engineer retired from railroad service and brought suit for such additional compensation against his former employer in a Federal District Court. Held: notwithstanding his retirement from service, the National Railroad Adjustment Board had exclusive primary jurisdiction over this dispute arising under a collective bargaining agreement, and the District Court properly dismissed the complaint. Pp...
In Re Sawyer
Court: US Supreme Court
Decided on: Jun-29-1959
In re Sawyer - 360 U.S. 622 (1959) U.S. Supreme Court In re Sawyer, 360 U.S. 622 (1959) In re Sawyer No. 326 Argued May 19-20, 1959 Decided June 29, 1959 360 U.S. 622 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus While actively participating as one of the defense counsel in a protracted and highly publicized trial in a Federal District Court in Hawaii of several defendants for conspiracy under the Smith Act, petitioner appeared with one of the defendants at a public meeting and made a speech which led to charges that she had impugned the impartiality and fairness of the presiding judge in conducting the trial and had thus reflected upon his integrity in dispensing justice in the case. These charges were preferred by the Bar Association of Hawaii before the Territorial Supreme Court; that Court referred the charges to the Ethics Committee of the Bar Association, which held a hearing, and found the charges sustained. The Territorial Supreme C...
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