Us Supreme Court Court February 1971 Judgments
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Boilermakers Vs. Hardeman
Court: US Supreme Court
Decided on: Feb-24-1971
Boilermakers v. Hardeman - 401 U.S. 233 (1971) U.S. Supreme Court Boilermakers v. Hardeman, 401 U.S. 233 (1971) International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, AFL-CIO v. Hardeman No. 123 Argued December 16, 1970 Decided February 24, 1971 401 U.S. 233 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Respondent, who was a member of petitioner union, assaulted the business manager of his local for allegedly failing to refer him for a job, and was tried for this conduct by the union on charges of (1) creating dissension and working against the interest and harmony of the local, which carried a penalty of expulsion, and (2) threatening and using force to restrain an officer from discharging the duties of his union office, punishable "as warranted by the offense." He was found "guilty as charged" and expelled for an indefinite period. He later brought suit for damages alleging that petitioner violate...
Time, Inc. Vs. Pape
Court: US Supreme Court
Decided on: Feb-24-1971
Time, Inc. v. Pape - 401 U.S. 279 (1971) U.S. Supreme Court Time, Inc. v. Pape, 401 U.S. 279 (1971) Time, Inc. v. Pape No. 109 Argued December 16, 1970 Decided February 24, 1971 401 U.S. 279 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus In a discussion of "police brutality and related private violence" in its 1961 Report, the Civil Rights Commission mentioned the case of Monroe v. Pape, 365 U. S. 167 , and listed some of the allegations of Monroe's civil rights complaint filed against certain Chicago policemen headed by Deputy Chief of Detectives Pape. In an article about the Report, Time magazine quoted from a summary of the complaint, without indicating that the charges were Monroe's, and not the independent findings of the Commission. Pape sued the petitioner publisher for libel. The Court of Appeals reversed the District Court's grant of Time's motion for summary judgment, holding that there had to be a trial on the question of whet...
Harris Vs. New York
Court: US Supreme Court
Decided on: Feb-24-1971
Harris v. New York - 401 U.S. 222 (1971) U.S. Supreme Court Harris v. New York, 401 U.S. 222 (1971) Harris v. New York No. 206 Argued December 17, 1970 Decided February 24, 1971 401 U.S. 222 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK Syllabus Statement inadmissible against a defendant in the prosecution's case in chief because of lack of the procedural safeguards required by Miranda v. Arizona, 384 U. S. 436 , may, if its trustworthiness satisfies legal standards, be used for impeachment purposes to attack the credibility of defendant's trial testimony. See Walder v. United States, 347 U. S. 62 . Pp. 401 U. S. 223 -226. 25 N.Y.2d 175, 250 N.E.2d 349, affirmed. BURGER, C.J., delivered the opinion of the Court, in which HARLAN, STEWART, WHITE, and BLACKMUN, JJ., joined. BLACK, J., dissented. BRENNAN, J., filed a dissenting opinion, in which DOUGLAS and MARSHALL, JJ., joined, post, p. 401 U. S. 226 . MR. CHIEF JUSTICE BURGER delivered the opinion of the Court...
Monitor Patriot Co. Vs. Roy
Court: US Supreme Court
Decided on: Feb-24-1971
Monitor Patriot Co. v. Roy - 401 U.S. 265 (1971) U.S. Supreme Court Monitor Patriot Co. v. Roy, 401 U.S. 265 (1971) Monitor Patriot Co. v. Roy No. 62 Argued December 17, 1970 Decided February 24, 1971 401 U.S. 265 CERTIORARI TO THE SUPREME COURT OF NEW HAMPSHIRE Syllabus Just before the 1960 New Hampshire Democratic primary election, petitioner newspaper published a column characterizing senatorial candidate Roy as a "former small-time bootlegger." Roy, who was not elected, sued the newspaper and the distributor of the column for libel. The judge told the jury that Roy, as a candidate, was a "public official," and that a rule requiring a showing that the article was false and had been published "with knowledge of its falsity or with reckless disregard of whether it was false or true," applied as long as the libel concerned "official," as opposed to "private," conduct. The jury was instructed that, if it found the libel to be in the "public sector," it had to bring in a verdi...
Relford Vs. Commandant
Court: US Supreme Court
Decided on: Feb-24-1971
Relford v. Commandant - 401 U.S. 355 (1971) U.S. Supreme Court Relford v. Commandant, 401 U.S. 355 (1971) Relford v. Commandant, U.S. Disciplinary Barracks, Ft. Leavenworth No. 98 Argued December 15-16, 1970 Decided February 24, 1971 401 U.S. 355 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Petitioner, then an Army corporal, was convicted in 1961 by a general court-martial for violating Articles 134 and 120 of the Uniform Code of Military Justice by kidnaping and raping, within the bounds of a military reservation, two women -- one, who was waiting for her serviceman brother who was visiting the base hospital; the other, who was on her way from the home on the base where she lived with her serviceman husband to the post exchange where she worked. In this habeas corpus proceeding, the Court granted certiorari on the issue of the retroactivity and scope of O'Callahan v. Parker, 395 U. S. 258 (1969), which held that a court-martial had no...
United States Vs. Weller
Court: US Supreme Court
Decided on: Feb-24-1971
United States v. Weller - 401 U.S. 254 (1971) U.S. Supreme Court United States v. Weller, 401 U.S. 254 (1971) United States v. Weller No. 77 Argued December 10, 1970 Decided February 24, 1971 401 U.S. 254 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Syllabus Appellee, who claimed conscientious objector status, was refused representation by his attorney at the time of his personal appearance before his draft board on the basis of a Selective Service regulation prohibiting such representation. Subsequently indicted for refusing to submit to induction, appellee filed a motion to dismiss, contending that the denial of counsel had deprived him of due process. The District Court granted appellee's motion on the ground that the regulation was not authorized by the Military Selective Service Act of 1967. The United States filed a notice of appeal to this Court, but, after reconsidering and concluding that this Court lacked jurisdiction to ent...
Ramsey Vs. Mine Workers
Court: US Supreme Court
Decided on: Feb-24-1971
Ramsey v. Mine Workers - 401 U.S. 302 (1971) U.S. Supreme Court Ramsey v. Mine Workers, 401 U.S. 302 (1971) Ramsey v. United Mine Workers of America No. 88 Argued December 7, 1970 Decided February 24, 1971 401 U.S. 302 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Petitioner coal mine operators brought this Sherman Act conspiracy action against respondent union alleging that respondent had expressly or impliedly agreed with the major producers to impose the provisions of the 1950 National Bituminous Coal Wage Agreement (NBCWA) on all coal mine operators, knowing that the smaller ones would be unable to meet the NBCWA terms and would be driven out of business. Petitioners based their express agreement claim on a later amendment, the Protective Wage Clause (PWC), whereby respondent undertook not to enter into any agreement with other operators on a basis other than the NBCWA, and their implied agreement claim on the PWC and subsequent activit...
Ocala Star-banner Co. Vs. Damron
Court: US Supreme Court
Decided on: Feb-24-1971
Ocala Star-Banner Co. v. Damron - 401 U.S. 295 (1971) U.S. Supreme Court Ocala Star-Banner Co. v. Damron, 401 U.S. 295 (1971) Ocala Star-Banner Co. v. Damron No. 118 Argued December 17, 1970 Decided February 24, 1971 401 U.S. 295 CERTIORARI TO THE DISTRICT COURT OF APPEAL OF FLORIDA, FIRST DISTRICT Syllabus Petitioner newspaper published a false story that respondent, then a mayor and a candidate for county tax assessor, had been charged with perjury in federal court, and respondent sued for libel. The judge instructed the jury that the charge was libelous per se and that respondent could recover damages without showing malice. The jury awarded compensatory damages. The judge denied the newspaper's motion for a new trial on the basis of the "actual malice" test of New York Times Co. v. Sullivan, 376 U. S. 254 , on the ground that the article did not refer to respondent's official conduct. The Florida District Court of Appeal affirmed, holding that the New York Times ...
Zenith Radio Corp. Vs. Hazeltine Research, Inc.
Court: US Supreme Court
Decided on: Feb-24-1971
Zenith Radio Corp. v. Hazeltine Research, Inc. - 401 U.S. 321 (1971) U.S. Supreme Court Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321 (1971) Zenith Radio Corp. v. Hazeltine Research, Inc. No. 80 Argued November 10, 1970 Decided February 24, 1971 401 U.S. 321 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Respondent (HRI) brought a patent infringement suit against petitioner (Zenith) in 1959, and, in 1963, Zenith counterclaimed for damages alleging violations of the Sherman and Clayton Acts by HRI's participation in patent pools in Canada, Great Britain, and Australia, restricting Zenith's operations in those countries. A year after evidence was closed, the trial judge entered preliminary findings of fact and conclusions of law favoring Zenith. HRI then moved to amend its reply to the counterclaim and to reopen the record for taking additional evidence. HRI sought to assert defenses of the statute of limitations and release, ...
Baird Vs. State Bar of Arizona
Court: US Supreme Court
Decided on: Feb-23-1971
Baird v. State Bar of Arizona - 401 U.S. 1 (1971) U.S. Supreme Court Baird v. State Bar of Arizona, 401 U.S. 1 (1971) Baird v. State Bar of Arizona No. 15 Argued December 9, 1969 Reargued October 14, 1970 Decided February 23, 1971 401 U.S. 1 CERTIORARI TO THE SUPREME COURT OF ARIZONA Syllabus Petitioner, who had passed the Arizona written bar examination, listed all the organizations to which she belonged since age 16 on the Bar Committee questionnaire, but refused to answer the question (No. 27) whether she had ever been a member of the Communist Party or any organization "that advocates overthrow of the United States Government by force or violence." The committee declined to process her application further or recommend her admission to the bar. The Arizona Supreme Court denied her petition for an order to show cause why she should not be admitted to practice law. Held: The judgment of the Arizona Supreme Court is reversed and the case is remanded. Pp. 401 U. S. 5 -10...
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