Defendants: Edward Victor "Eddie" Cicotte, Oscar Emil "Happy" Felsch, Arnold "Chick" Gandil, Joseph Jefferson Wofford, "Shoeless Joe" Jackson, Frederick William "Fred" McMullin, Charles August "Swede" Risberg, George Daniel "Buck" Weaver, Claude Preston "Lefty" Williams, David Zelser, an…
Defendant: Roscoe Conkling "Fatty" Arbuckle Crime Charged: Manslaughter Chief Defense Lawyer: Gavin McNab Chief Prosecutor: Matthew Brady Judge: Harold Louderback Place: San Francisco, California Dates of Trials: November 14-December 4, 1921; January 11-February 3, 1922; March 13—April 12, 1922 Verdicts: First and second trials: Jury deadlocked; Third trial: Not guilty SIGNIFI…
Jacob Abrams, Mollie Steimer, Hyman Lachowsky, Samuel Lipman United States That they were not legally convicted of conspiracy to violate the Espionage Act of 1917. Harry Weinberger Robert T. Stewart John Hessin Clarke (writing for the Court), William Rufus Day, Charles Evans Hughes, Joseph McKenna, James Clark McReynolds, Willis Van Devanter, Edward Douglass White Louis D. Brandeis, Oliver Wendell…
Jesse C. Adkins, et al.; Minimum Wage Board of District of Columbia Children's Hospital of the District of Columbia That the U.S. Congress has the right to establish minimum wages for women and children. Felix Frankfurter Wade H. Ellis Pierce Butler, Joseph McKenna, James Clark McReynolds, George Sutherland (writing for the Court), Willis Van Devanter Oliver Wendell Holmes, Edward Terry Sanford, W…
Defendant: Alphonse "Scarface Al" Capone Crime Charged: Income tax evasion Chief Defense Lawyers: Michael J. Ahern and Thomas D. Nash Chief Prosecutor: George E. 0. Johnson Judge: James H. Wilkerson Place: Chicago, Illinois Dates of Trial: October 6-24, 1931 Verdict: First indictment (tax liability for 1924): Not guilty; second indictment (22 counts): Guilty on five counts (tax liabi…
Defendant: Albert Fish Crime Charged: Murder Chief Defense Lawyers: James Dempsey, Frank J. Mahony Chief Prosecutors: Elbert T. Gallagher, Thomas D. Scoble Judge: Frederick P. Close Place: White Plains, New York Date of Trial: March 11en22, 1935 Verdict: Guilty Sentence: Death SIGNIFICANCE: The always-blurred distinctions between medical and criminal insanity became virtually indistinguishable dur…
Defendant: Alexander Pantages Crime Charged: Rape Chief Defense Lawyers: Earl M. Daniels, W. J. Ford, Jerry Giiesler, and W. I. Gilbert Chief Prosecutors: Burton Fitts, and Robert P. Stewart Judge: Charles Fricke Place: Los Angeles, California Dates of Trials: First: October 4-27, 1929; Second: November 3-27, 1931 Verdict: First trial: Guilty; Second trial: Not guilty Sentence: First trial: 50 yea…
George Ashwander Tennessee Valley Authority That the Tennessee Valley Authority (TVA) was not a legitimate federal agency, and that it did not have the authority to sell the electrical power that was a by-product of its dam construction. Forney Johnston, James M. Beck John Lord O'Brian, Stanley F. Reed Pierce Butler, Charles Evans Hughes (writing for the Court), James Clark McReynolds, Owen Joseph…
Baldwin, for the state of New York G. A. F. Seelig, Inc. That G. A. F. Seelig, Inc., a milk distributor, had no right under the New York Milk Control Act to sell milk in New York state, milk that had been purchased outside the state at a price lower than the minimum established by the act. Louis D. Brandeis, Pierce Butler, Benjamin N. Cardozo (writing for the Court), Charles Evans Hughes, James Cl…
Defendant: Benjamin Gitlow Crime Charged: Criminal Anarchy Chief Defense Lawyers: Trial Court: Clarence Darrow; U.S. Supreme Court: Walter H. Pollak, Walter Nelles Chief Prosecutors: Trial Court: Alexander I. Rorke; U.S. Supreme Court: John Caldwell Meyers, W. J. Wetherbee, Claude T. Dawes Judges: Trial Court: Bartow S. Weeks; U.S. Supreme Court: Chief Justice William Howard Taft, Willis Van Devan…
Defendants: Louis Berrett and Clement F. Molway Crime Charged: Murder Chief Defense Lawyers: Charles W. Barrett, Charles E. Flynn, John P. Kane, and Frank Tomasello Chief Prosecutors: Hugh A. Cregg, Charles E. Green, and John S. Wilson Judge: Thomas J. Hammond Place: Salem, Massachusetts Dates of Trial: February 12-27, 1934 Verdict: Not guilty SIGNIFICANCE: The Berrett-Molway trial is a classic ca…
Defendant: Brigadier General William Mitchell Crime Charged: Insubordination and "conduct of a nature to bring discredit upon the military service" Chief Defense Lawyers: Frank G. Plain, Frank Reid, and Colonel Herbert A. White Chief Prosecutors: Major Allen W. Gullion, Lieutenant Joseph L. McMullen, and Colonel Sherman Moreland Judges: Major General Charles P. Summerall, Chief of th…
Block Hirsh That the appellant should be allowed to remain in his apartment by reversing a lower court decision invalidating a rent control law as unconstitutional. Jesse C. Adkins William G. Johnson Louis D. Brandeis, John Hessin Clarke, William Rufus Day, Oliver Wendell Holmes (writing for the Court), Mahlon Pitney Joseph McKenna, James Clark McReynolds, Willis Van Devanter, Edward Douglass Whit…
Ed Brown, et al. State of Mississippi That their confessions to crimes they had committed, obtained during and after torture at the hands of police officers and the general citizenry, were invalid in court. Earl Brewer, J. Morgan Stevens W. D. Conn, W. H. Maynard Louis D. Brandeis, Pierce Butler, Benjamin N. Cardozo, Charles Evans Hughes (writing for the Court), James Clark McReynolds, Owen Joseph…
Defendant: Bruno Richard Hauptmann Crime Charged: Murder Chief Defense Lawyer: Edward J. Reilly Chief Prosecutor David T. Wilentz Judge: Thomas W. Trenchard Place: Flemington, New Jersey Dates of Trial: January 2-February 13, 1935 Verdict: Guilty Sentence: Death by electrocution SIGNIFICANCE: The use of scientific crime detection, a conviction entirely on circumstantial evidence, and the circus-li…
Carrie Buck Dr. J. H. Bell That Virginia's eugenic sterilization law violated Carrie Buck's constitutional rights. Irving Whitehead Aubrey E. Strode Louis D. Brandeis, Oliver Wendell Holmes (writing for the Court), James Clark McReynolds, Edward Terry Sanford, Harlan Fiske Stone, George Sutherland, William Howard Taft, Willis Van Devanter Pierce Butler Washington, D.C. 2 May 1927 Upheld as constit…
Plaintiff: Carrie Buck Defendant: Dr. J.H. Bell Appellant's Claim: That Virginia's eugenic sterilization law violated Carrie Buck's constitutional rights Chief Defense Lawyer: Aubrey E. Strode Chief Lawyer for Appellant: Irving Whitehead Justices: Louis D. Brandeis, Pierce Butler, Willis Van Devanter, Oliver Wendell Holmes, James C. McReynolds, Edward T. Sanford, Harlan F. Sto…
Newton Cantwell State of Connecticut That a state law requiring prior official approval before soliciting door-to-door violates the First Amendment guarantee of freedom of religion. Hayden C. Covington Edwin S. Pickett and Francis A. Pallotti Hugo Lafayette Black, William O. Douglas, Felix Frankfurter, Charles Evans Hughes, James Clark McReynolds, Frank Murphy, Stanley Forman Reed, Owen Josephus R…
George Carroll, John Kiro United States That since there was no basis for the search of their car, the evidence resulting from the search should have been excluded from trial, their arrest and seizure were unlawful, and the use of the liquor as evidence violated their constitutional rights. Thomas E. Atkinson John G. Sargent, Attorney General; James M. Beck William Howard Taft (writing for the Cou…
James Walter Carter Carter Coal Co. That the Bituminous Coal Conservation Act of 1935, part of President Franklin Roosevelt's New Deal, was an unconstitutional intrusion of the federal government into rights reserved for the states under the Tenth Amendment. Frederick H. Wood, William D. Whitney, Richard H. Wilmer Karl J. Hardy Pierce Butler, Charles Evans Hughes, James Clark McReynolds, Owen Jose…
Isiah (Izell) Chambers, Jack Williamson, Charlie Davis, Walter Woodward (Woodard) State of Florida Four black men sentenced to death for the murder of a white man claimed their convictions were obtained "solely upon confessions and pleas of guilt extorted by violence and torture" in violation of the Fourteenth Amendment. Leon A. Ransom, S. D. McGill, Thurgood Marshall Tyrus A. Norwood Hugo Lafayet…
Defendant: Charles "Lucky" Luciano Crime Charged: Compulsory prostitution Chief Defense Lawyers: Francis W.H. Adams and George Morton Levy Chief Prosecutor: Thomas E. Dewey Judge: Philip J. McCook Dates of Trial: May 13-June 7, 1936 Verdict: Guilty Sentence: 30 to 50 years imprisonment SIGNIFICANCE: The "Lucky" Luciano case is a paradox: It proves that, no matter how mu…
Defendants: Earl Gentry, Earl Klinck, and David Curtis Stephenson Crime Charged: Murder Chief Defense Lawyers: Floyd Christian, Ira W. Holmes, and "Eph" Inman Chief Prosecutors: Charles E. Cox, Ralph Kane, William H. Remy Judge: Will M. Sparks Place: Noblesville, Indiana Dates of Trial: October 28-November 14, 1925 Verdicts: Stephenson: guilty; Gentry and Klinck: not guilty Sentence:…
Defendant: David L. Marshall Crime Charged: Murder Chief Defense Lawyer: Abraham Wernick Chief Prosecutor: Charles E. Fox Judge: Harry S. McDevitt Place: Philadelphia, Pennsylvania Date of Trial: March 8-24, 1926 Verdict: Guilty: second-degree murder Sentence: 10-20 years SIGNIFICANCE: Illicit sex, blackmail, and a savage killing all combined to make this one of the most sensational trials in Penn…
Dirk De Jonge State of Oregon That an Oregon statute outlawing criminal syndicalism, the advocacy of change of government or business ownership by violence or other unlawful means, violates the right to freedom of assembly, which is protected by the First Amendment. Osmond K. Fraenkel Maurice E. Tarshis Louis D. Brandeis, Pierce Butler, Benjamin N. Cardozo, Charles Evans Hughes (writing for the Co…
Erie Railroad Company Tompkins That state law, rather than federal court decisions, should determine whether the railroad was liable for injuries Tompkins suffered when walking along the railroad's right-of-way. Theodore Kiendl Fred H. Rees Hugo Lafayette Black, Louis D. Brandeis (writing for the Court), Charles Evans Hughes, Owen Josephus Roberts, Harlan Fiske Stone, Stanley Forman Reed Pierce Bu…
Village of Euclid, Ohio Ambler Realty Co. That a decree of the U.S. District Court for Northern District of Ohio enjoining enforcement of village zoning regulations should be reversed. James Metzenbaum Newton D. Baker Louis D. Brandeis, Oliver Wendell Holmes, Edward Terry Sanford, Harlan Fiske Stone, George Sutherland (writing for the Court), William Howard Taft Pierce Butler, James Clark McReynol…
Philip Grossman District of Illinois That the president's pardon covers all offenses in the case of the petitioner, and the courts may not convict the petitioner of crimes that have been pardoned. Louis J. Behan Amos C. Miller, F. Bruce Johnstone Louis D. Brandeis, Pierce Butler, Oliver Wendell Holmes, Joseph McKenna, James Clark McReynolds, Edward Terry Sanford, George Sutherland, William Howard …
Defendants: Frances Stevens Hall, Henry Stevens, and William Stevens Crime Charged: Murder Chief Defense Lawyers: Clarence E. Case, Robert H. McCarter, and Timothy N. Pfeiffer Chief Prosecutors: Francis L. Bergen and Alexander Simpson Judges: Frank L. Cleary and Charles W. Parker Place: Somerville, New Jersey Dates of Trial: November 3-December 3, 1926 Verdict: Not guilty SIGNIFICANCE: This trial …
James Alphonzo Frye United States That the trial court erred when it refused the introduction of a systolic blood pressure deception test and expert testimony on the test as evidence. Richard V. Mattingly, Foster Wood Peyton Gordon, J. H. Bilbrey George Ewing Martin, Constantine J. Smyth, Josiah A. Van Orsdel (writing for the court) None Washington, D.C. 3 December 1923 Upheld the conviction of Fr…
Thomas Gibbons Aaron Ogden That the exclusive right granted by the state of New York to Aaron Ogden to operate steamships within state waters was in conflict with the steamship license issued under an act of Congress to Thomas Gibbons. Thomas A. Emmet, Thomas J. Oakley William Wirt, Daniel Webster, David B. Ogden Gabriel Duvall, William Johnson, John Marshall (writing for the Court), Joseph Story,…
Gitlow was responsible for publishing and disseminating the group's views. He did so in such pamphlets as the "The Left Wing Manifesto." The manifesto was also published in The Revolutionary Age, the official paper of the Left Wing. The opinions expressed in these publications formed the bases for the defendant's convictions under Sections 160 and 161 of the penal law o…
Benjamin Gitlow, publisher of The Revolutionary Age newspaper State of New York That a statute making a crime of anarchy violated the Due Process Clause of the Fourteenth Amendment. Walter Nelles and Walter H. Pollak W.J. Weatherbee, Deputy Attorney General of New York, and John Caldwell Myers, Assistant District Attorney of New York County Pierce Butler, James Clark McReynolds, Edward Terry Sanfo…
Defendant: Gertrude Vanderbilt Whitney (Mrs. Harry Payne Whitney) Appellant: Gloria Morgan Vanderbilt (Mrs. Reginald Vanderbilt) Appellant Claim: Custody of Gloria Laura Vanderbilt, a minor Chief Defense Lawyer: Herbert C. Smyth Chief Lawyer for Appellant: Nathan Burkan Judge: John Francis Carew Place: New York, New York Dates of Trial: October 1-November 21, 1934 Decision: Custody awarded to Whit…
Alice Lee Grosjean, Supervisor of Public Accounts for the State of Louisiana American Press Co. That a state law imposing an advertising sales tax on large-circulation newspapers violates the principle of freedom of the press. Charles J. Rivet and Gaston L. Porterie Esmond Phelps and Elisha Hanson Louis D. Brandeis, Pierce Butler, Benjamin N. Cardozo, Charles Evans Hughes, James Clark McReynolds, …
Frank Hague Committee for Industrial Organization That city officials' use of ordinances requiring permits for public meetings and public distribution of literature intentionally and unconstitutionally interfered with union activities. Charles Hershenstein, Edward J. O'Mara, James A. Hamill Morris L. Earnst, Spaulding Frazer Hugo Lafayette Black, Charles Evans Hughes, Stanley Forman Reed, Owen Jos…
W. C. Hammer, U.S. Attorney for the Western District of North Carolina Roland Dagenhart That Roland Dagenhart, by allowing his two teenaged sons to work in a North Carolina cotton mill, was in violation of the Keating-Owen Act, which limited child labor. John William Davis, U.S. Solicitor General; Roscoe Pound, Dean of Harvard Law School Junius Parker William Rufus Day (writing for the Court), Jos…
Defendant: Henry Colin Campbell Crime Charged: Murder Chief Defense Lawyer: Francis A. Gordon Chief Prosecutor: Abe J. David Judge: Clarence E. Case Place: Elizabeth, New Jersey Date of Trial: June 9-13, 1929 Verdict: Guilty Sentence: Death SIGNIFICANCE: A curious case in which claims of amnesia were used by a killer to demonstrate his mental instability and hopefully keep him off death row. When …
Appellant: Angelo Herndon Defendant: James L. Lowry Appellant Claim: Unlawful arrest Chief Defense Lawyer: J. Waiter LeCraw Chief Lawyers for Appellant: Whitney North Seymour, W. A. Sutherland, Elbert P. Tuttle Justices: Louis D. Brandeis, Pierce Butler, Benjamin N. Cardozo, Charles Evans Hughes, James C. McReynolds, Owen J. Roberts, Harlan F. Stone, George Sutherland, Willis Van Devanter Place: W…
Home Building & Loan Association John H. Blaisdell That the 1933 Minnesota Mortgage Moratorium Law, intended to avert mortgage foreclosures during the Great Depression, violated the Contract Clause of Article I of the Constitution, which bars state impairment of the obligations of contracts. Karl H. Covell, Alfred W. Bowen Harry H. Peterson, William S. Ervin Louis D. Brandeis, Benjamin N. Cardozo,…
Samuel F. Rathbun, as Executor of the Estate of William E. Humphrey, deceased United States That the president cannot remove an appointed commissioner without just cause. William J. Donovan Attorney General Homer S. Cummings, Solicitor General Stanley F. Reed Louis D. Brandeis, Pierce Butler, Benjamin N. Cardozo, Charles Evans Hughes, James Clark McReynolds, Owen Josephus Roberts, Harlan Fiske Sto…
Defendants: John S. Williams and Clyde Manning Crime Charged: Murder Defense Attorneys: Williams: Greene F. Johnson, W. H. Key, and C. C. King; Manning: E. Marvin Underwood, A. D. Meadows Prosecuting Attorneys: A. M. Brand, William M. Howard, Graham Wright Judge: John B. Hutcheson Place: Covington, Georgia Dates of Trials: April 5-9, 1921 (Williams); May 30-1, 1921 (Manning) Verdicts: Williams: gu…
Name of Defendant: John Thomas Scopes Crime Charged: Teaching evolution Chief Defense Lawyers: Clarence Darrow, Arthur Garfield Hays, and Dudley Field Malone. Chief Prosecutors: William Jennings Bryan and A.T. Stewart Judge: John T. Raulston Place: Dayton, Tennessee Dates of Trial: July 10-21, 1925 Verdict: Guilty; however, neither side won the case because the decision was reversed on a technica…
John A. Johnson Fred G. Zerbst, Warden, U.S. Penitentiary, Atlanta, Georgia That the court must appoint lawyers to represent indigent defendants in federal criminal cases. Elbert P. Tuttle Bates Booth Hugo Lafayette Black (writing for the Court), Pierce Butler, James Clark McReynolds, Stanley Forman Reed Louis D. Brandeis, Charles Evans Hughes, Owen Josephus Roberts, Harlan Fiske Stone (Benjamin N…
Defendant: Joseph Zangara Crime Charged: Murder Chief Defense Lawyers: James M. McCaskill, Alfred A. Raia, and Lewis Twyman Chief Prosecutor: Charles A. Morehead Judge: Uly 0. Thompson Place: Miami, Florida Date of Trial: March 9, 1933 Verdict: Guilty Sentence: Death by electrocution SIGNIFICANCE: Joseph Zangara's failed attempt to assassinate U.S. President-elect Franklin D. Roosevelt demo…
A.L.A. Schechter Poultry Corporation United States That the code of fair business practice established under the National Industrial Recovery Act of 1933 could not affect its business because the code did not have the force of law. Joseph Heller Donald P. Richberg Louis D. Brandeis, Pierce Butler, Benjamin N. Cardozo, Charles Evans Hughes (writing for the Court), James Clark McReynolds, Owen Josep…
Defendants: Nathan F. Leopold, Jr., and Richard Loeb Crimes Charged: Murder and kidnapping Chief Defense Lawyers: Clarence Darrow, Benjamin Bachrach, and Walter Bachrach Chief Prosecutors: Robert E. Crowe, Thomas Marshall, Joseph P. Savage, John Sbarbaro, and Milton Smith Judge: John R. Caverly Place: Chicago, Illinois Dates of Trial: July 23-September 10, 1924 Verdict: Guilty Sentences: Life impr…
Defendants: Llewellyn and Edith Banks Crime Charge: Murder Chief Defense Lawyers: Thomas J. Enright, William Phipps, Frank J. Lonergan, Charles A. Hardy, Joseph L. Hammersly Chief Prosecutors: William S. Levens, Ralph P. Moody, George Codding, George W. Neilson Judge: George F. Skipworth Place: Eugene, Oregon Date of Trial: May 1-21, 1933 Verdict: Llewellyn Banks: Guilty of second-degree murder; E…
Alma Lovell City of Griffin, Georgia A city ordinance prohibiting distribution of any kind of literature within the city limits without permission of the city manager violates the First and Fourteenth. Amendments. O. R. Moyle Hughes Spalding and Sumter M. Kelley Hugo Lafayette Black, Louis D. Brandeis, Pierce Butler, Charles Evans Hughes (writing for the Court), James Clark McReynolds, Stanley For…
Defendants: Elie Garcia, Marcus Mosiah Garvey, Orlando Thompson, and George Tobias Crime Charged: Using the U.S. mail to defraud Chief Defense Lawyers: Armin Kohn, William C. Mathews, Cornelius W. McDougald, and Vernal Williams (Garvey also represented himself) Chief Prosecutor: Maxwell S. Mattuck Judge: Julian W. Mack Place: New York, New York Dates of Trial: May 18-June 19, 1923 Verdicts: Guilty…
Appellant & Defendant: Martin T. Manton Appellee & Plaintiff: United States Appellant Claim: Reversal of conviction for conspiracy to obstruct the administration of justice and to defraud the United States, and dismissal of sentence Chief Lawyers for Plaintiff: John T. Cahill, Mathias F. Correa, Frank H. Gordon, Silvio J. Mollo, and Robert L. Werner Chief Lawyers for Appellant: Willi…
Plaintiff: Mary Astor Defendant: Franklyn Thorpe Plaintiff Claims: Custody of child, annulment of marriage, and abrogation of property settlement in earlier divorce Chief Defense Lawyers: Joseph Anderson and Michael Narlian Chief Lawyers for Plaintiff: Joseph F. Rank and Roland Rich Woolley Judge: Goodwin J. Knight Place: Los Angeles, California Dates of Trial: July 29-August 14, 1936 Verdict: Dec…
John J. McGrain Mally S. Daugherty That the U.S. Senate had not exceeded its authority in compelling a witness to testify before a committee investigating the Teapot Dome scandal. George W. Wickersham Arthur I. Vorys, John P. Phillips Louis D. Brandeis, Pierce Butler, Oliver Wendell Holmes, James Clark McReynolds, Edward Terry Sanford, George Sutherland, William Howard Taft, Willis Van Devanter (w…
The Court defined two issues: whether the Senate or House of Representatives has authority to use its own process to compel a private person to appear as a witness and to testify before it or one of its committees in order that Congress can perform a legislative function that it has under the Constitution; and whether the process that was used in this case was directed toward that purpose. Before …
Minersville School District Walter Gobitis That forcing a schoolchild to salute the American flag in violation of her religious principles abridges her First Amendment right to exercise her faith freely. Joseph W. Henderson George K. Gardner and Joseph F. Rutherford Hugo Lafayette Black, William O. Douglas, Felix Frankfurter (writing for the Court), Charles Evans Hughes, James Clark McReynolds, Fr…
Appellants: Frank Moore and 11 others Defendant: E.H. Dempsey Appellants Claim: That a petition for writ of habeas corpus was wrongfully dismissed Chief Defense Lawyers: Elbert Godwin Chief Lawyer for Appellant: U.S. Bratton, Scipio A. Jones, and Moorefield Storey Justices: Louis D. Brandeis, Pierce Butler, Oliver Wendell Holmes, Joseph McKenna, James C. McReynolds, Edward T. Sanford, George Suthe…
Warden Morehead People of State of New York That the minimum wage law that allowed the New York State Industrial Commission to fix wages based upon the class of services provided by female employees denies the employer the right to enter into contracts as provided under the Fourteenth Amendment of the Constitution of the United States. Henry Epstein Nathan L. Miller, Arthur Levitt Pierce Butler (w…
James H. Mulford Nat Smith That penalties under the Agricultural Adjustment Act of 1938 for overproduction are unconstitutional. A. J. Little, L. E. Heath Omer W. Franklin Hugo Lafayette Black, Felix Frankfurter, Charles Evans Hughes, Stanley Forman Reed, Owen Josephus Roberts (writing for the Court), Harlan Fiske Stone Pierce Butler, James Clark McReynolds (Louis D. Brandeis did not participate) …
Lois P. Myers, administrator of the estate of Frank S. Myers United States That President Woodrow Wilson illegally dismissed Frank Myers from his job as postmaster, and Myers was owed back pay. Will R. King, Martin L. Pipes James M. Beck, U.S. Solicitor General Pierce Butler, Edward Terry Sanford, Harlan Fiske Stone, George Sutherland, William Howard Taft (writing for the Court), Willis Van Devant…
National Labor Relations Board Jones & Laughlin Steel Corporation That Congress has the power to pass legislation that regulates the economy by protecting the rights of organized labor. Attorney General Homer S. Cummings, Solicitor General Stanley F. Reed, and J. Warren Madden Earl F. Reed Louis D. Brandeis, Benjamin N. Cardozo, Charles Evans Hughes (writing for the Court), Owen Josephus Roberts, …
Having laid out the features of the law and the Court's initial concerns, Hughes reviewed the history of freedom of the press in England and quoted approvingly from Blackstone that liberty of the press consists in laying no previous restraints upon publication and not in freedom from censure for criminal matter when published. Hughes concluded that this principle had been honored since the …
J. M. Near State of Minnesota, ex rel. Floyd B. Olson, County Attorney of Hennepin County That a state "gag law" preventing publication of his newspaper constitutes prior restraint prohibited by the First Amendment. Weymouth Kirkland, T. E. Latimer James E. Markham, Arthur L. Markve Louis D. Brandeis, Oliver Wendell Holmes, Charles Evans Hughes (writing for the Court), Owen Josephus Roberts, Harla…
Margaret H. Sanger State of New York That the Comstock Act of 1873 violated both the federal and state Constitutions; therefore Sanger was not guilty of a criminal act when she opened the first birth control clinic. Jonah J. Goldstein Harry E. Lewis William S. Andrews, Benjamin N. Cardozo, Emory A. Chase, Frederick Collin, Frederick E. Crane (writing for the court), William H. Cuddeback, Frank H. …
Roy Olmstead, et al. United States That the government's use of evidence obtained through illegal wiretaps violated his Fourth Amendment protection against illegal search and seizure and his right under the Fifth Amendment not to incriminate himself. John F. Dore John G. Sargent, U.S. Attorney General; Michael J. Doherty James Clark McReynolds, Edward Terry Sanford, George Sutherland, William Howa…
Frank Palko State of Connecticut That when the state tried him a second time for the same offense, it violated the constitutional prohibition on double jeopardy. David Goldstein, George A. Saden William H. Comley Hugo Lafayette Black, Louis D. Brandeis, Benjamin N. Cardozo (writing for the Court), Charles Evans Hughes, James Clark McReynolds, Owen Josephus Roberts, Harlan Fiske Stone, George Suthe…
The unique facts of the case created a need for a new application of the generally accepted theory that negligence is the absence of care, according to the circumstances. Mrs. Palsgraf was standing on a railroad platform when she was injured by falling scales. The scales toppled as the result of a shock of an explosion caused by an accident that occurred at the other end of the platform, "m…
Long Island Railroad Company Helen Palsgraf That Ms. Palsgraf failed to establish that her injuries resulted from the defendant's negligence, and that her case should have been dismissed by the State Circuit Court in Kings County, New York. William McNamara Matthew W. Wood Benjamin N. Cardozo, Henry T. Kellogg, Irving Lehman, Cuthbert W. Pound William S. Andrews, Frederick E. Crane, Denis O'Brien …
Haywood Patterson State of Alabama That the exclusion of blacks from a jury list should invalidate the conviction of a black defendant. Walter H. Pollak Thomas E. Knight, Jr. Louis D. Brandeis, Pierce Butler, Benjamin N. Cardozo, Charles Evans Hughes (writing for the Court), Owen Josephus Roberts, Harlan Fiske Stone, George Sutherland, Willis Van Devanter None (James Clark McReynolds did not parti…
John Patton, Harold Conant, Jack Butler United States That defendants in a federal criminal trial cannot waive their right to a trial by jury composed of fewer than 12 jurors. Claude Nowlin Charles E. Hughes, U.S. Solicitor General Louis D. Brandeis, Pierce Butler, Oliver Wendell Holmes, James Clark McReynolds, Harlan Fiske Stone, Edward Terry Sanford, George Sutherland (writing for the Court), Wi…
Walter M. Pierce, Governor of Oregon Society of Sisters of the Holy Names of Jesus and Mary, Hill Military Academy That an Oregon law requiring students between eight and sixteen years old to attend public schools did not violate the Fourteenth Amendment. George E. Chamberlain, Albert H. Putney William D. Guthrie Louis D. Brandeis, Pierce Butler, Oliver Wendell Holmes, James Clark McReynolds (writ…
Okanogan, Methow, San Poelis, Nespelem, Colville, and Lake Indian Tribes or Bands of Washington State United States That the U.S. Court of Claims erred in finding a suit by the Okanogan Indians, et al. to be without legal foundation. William S. Lewis William D. Mitchell, U.S. Attorney General Louis D. Brandeis, Pierce Butler, Oliver Wendell Holmes, James Clark McReynolds, Edward Terry Sanford (wri…
On March 25, 1931, nine young black men were traveling on a freight train through Alabama. Haywood Patterson, Eugene Williams, and brothers Roy and Andy Wright were friends, having grown up together in Chattanooga, Tennessee. Ozie Powell, Olen Montgomery, Charley Weems, Willie Roberson, and Clarence Norris all hailed from different parts of Georgia. Also on the train were seven white men and two w…
Ozie Powell, et al. State of Alabama That the group had been denied due process when they were convicted of rape. Walter H. Pollak Thomas E. Knight, Jr. Louis D. Brandeis, Benjamin N. Cardozo, Charles Evans Hughes, Owen Josephus Roberts, Harlan Fiske Stone, George Sutherland (writing for the Court), Willis Van Devanter Pierce Butler, James Clark McReynolds Washington, D.C. 7 November 1932 That the…
Defendants: Ruth Snyder and Judd Gray Crime Charged: Murder Chief Defense Lawyers: For Ruth Snyder: Edgar F. Hazleton and Dana Wallace; For Judd Gray: Samuel L. Miller and William J. Millard Chief Prosecutor: Richard E. Newcombe Judge: Townsend Scudder Place: Long Island City, Queens, New York Dates of Trial: April 27-May 9, 1927 Verdict: Guilty Sentence: Death by electrocution SIGNIFICANCE: In a …
Defendants: Nicola Sacco and Bartolomeo Vanzetti Crime Charged: Murder Chief Defense Lawyers: William J. Callahan, Herbert B. Ehrmann, James M. Graham, Arthur Dehon Hill, Jeremiah J. McAnarney, Thomas F. McAnarney, Fred H. Moore, Michael Angelo Musmanno, William G. Thompson, and John P. Vahey Chief Prosecutors: Frederick Gunn Katzmann, Donald P. Ramsey, and Harold P. Williams Judge: Webster Thayer…
Defendants: Samuel Insull, Samuel Insull, Jr., Harold L. Stuart, and 13 others Crime Charged: Use of the mails to defraud Chief Defense Lawyers: Frederick Burnham, James J. Condon, Harry S. Ditchburne, William H. Haight, John J. Healy, Charles E. Lounsbury, J. Fred Reeve, and Floyd E. Thompson Chief Prosecutors: Dwight H. Green and Leslie Salter Judge: James H. Wilkerson Place: Chicago, Illinois D…
Appellant & Defendant: Charles T. Schenck Appellee & Plaintiff: The United States of America Appellant Claim: Not guilty, as convicted, of conspiracy to violate the Espionage Act of 1917 Chief Defense Lawyer: John Lord O'Brian Chief Lawyers for Appellant: Henry J. Gibbons and Henry John Nelson Justices: Louis D. Brandeis, John H. Clarke, William R. Day, Oliver Wendell Holmes, …
Charles T. Schenck United States That his speech was protected by the First Amendment. Henry J. Gibbons, Henry John Nelson John Lord O'Brian Louis D. Brandeis, John Hessin Clarke, William Rufus Day, Oliver Wendell Holmes (writing for the Court), Charles Evans Hughes, Joseph McKenna, James Clark McReynolds, Willis Van Devanter, Edward Douglass White None Washington, D.C. 3 March 1919 Schenck's spee…
Defendants: Olin Montgomery, Clarence Norris, Haywood Patterson, Ozie Powell, Willie Roberson, Charles Weems, Eugene Williams, Andy Wright, and Roy Wright Crime Charged: Rape Chief Defense Lawyers: Joseph Brodsky, George W. Chamlee, Samuel S. Leibowitz, Milo Moody, Stephen R. Roddy, and Clarence Watts Chief Prosecutors: H. G. Bailey, Melvin Hutson, Thomas G. Knight, Jr., Thomas Lawson, and Wade Wr…
Joseph F. Arver, et al. United States of America That the Selective Draft Act of 1917 violated Article I, Section 8 and the First and Thirteenth Amendments, among other provisions of the Constitution. T. E. Latimer, Edwin T. Taliferro, Harry Weinberger John W. Davis, Solicitor General Louis D. Brandeis, John Hessin Clarke, William Rufus Day, Oliver Wendell Holmes, Joseph McKenna, James Clark McRey…
South Carolina State Highway Department, et al. Barnwell Bros., Inc. et al. That South Carolina restrictions on the weight and width of trucks did not violate the Commerce Clause of the Constitution. Steve C. Griffith, Thomas W. Davis, and Eugene S. Blease S. King Funkhouser and Frank Coleman Hugo Lafayette Black, Louis D. Brandeis, Pierce Butler, Charles Evans Hughes, James Clark McReynolds, Owen…
Stafford and Company, a firm engaged in the buying and selling of livestock Henry C. Wallace, U.S. Secretary of Agriculture That the operation of stockyards did not constitute interstate commerce, and therefore Congress did not have authority under the commerce clause of the U.S. Constitution to enforce the Packers and Stockyards Act of 1921. E. Godman James Montgomery Beck, U.S. Solicitor General…
Lloyd L. Gaines S. W. Canada, Registrar of the University of Missouri That rejection of an African American applicant by the all-white University of Missouri Law School violates equal protection under the law as mandated by the Fourteenth Amendment. Charles F. Houston and S. R. Redmond William S. Hogsett and Fred L. Williams Hugo Lafayette Black, Louis D. Brandeis, Charles Evans Hughes (writing fo…
Frank W. McAllister, Attorney General of Missouri Ray P. Holland That federal laws pursuant to the Migratory Bird Act and enforcement thereof were an invasion of sovereign states rights as set forth in the Tenth Amendment. Alexander C. King, Solicitor General; William L. Frierson, Assistant Attorney General John T. Gose, J. Harvey Louis D. Brandeis, John Hessin Clarke, William Rufus Day, Oliver We…
Yetta Stromberg State of California That the California Red Flag Law prohibits symbolic speech and therefore violates the First Amendment. John Beardsley John D. Richer Louis D. Brandeis, Oliver Wendell Holmes, Charles Evans Hughes (writing for the Court), Willis Van Devanter, James Clark McReynolds, Owen Josephus Roberts, Harlan Fiske Stone, George Sutherland Pierce Butler Washington, D.C. 18 May…
Defendants: Ossian and Henry Sweet Crimes Charged: Conspiracy to commit murder and murder Chief Defense Lawyers: Clarence Darrow, Arthur Garfield Hays, and Thomas Chawke Chief Prosecutors: Robert M. Toms and Lester S. Moll Judge: Frank Murphy Place: Detroit, Michigan Dates of Trials: First trial: November 1925; second trial: April-May 1926 Verdicts: First trial: Mistrial/hung jury; second trial: N…
Defendants: Sherman Burns: trial 3; William J. Burns: trial 3; Henry Mason Day: trial 3; Edward L. Doheny: trials 1 and 8; Albert B. Fall: trials 1, 3, and 7; Harry F. Sinclair: trials 2, 3, and 4; and Robert W. Stewart: trial 6 Crimes Charged: Conspiracy to defraud the U.S. government: trials 1 and 4; Contempt of the U.S. Senate: trials 2 and 5; Contempt of court for jury shadowing: trial 3; Perj…
Defendants: Grace Fortescue, Albert 0. Jones, Edward J. Lord, and Thomas H. Massie Crime Charged: Murder Chief Defense Lawyers: Clarence Darrow, George S. Leisure, Lieutenant L.H.C. Johnson, U.S.N., Frank Thompson, and Montgomery Winn Chief Prosecutors: John C. Kelley and Barry S. Ulrich Judge: Charles S. Davis Place: Honolulu, Hawaii Dates of Trial: April 4-29, 1932 Verdict: Guilty, second-degree…
Byron Thornhill State of Alabama That an Alabama statute prohibiting all picketing, even peaceful labor demonstrations, violated his First Amendment right to freedom of speech. James J. Mayfield, Joseph A. Padway William H. Loeb Hugo Lafayette Black, William O. Douglas, Felix Frankfurter, Charles Evans Hughes, Frank Murphy (writing for the Court), Stanley Forman Reed, Owen Josephus Roberts, Harlan…
Tyson & Brother Co. Joab H. Banton, Vincent B. Murphy That a U.S. district court erred in upholding the constitutionality of New York's ticket resale law. Louis Marshall Felix Benvenga, Robert P. Beyer Pierce Butler, James Clark McReynolds, Harlan Fiske Stone, George Sutherland (writing for the Court), William Howard Taft, Willis Van Devanter Louis D. Brandeis, Oliver Wendell Holmes, Edward Terry …
Defendant: One Book Entitled Ulysses by James Joyce Crime Charged: Obscenity Chief Defense Lawyers: Morris L. Ernst and Alexander Lindey Chief Prosecutors: Nicholas Atlas, Samuel C. Coleman, and Martin Conboy Judge: John M. Woolsey Place: New York, New York Date of Trial: November 25-26, 1933 Verdict: The book was ruled not obscene SIGNIFICANCE: Judge John Woolsey's decision in the Ulysses …
United States Morgan and Eleanor R. Belmont, executors of the last will and testament of August Belmont, deceased That a U.S. district court erred in dismissing the U.S. government's claims against the August Belmont Company. Stanley Reed, U.S. Solicitor General Cornelius Wickersham Louis D. Brandeis, Pierce Butler, Benjamin N. Cardozo, Charles Evans Hughes, James Clark McReynolds, Owen Josephus R…
United States Carolene Products Company That congressional legislation outlawing the shipment of adulterated milk was a constitutionally permissible regulation of interstate commerce. Homer S. Cummings, Brien McMahon George N. Murdock Hugo Lafayette Black, Louis D. Brandeis, Pierce Butler, Charles Evans Hughes, Owen Josephus Roberts, Harlan Fiske Stone (writing for the Court) James Clark McReynold…
United States Jack Miller, Frank Layton That the Western Arkansas District Court had erred in dismissing indictments against the appellees for violating the National Firearms Act of 1934. Gordon Dean None Hugo Lafayette Black, Pierce Butler, Felix Frankfurter, Charles Evans Hughes, James Clark McReynolds (writing for the Court), Stanley Forman Reed, Owen Josephus Roberts, Harlan Fiske Stone None (…
United States Dr. Hannah M. Stone, claimant for "one package" (of merchandise) That Stone did not have the legal right to import one package of contraceptive devices into the United States, according to the 1930 Tariff Act. Morris L. Ernst Lamar Hardy Augustus N. Hand, Learned Hand, Thomas Swan New York, New York 7 December 1936 Laws prohibiting Americans from importing contraceptive devices or it…
Defendant: Vera Stretz Crime Charged: Murder Chief Defense Lawyer: Samuel S. Leibowitz Chief Prosecutor: Miles O'Brien Judge: Cornelius F. Collins Place: New York, New York Dates of Trial: March 20—April 3, 1936 Verdict: Not guilty SIGNIFICANCE: For defense counsel Samuel S. Leibowitz, the Vera Stretz case was the 116th of 139 consecutive trials in which he saved his client from deat…
Fremont Weeks United States That his house was searched and his papers seized without a search warrant and thus the papers should not be admissible in court as evidence against him. Martin J. O'Donnell Denison, U.S. Assistant Attorney General; John William Davis, U.S. Solicitor General William Rufus Day (writing for the Court), Oliver Wendell Holmes, Charles Evans Hughes, Joseph Rucker Lamar, Hora…
West Coast Hotel Company Elsie Parrish That Parrish was not due back pay to bring her up to the level she would have received under Washington's 1913 minimum wage law. John W. Roberts, E. L. Skeel C. B. Conner, Sam M. Driver Louis D. Brandeis, Benjamin N. Cardozo, Charles Evans Hughes (writing for the Court), Owen Josephus Roberts, Harlan Fiske Stone Pierce Butler, James Clark McReynolds, George S…
Charlotte Anita Whitney People of the State of California That a 1919 California criminal syndicalism law violated the First Amendment guarantees of freedom of speech and association. Walter H. Pollak, Walter Nelles John H. Riordan, U. S. Webb Louis D. Brandeis, Pierce Butler, Oliver Wendell Holmes, James Clark McReynolds, Edward Terry Sanford (writing for the Court), Harlan Fiske Stone, George Su…
Defendant: William Lancaster Crime Charged: Murder Chief Defense Lawyers: James M. Carson, James H. Lathero Chief Prosecutors: N. Vernon Hawthorne, Henry M. Jones, H.O. Enwall Judge: Henry Fulton Atkinson Place: Miami, Florida Date of Trial: August 2-18, 1932 Verdict: Not guilty SIGNIFICANCE: A steamy trial from South Florida that made global headlines, and provided a stark reminder of just how vi…