Notable Trials and Court Cases - 1963 to 1972

Law Library - American Law and Legal Information

Abington School District v. Schempp - Significance, Court Articulates A Test For Establishment Clause Questions, Reading The Bible In Public School

School District of Abington Township, Pennsylvania Edward Lewis Schempp That a Pennsylvania law requiring daily Bible readings in public schools violates the First Amendment requirement of church-state separation. John D. Killian III and Philip H. Ward III Henry W. Sawyer III Hugo Lafayette Black, William J. Brennan, Jr., Tom C. Clark (writing for the Court), William O. Douglas, Arthur Goldberg, J…

less than 1 minute read

Adams v. Williams - Significance, Protective Searches For Weapons Are Permissible, A Dangerous Extension Of Terry, Impact

Frederick E. Adams Robert Williams That a police officer does not violate the Fourth Amendment by reaching in to a car window and removing a gun from the waistband of a driver when the officer has reason to believe that the suspect is armed and dangerous. Donald A. Browne Edward F. Hennessey III Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist (writing for the Court)…

1 minute read

Adderley v. Florida - Significance, Impact, Further Readings

Harriett Louise Adderley, et al. State of Florida That the arrest of 107 demonstrators petitioning on the property of the Leon County jail was a breach of their rights to free speech, assembly, petition, equal protection of the laws, and due process of law. Richard Yale Feder William D. Roth, Assistant Attorney General of Florida Hugo Lafayette Black (writing for the Court), William O. Douglas, Jo…

less than 1 minute read

Afroyim v. Rusk - Significance

Afroyim Dean Rusk, U.S. Secretary of State Section 401(e) of the Nationality Act of 1940, 8 U.S.C. sec. 801 (1946), which provided that American citizens automatically lost their citizenship if they voted in a foreign election, was unconstitutional under the Fourteenth Amendment. Edward J. Ennis Charles Gordon Hugo Lafayette Black (writing for the Court), William J. Brennan, Jr., William O. Dougla…

less than 1 minute read

Albert Henry DeSalvo Trial: 1967 - Sanity Hearing, Final Arguments

Defendant: Albert Henry DeSalvo Crimes Charged: Armed Robbery, Sex Offenses Chief Defense Lawyer: F. Lee Bailey Chief Prosecutor: Donald L. Conn Judge: Cornelius J. Moynihan Place: Cambridge, Massachusetts Date of Trial: January 11-18, 1967 Verdict: Guilty Sentence: Life Imprisonment SIGNIFICANCE: When Albert DeSalvo stood trial in Massachusetts courtroom for armed robbery and sexual assault, ever…

2 minute read

Albertson v. Subversive Activities Control Board - Significance, Registration Requirement Struck Down, Senator Joseph Mccarthy

William Albertson Subversive Activities Control Board That the requirement of the Internal Security Act of 1950 (the McCarran Act) that members of the Communist Party register with the attorney general violates the Fifth Amendment privilege against self-incrimination. Kevin T. Maroney John J. Abt Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), Tom C. Clark, William O. Dougla…

1 minute read

Alice Crimmins Trials: 1968 1971 - Trial Begins Three Years Later, Observed From Above, A New Trial, Suggestions For Further Reading

Defendant: Alice Crimmins Crimes Charged: First trial, murder; Second trial, murder and manslaughter Chief Defense Attorneys: First trial: Marty Baron and Harold Harrison; Second trial: William Erlbaum and Herbert Lyon. Chief Prosecutors: First trial: Anthony Lombardino and James Mosely; Second trial: Thomas Demakos and Vincent Nicolosi. Judges: First trial: Peter Farrell; second trial: George Bal…

1 minute read

Angela Davis Trial: 1972 - Davis Ridicules Case, Mysterious Telephone Number Surfaces

Defendant: Angela Y. Davis Crimes Charged: Murder, kidnapping, and conspiracy Chief Defense Lawyers: Leo Branton, Jr., Margaret Burnham, Howard Moore, Jr., Sheldon Otis, and Dorris Brin Walker Chief Prosecutor: Albert Harris Judge: Richard E. Arnason Place: San Jose, California Dates of Trial: February 28-June 4, 1972 Verdict: Not guilty SIGNIFICANCE: A unique mix of murder, race, and politics ens…

2 minute read

Apodaca v. Oregon - Significance, The Sixth And Fourteenth Amendment Cases, A Less Than Unanimous Court, Further Readings

Robert Apodaca, Henry Morgan Cooper, Jr., and James Arnold Madden State of Oregon That the conviction by a less than unanimous jury verdict, permitted under Oregon state law, violated his right to trial by jury as guaranteed under the Sixth and Fourteenth Amendments of the Constitution. Richard B. Sobol Jacob B. Tanzer, Solicitor General of Oregon Harry A. Blackmun, Warren E. Burger, Lewis F. Powe…

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Aptheker v. Secretary of State - Significance, The Subversive Activities Control Act, Further Readings

Herbert Aptheker Dean Rusk, U.S. Secretary of State That the provision of the Internal Security Act of 1950 denying passports to members of the American Communist Party interferes with the constitutional right to travel. John J. Abt, Joseph Forer Abram Chayes Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Arthur Goldberg (writing for the Court), Potter Stewart, Earl Warren Tom …

less than 1 minute read

Argersinger v. Hamlin - Significance

Jon Richard Argersinger Raymond Hamlin, Leon County Sheriff, Florida That being sentenced to jail after a trial where he was not represented by counsel violated the Sixth Amendment. J. Michael Shea, Bruce S. Rogow George R. Georgieff Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger, William O. Douglas (writing for the Court), Thurgood Marshall, Lewis F. Powell, Jr., William H. Rehnquis…

1 minute read

Benton v. Maryland - Significance, Double Jeopardy

John Dalmer Benton State of Maryland That his conviction and sentencing for burglary and larceny, accomplished in two state court trials after the initial verdict was thrown out due to jury invalidation, was in violation of his constitutional protection from double jeopardy (being tried more than once for the same offense). M. Michael Cramer Francis B. Burch Hugo Lafayette Black, William J. Brenna…

1 minute read

Bond v. Floyd - Significance, Can States Require That Legislators Meet Ethical Standards?, Maximum Freedom To Say Anything, Anywhere, At Any Time

Julian Bond State of Georgia That the Georgia House of Representatives, to which the petitioner had been elected, could not refuse to seat him because of his statements criticizing the Vietnam War. Howard Moore, Jr., Leonard B. Boudin, Victor Rabinowitz Arthur K. Bolton, William L. Harper, Alfred L. Evans, Jr., Paul L. Hanes Hugo Lafayette Black, William J. Brennan, Jr., Tom C. Clark, William O. D…

1 minute read

Bowe v. Colgate-Palmolive - Significance, Protective Legislation, Gender Segregation, The First Round, Appeals Court Overrules, Impact

Thelma Bowe et al. Colgate-Palmolive Company and International Chemical Workers Union, Local #15 That companies do not have the right to segregate jobs on the basis of gender by limiting women to less strenuous jobs. Marion W. Garnett Herbert L. Segal Walter J. Cummings, Otto Kerner, Henry S. Wise Chicago, Illinois 26 September 1969 Companies may not use job classification systems that discriminat…

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Brandenburg v. Ohio - Significance, The Ohio Criminal Syndicalism Law, Whitney Reversed, Impact

Clarence Brandenburg State of Ohio That conviction of Brandenburg under the Ohio Criminal Syndicalism Act violated the free speech clauses of the First and Fourteenth Amendments. Allen Brown Leonard Kirschner Hugo L. Black, William J. Brennan, Jr., William O. Douglas, Abe Fortas, John M. Harlan II, Thurgood Marshall, Potter Stewart, Earl Warren, Byron R. White (unsigned) None Washington, D.C. 9 Ju…

1 minute read

Branzburg v. Hayes - Significance, Dissent Proposes Qualified Protection For Confidential News Sources, Pro And Con: Naming Media Sources

Paul M. Branzburg John P. Hayes, Judge That the First Amendment's guarantee of freedom of the press provides the press with a privilege protecting the confidentiality of media sources. Edgar A. Zingman Edwin A. Schroering, Jr. Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, Byron R. White (writing for the Court) William J. Brennan, Jr., William O. Douglas, Thurgood…

1 minute read

Brown v. Louisiana - Significance, Impact

Henry Brown State of Louisiana A breach of the peace statute that banned Louisiana residents from protesting in public facilities was unconstitutional because it violated the freedom of speech and assembly rights (First and Fourteenth Amendments) of five protesters. Carl Rachlin Richard Kilbourne William J. Brennan, Jr., William O. Douglas, Abe Fortas (writing for the Court), Earl Warren, Byron R.…

1 minute read

Candace Mossier and Melvin Lane Powers Trial: 1966 - Sexual Perversions, Preparing An Alibi, More Unsolved Mysteries

Defendants: Candace Mossier and Melvin Lane Powers Crime Charged: Murder Chief Defense Lawyers: Henry Carr, Percy Foreman, Walter E. McGwinn, Marian Rosen, Harvey St. Jean, and Clyde Woody Chief Prosecutors: Richard E. Gerstein, Arthur E. Huttoe, and Gerald Kogan Judge: George E. Schulz Dates of Trial: January 17-March 6, 1966 Verdict: Not guilty SIGNIFICANCE: Millions of dollars were at stake in …

1 minute read

Carl Anthony Coppolino Trials: 1966 1967 - Round One, Devastating Cross-examination, Florida Fights Back, Suggestions For Further Reading

Defendant: Carl Anthony Coppolino Crime Charged: Murder Chief Defense Lawyers: Joseph Afflitto, F. Lee Bailey, and Joseph Mattice Chief Prosecutors: First trial: Vincent Keuper; second trial: Frank Schaub Judges: First trial: Elvin R. Simmill; second trial: Lynn Silvertooth Places: First trial: Monmouth County, New Jersey; second trial: Naples, Florida Dates of Trials: First trial: December 5-15, …

2 minute read

Charles Manson Trial: 1970-71 - Atkins Reverses Course, A "helter Skelter" Scheme, Case Draws Presidential Remark, Manson Speaks

Defendants: Charles Manson, Susan Atkins, Patricia Krenwinkel, Leslie Van Houten Crimes Charged: First-degree murder and conspiracy to commit murder Chief Defense Lawyers: Irving Kanarek (for Manson), Daye Shinn (for Atkins), Paul Fitzgerald (for Krenwinkel), Maxwell Keith, Ronald Hughes, and Ira Reiner (for Van Houten) Chief Prosecutor: Vincent Bugliosi and Aaron Stovitz Judge: Charles H. Older P…

2 minute read

Chicago Seven Trial: 1969 - Seale Bound And Gagged, Star-studded Witnesses Appear, Guilty Verdicts Multiply, Suggestions For Further Reading

Defendants: Rennard C. Davis, David Dellinger, John R. Froines, Thomas H. Hayden, Abbott Hoffman, Jerry C. Rubin, Bobby G. Seale and Lee Weiner Crimes Charged: Incitement to riot and conspiracy Chief Defense Lawyers: William Kunstler and Leonard Weinglass Chief Prosecutors: Roger Cubbage, Thomas A. Foran, and Richard G. Shultz Judge: Julius J. Hoffman Place: Chicago, Illinois Dates of Trial: Septe…

2 minute read

Chimel v. California - Significance, Setting The Standard, Warrantless Emergency Search, Impact, Further Readings

Ted Chimel State of California That the warrantless search of Chimel's entire house, incident to arrest, was not justifiable under the Fourth Amendment. Keith C. Monroe Ronald M. George William J. Brennan, Jr., Warren E. Burger, William O. Douglas, John Marshall Harlan II, Thurgood Marshall, Potter Stewart (writing for the Court) Hugo Lafayette Black, Byron R. White (Abe Fortas retired) Washington…

less than 1 minute read

Clay Shaw Trial: 1969 - Garrison: Hands Over The Reins, Focus Shifts To Zapruder Film

Defendant: Clay L. Shaw Crime Charged: Conspiracy to assassinate John F. Kennedy Chief Defense Lawyers: Irvin Dymond, Salvatore Panzeca, Edward F. Wegmann, and William J. Wegmann Chief Prosecutors: James Alcock, William Alford, Jim Garrison, Alvin Oser, and Andrew Sciambra Judge: Edward A. Haggerty Place: New Orleans, Louisiana Dates of Trial: January 31-March 1, 1969 Verdict: Not guilty SIGNIFICA…

1 minute read

Cohen v. California - Significance, Court Upholds First Amendment Protection For Nonverbal Aspects Of Communication

Paul Robert Cohen The State of California That wearing a jacket bearing a controversial opinion about the draft in a county courthouse constituted political speech protected by the First Amendment. Melville B. Nimmer Michael T. Sauer William J. Brennan, Jr., William O. Douglas, John Marshall Harlan II (writing for the Court), Thurgood Marshall, Potter Stewart Hugo Lafayette Black, Harry A. Blackmu…

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Collie Leroy Wilkins Trial: 1965 - Suggestions For Further Reading

Defendants: William Orville Eaton, Eugene Thomas, and Collie Leroy Wilkins, Jr. Crime Charged: Felony conspiracy to deny a citizen's constitutional rights Chief Defense Lawyer: Arthur Hanes Chief Prosecutor: John Doar Judge: Frank M. Johnson, Jr. Place: Montgomery, Alabama Dates of Trial: November 29-December 3, 1965 Verdict: Guilty Sentence: 10 years imprisonment SIGNIFICANCE: Twice frustr…

6 minute read

Coolidge v. New Hampshire - The Investigation Of A "particularly Brutal Murder" And The Trial That Followed, The Improper Use Of A Warrant

Edward H. Coolidge, Jr. State of New Hampshire The petitioner stated that the warrant authorizing the seizure and subsequent search of his automobile should be considered invalid on the ground that it was a violation of the Fourth and Fourteenth Amendments of the U.S. Constitution. Archibald Cox Alexander Kalinski William J. Brennan, Jr., William O. Douglas, John Marshall Harlan II, Potter Stewart…

1 minute read

Cox v. Louisiana - Significance, Protests In Baton Rouge, No Breach Of Peace, Public Passages Not Obstructed, Picketing Before A Courthouse

Reverend B. Elton Cox State of Louisiana That the convictions under a local breach-of-the-peace law of a minister leading a peaceful protest against segregation policies violated his First Amendment rights of free speech. Nils Douglas (I) and Carl Rachlin (II) Ralph L. Roy Hugo L. Black, William J. Brennan, Jr., Tom C. Clark, William O. Douglas, Arthur Goldberg (writing for the Court), Potter Stew…

less than 1 minute read

Curt Flood Trial and Appeals: 1970-72 - Flood's Conditioning, The Playoffs, Three Strikes …, Extra Innings, Suggestions For Further Reading

Plaintiff: Curt Flood Defendants: Commissioner of baseball, presidents of the National League and American League, and owners of all 24 major league baseball clubs Plaintiff Claim: Organized baseball does fall under the definition of interstate commerce and is a monopoly; therefore the trading of baseball players without their agreement is an unreasonable restraint of trade in violation of the She…

2 minute read

Curtis Publishing Co. v. Butts - Two Cases Of Libel?, Impact

Curtis Publishing Company Wally Butts That the ruling in New York Times v. Sullivan (1964) allowing public officials to sue for libel only if they can prove actual malice or reckless disregard for the truth should be extended to public figures as well. Herbert Wechsler, William Rogers Allen Lockerman, Clyde J. Watts Tom C. Clark, Abe Fortas, John Marshall Harlan II (writing for the Court), Earl W…

1 minute read

Dandridge v. Williams - Significance, Welfare Regulation

Edmund P. Dandridge, Jr., et al. Linda Williams et al. That the Maryland maximum grant regulation was in conflict with the Federal Social Security Act and with equal protection under the Fourteenth Amendment. George W. Liebmann Joseph A. Matera Hugo Lafayette Black, Warren E. Burger, John Marshall Harlan II, Potter Stewart (writing for the Court), Byron R. White William J. Brennan, Jr., William O.…

1 minute read

Duncan v. Louisiana - Decision, Background Amendments And The History Of Trial By Jury, The Allegations Against Gary Duncan

Gary Duncan State of Louisiana That the state denied him his Sixth Amendment right to a trial by jury, which the Fourteenth Amendment guarantees at the state level. Richard B. Sobol Dorothy D. Wolbrette Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Abe Fortas, Thurgood Marshall, Earl Warren, Byron R. White (writing for the Court) John Marshall Harlan II, Potter Stewart Washing…

1 minute read

Dunn v. Blumstein - The Durational Residency Requirement, Close Constitutional Scrutiny, Further Readings

Winfield C. Dunn, Governor of Tennessee James F. Blumstein That the state of Tennessee's durational residency requirement for suffrage was constitutional. Robert H. Roberts James F. Blumstein Harry A. Blackmun, Warren E. Burger, William O. Douglas, Thurgood Marshall (writing for the Court), Potter Stewart, Byron R. White William J. Brennan, Jr. (Lewis F. Powell, Jr., and William H. Rehnquist did n…

less than 1 minute read

Edwards v. South Carolina - Significance, Uncodified Breach Of Peace Crime Held Not A "time, Place, And Manner" Restriction

James Edwards, Jr. State of South Carolina That the South Carolina common law crime of breach of the peace, as applied to a peaceful march to protest racial discrimination, infringes on the First Amendment guarantee of free speech. Jack Greenberg Lionel R. McLeod Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Arthur Goldberg, John Marshall Harlan II, Potter Stewart, Earl Warren…

less than 1 minute read

Eisenstadt v. Baird - Significance, Among The Lower Courts, At The Supreme Court, Further Readings

Thomas Eisenstadt, sheriff of Suffolk County, Massachusetts William R. Baird, Jr. That the lower courts erred in overturning Baird's conviction on charges of distributing contraceptives without a medical license and to unmarried people. Joseph R. Nolan Joseph Balliro before the lower courts; Joseph D. Tydings before the Supreme Court Harry A. Blackmun, William J. Brennan, Jr. (writing for the Cour…

less than 1 minute read

El Paso v. Simmons - Case Background, A Violation Of The Contract Clause Or A Lawful Remedy?

City of El Paso Greenberry Simmons That the property in question was rightfully returned to the state of Texas after its forfeiture by Greenberry Simmons. William J. Mounce Greenberry Simmons William J. Brennan, Jr., Tom C. Clark, William O. Douglas, Arthur Goldberg, John Marshall Harlan II, Potter Stewart, Earl Warren, Byron R. White (writing for the Court) Hugo Lafayette Black Washington, D.C. 1…

1 minute read

Ernesto Miranda Trials: 1963 1967 - Tainted Evidence, Conviction Overturned

Defendant: Ernesto Miranda Crimes Charged: Kidnapping and rape Chief Defense Lawyers: First trial: Alvin Moore; second Trial: John Flynn Chief Prosecutors: First trial: Laurence Turoff; second trial: Robert Corbin Judges: First trial: Yale McFate; second trial: Lawrence K. Wren Place: Phoenix, Arizona Dates of Trials: June 20-27, 1963; February 15-March 1, 1967 Verdict: Guilty, both trials Sentenc…

1 minute read

Escobedo v. Illinois - Significance, The Supreme Court Confirms A Criminal Suspect's Right To Have An Attorney, The Right To Counsel

Danny Escobedo State of Illinois That once a person detained by police for questioning about a crime becomes a suspect, his Sixth Amendment right to counsel becomes effective. Barry L. Kroll James R. Thompson Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Arthur Goldberg (writing for the Court), Earl Warren Tom C. Clark, John Marshall Harlan II, Potter Stewart, Byron R. White W…

less than 1 minute read

Evans v. Newton - Significance, A Bequest To The Public, A Public Or A Private Facility?, Impact, De Facto Segregation

Evans, et al. Newton, et al. That a Macon, Georgia park that had been left to the city on the condition that it be open to white people be desegregated, even though the park had recently reverted to private control. Jack Greenberg C. Baxter Jones and Frank C. Jones William J. Brennan, Jr., Tom C. Clark, William O. Douglas (writing for the Court), Abe Fortas, Earl Warren, Byron R. White Hugo Lafaye…

1 minute read

Ferguson v. Skrupa DBA Credit Advisors - The Facts Of The Case, High Court Rules, Broad Scope For State Legislatures

William M. Ferguson Skrupa DBA Credit Advisors That Kansas legislation regulating the business of "debt adjusting" did not constitute a violation of constitutional due process. William M. Ferguson Lawrence Weigand Hugo Lafayette Black (writing for the Court), William J. Brennan, Jr., Tom C. Clark, Arthur Goldberg, John Marshall Harlan II, William O. Douglas, Potter Stewart, Earl Warren, Byron R. W…

1 minute read

Freedman v. Maryland - Significance, Further Readings

Ronald Freedman State of Maryland That Maryland's statute requiring that all films be submitted to a board of censors before being exhibited violated freedom of expression protected by the First Amendment. Felix J. Bilgrey Thomas B. Finan Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), Tom C. Clark, William O. Douglas, Arthur Goldberg, John Marshall Harlan II, Potter Stewart…

less than 1 minute read

Fuentes v. Shevin - Debtors' Rights And Contractual Agreements, Impact, Writ Of Replevin

Margarita Fuentes Robert L. Shevin Denying debtors a hearing before merchandise is reposed by private creditors violates the Fourteenth Amendment's guarantee that no state shall deprive any person of property without due process of law. Michael Abbott Herbert T. Schwartz William J. Brennan, Jr., William O. Douglas, Thurgood Marshall, Potter Stewart (writing for the Court) Harry A. Blackmun, Warren…

1 minute read

Furman v. Georgia - Significance, Furman Sentenced To Death, Court Severely Restricts Death Penalty, Jackson And Branch, Related Cases

William Henry Furman State of Georgia That the Georgia death penalty constituted cruel and unusual punishment in violation of the Eight and Fourteenth Amendments. Anthony G. Amsterdam, Elizabeth B. Dubois, Jack Greenberg, Jack Himmelstein, B. Clarence Mayfield, Michael Meltsner Dorothy T. Beasley, Arthur K. Bolton, Harold N. Hill, Jr., Andrew J. Ryan, Jr., Andrew J. Ryan III, Courtney Wilder Stant…

less than 1 minute read

Furman v. Georgia - Further Readings

Furman centered on the convictions and death sentences of three African American men: William Henry Furman was convicted in Georgia for murder, Lucius Jackson was convicted in Georgia for rape, and Elmer Branch was convicted in Texas for rape. The juries in each of the cases were not mandated by law to vote for the death penalty, nor were they given specific criteria to evaluate in making their pe…

4 minute read

Furman v. Georgia: 1972 - Furman Sentenced To Death, Court Severely Restricts Death Penalty, Suggestions For Further Reading

Appellant & Defendant: William Henry Furman Appellee & Plaintiff: State of Georgia Appellant Claim: That the Georgia death penalty constituted cruel and unusual punishment in violation of the Eight and Fourteenth Amendments Chief Defense Lawyers: Dorothy T. Beasley, Arthur K. Bolton, Harold N. Hill, Jr., Andrew J. Ryan, Jr., Andrew J. Ryan, Ill and Courtney Wilder Stanton Chief Lawye…

2 minute read

Georgetown College v. Jones: 1963 - Crisis Develops At Georgetown Hospital, Suggestions For Further Reading

Plaintiff: Georgetown College, now known as Georgetown University Defendant: Jessie E. Jones Plaintiff Claim: That the courts should overrule Jones' refusal to permit a blood transfusion for his wife, who was being treated in the school's hospital Chief Defense Lawyers: Ralph H. Deckelbaum and Bernard Margolius Chief Lawyers for Plaintiff: Peter R. Taft, Harold Ungar, and Edward Benn…

1 minute read

Gibson v. Florida Legislative Investigation Committee - Significance, Investigating Suspected Communists, Strengthening The Individual Freedom Of Association, Justifying The Legislative Power Of Investigation

Theodore R. Gibson Florida Legislative Investigation Committee That requiring the Miami branch of the National Association for the Advancement of Colored People to use its membership list during investigative hearings to determine if its membership included alleged Communists violated the members' constitutional right to freedom of association. Robert L. Carter Mark R. Hawes Hugo Lafayette Black, …

1 minute read

Gideon v. Wainwright - Significance, Court Unanimously Votes To Overturn Betts V. Brady, The Warren Court, Further Readings

Clarence Earl Gideon Louie L. Wainwright, Director, Division of Corrections That the Sixth Amendment requires states to provide legal counsel for impoverished criminal defendants charged with serious offenses. Abe Fortas Bruce R. Jacob Hugo Lafayette Black (writing for the Court), William J. Brennan, Jr., Tom C. Clark, William O. Douglas, Arthur Goldberg, John Marshall Harlan II, Potter Stewart, E…

less than 1 minute read

Goldberg v. Kelly - The Principles Involved, What Happened, Procedural Due Process

John Kelly, et al. Jack R. Goldberg, Commissioner of Social Services of the city of New York State and city welfare officials were terminating financial aid without prior notice and hearing, violating due process. Lee A. Albert John J. Loflin, Jr. William J. Brennan, Jr. (writing for the Court), John Marshall Harlan II, William O. Douglas, Thurgood Marshall, Harry A. Blackmun, Byron R. White Hugo …

1 minute read

Graham v. Richardson - Significance

Carmen Richardson, et al. John O. Graham, Commissioner, Department of Public Welfare, State of Arizona Arizona's alien residency requirements violated the Equal Protection Clause and the constitutional right to travel; they conflicted with the Social Security Act, as the Supremacy Clause took precedence; Congress had regulatory powers over aliens, not individual states. Anthony B. Ching Michael S.…

1 minute read

Gravel v. United States - Significance, Private Publication Not Protected, Impact

Frank Gravel, U.S. Senator United States That a senator's aide shares the protections guaranteeing the senator freedom of speech and debate. Robert J. Reinstein and Charles L. Fishman Erwin N. Griswold, U.S. Solicitor General Harry A. Blackmun (announced the opinion), Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, Byron R. White (writing for the Court) William J. Brennan, Jr., Willi…

1 minute read

Grayned v. City of Rockford - Significance, Who Made The Noise?, Broad Laws And Specific Restrictions, The Lone Dissenter, Related Cases

Richard Grayned City of Rockford That he should not have been convicted for his participation in a demonstration that allegedly violated the city of Rockford's anti-picketing and antinoise ordinances because the ordinances were overbroad and should be struck down. Sophia H. Hall William E. Collins Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger, Thurgood Marshall (writing for the Cour…

less than 1 minute read

Green v. County School Board - Historical Background, The Facts At Hand, The Supreme Court Reverses

Charles C. Green, et al. County School Board of New Kent County, Virginia, et al. That the New Kent County School Board's "freedom of choice" plan allowing students to choose their own public schools is not an acceptable method for reversing segregation. Samuel W. Tucker, Jack Greenberg Frederick T. Gray Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), William O. Douglas, Abe…

1 minute read

Griffin v. California - Significance, A Remnant Of The Inquisitorial System, Unwarranted Inferences, Impact, Federal Circuit Court

Griffin State of California That a prosecutor's comment on the fact that the defendant, Griffin, did not take the stand in a state criminal trial violated the Self-Incrimination Clause of the Fifth Amendment. Morris Lavine Albert W. Harris Hugo Lafayette Black, William J. Brennan, Jr., Tom C. Clark, William O. Douglas (writing for the Court), Arthur Goldberg, John Marshall Harlan II Potter Stewart…

1 minute read

Griswold v. Connecticut - Significance, 1879 Law Alive And Well, On To The Supreme Court, Decision Reverses Convictions

Charles Lee Buxton, Estelle T. Griswold State of Connecticut That Connecticut's birth-control laws violated its citizens' constitutional rights. Tom Emerson, Fowler Harper, Harriet Pilpel, Catherine Roraback Joseph B. Clark William J. Brennan, Jr., Tom C. Clark, William O. Douglas (writing for the Court), Arthur Goldberg, John Marshall Harlan II, Earl Warren, Byron R. White Hugo Lafayette Black, P…

less than 1 minute read

Griswold v. Connecticut: 1964 - 1879 Law Alive And Well, On To The Supreme Court, Decision Reverses Convictions, Griswold, Applied Outside The Marital Bedroom

Appellants: Charles Lee Buxton and Estelle Griswold Defendant: State of Connecticut Appellants Claim: That Connecticut's birth-control laws violated its citizens' constitutional rights Chief Defense Lawyer: Joseph B. Clark Chief Lawyers for Appellants: Tom Emerson, Fowler Harper, Harriet Pilpel, and Catherine Roraback Justices: Hugo L. Black, William J. Brennan, Jr., Tom C. Clark, Wi…

1 minute read

Hadley v. Junior College District - Significance, The Lower Court Rulings, The Supreme Court Ruling, Apportionment Scheme Ruled Unconstitutional

Della Hadley et al. The Junior College District of Metropolitan Kansas City, Missouri et al. That the voting rights of a group of junior college district residents were unconstitutionally diluted in violation of the "one man, one vote" principle. Irving Achtenberg William J. Burrell Hugo Lafayette Black (writing for the Court), Harry A. Blackmun, William J. Brennan, Jr., William O. Douglas, Thurgo…

less than 1 minute read

Harris v. New York - Alleged Heroin Sale, Miranda V. Arizona, Testifying Against Oneself, Decision On Harris

Viven Harris State of New York That Harris's constitutional rights had been violated, and thus his narcotics conviction should be overturned. Joel Martin Aurnou James J. Duggan Harry A. Blackmun, Warren E. Burger (writing for the Court), John Marshall Harlan II, Potter Stewart, Byron R. White Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Thurgood Marshall Washington, D.C. 24 F…

1 minute read

Harrisburg Coalition Against Ruining the Environment v. Volpe - Significance, No Evidence Of Discriminatory Effect, Impact, Further Readings

Harrisburg Coalition Against Ruining the Environment, et al. John A. Volpe, Secretary of the U.S. Department of Transportation, et al. That the construction of two highways through a city park would deny equal housing and recreational opportunities to African American residents in violation of the Equal Protection Clause of the Constitution, and that the Department of Transportation's decision to …

less than 1 minute read

Heart of Atlanta Motel v. United States - Significance, Supreme Court Affirms Congressional Authority To Regulate Private Business Under The Commerce Clause

Heart of Atlanta Motel, Inc. United States That provisions of the Civil Rights Act of 1964, requiring hotel and motel owners to provide accommodations to African Americans, cannot be enforced against privately owned public accommodations. Moreton Rolleston, Jr. Archibald Cox, U.S. Solicitor General Hugo Lafayette Black, William J. Brennan, Jr., Tom C. Clark (writing for the Court), William O. Doug…

1 minute read

Huey P. Newton Trial: 1968 - Grand Jury Becomes Issue, Surprise Witness Surfaces, Jury Disappoints All, Two More Trials, Then A Dismissal

Defendant: Huey P. Newton Crimes Charged: First-degree murder, felonious assault, and kidnapping Chief Defense Lawyer: Charles R. Garry Chief Prosecutor: Lowell Jensen Judge: Monroe Friedman Place: Oakland, California Dates of Trial: July 15-September 8, 1968 Verdict: Guilty of voluntary manslaughter; not guilty of felonious assault; kidnapping charge dismissed Sentences: 2-15 years SIGNIFICANCE: …

1 minute read

In re Gault - Significance, Supreme Court Declares Juvenile Justice System Delinquent As To Due Process

Paul L. Gault and Marjorie Gault, parents of Gerald Francis Gault, a minor State of Arizona That the Fourteenth Amendment requires states to accord juvenile criminal defendants the same due process rights given to adults accused of criminal offenses. Norman Dorsen Frank A. Parks, Attorney General of Arizona Hugo Lafayette Black, William J. Brennan, Jr., Tom C. Clark, William O. Douglas, Abe Fortas…

1 minute read

In re Winship - Significance, Due Process Requires Proof Beyond A Reasonable Doubt, Creating Rights, Further Readings

Samuel Winship State of New York That his conviction of a crime in a juvenile delinquency proceeding was unconstitutional because the state did not prove that he committed the crime beyond a reasonable doubt Rena K. Uviller Stanley Buchsbaum Harry A. Blackmun, William J. Brennan, Jr., (writing for the Court), William O. Douglas, John Marshall Harlan II, Thurgood Marshall, Byron R. White Hugo Lafay…

1 minute read

Jack Ruby Trial: 1964 - A Police Buff, Most Jurors Saw The Shooting, Psychomotor Epilepsy, Eeg Tracings, Suggestions For Further Reading

Defendant: Jack Leon Ruby Crime Charged: Murder Chief Defense Lawyers: Melvin Mouron Belli, Phil Burleson, Robert B. Denson, Elmer Gertz, Tom Howard, William Kuntsler, and Joe Tonahill Chief Prosecutors: William F. Alexander, Jim Bowie, Henry Menasco Wade, Jr., and Frank Watts Judge: Joe Brantley Brown Place: Dallas, Texas Dates of Trial: March 4-14, 1964 Verdict: Guilty SIGNIFICANCE: The signific…

less than 1 minute read

Jacobellis v. Ohio - Significance, Defining Obscenity, Other Opinions: "i Know It When I See It", Consequences Of Jacobellis

Nico Jacobellis State of Ohio That under the First and Fourteenth Amendments, he should not have been punished for showing The Lovers, a film deemed obscene under Ohio State law. John T. Corrigan Ephraim London Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), William O. Douglas, Arthur Goldberg, Potter Stewart, Byron R. White Tom C. Clark, John Marshall Harlan II, Earl Warren…

less than 1 minute read

John Hill Trial: 1971 - Motive: Failed Divorce, Outburst Leads To Mistrial, Retrial Unnecessary

Defendant: John Robert Hill Crime Charged: Murder Chief Defense Lawyers: Donald Fullenweider and Richard Haynes Chief Prosecutors: Erwin Ernst and l.D. McMaster Judge: Frederick Hooey Place: Houston, Texas Dates of Trial: February 15-26, 1971 Verdict: Mistrial SIGNIFICANCE: Sensational trials are not uncommon in Texas, but the extraordinary sequence of events that followed the death of Joan Hill m…

2 minute read

John Marshall Branion Trial: 1968 - Imperfect Alibi, Illicit Love, On The Run

Name of Defendant: John Marshall Branion, Jr. Crime Charged: Murder Chief Defense Lawyer: Maurice Scott Chief Prosecutor: Patrick A. Tuite Judge: Reginald J. Hoizer Place: Chicago, Illinois Dates of Trial: May 15-28, 1968 Verdict: Guilty Sentence: 20-30 years SIGNIFICANCE: The murder conviction of John Marshall Branion, Jr., a prominent black doctor and confidant of Martin Luther King, Jr., was ac…

1 minute read

Johnson v. Louisiana - Significance, Impact

Frank Johnson State of Louisiana Louisiana's constitutional provisions, which allowed less-than-unanimous guilty verdicts in criminal cases, violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Richard A. Buckley Louise Korns Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist, Byron R. White (writing for the Court) William J. Brennan, Jr.,…

less than 1 minute read

Jones v. Alfred H. Mayer Co. - Significance, The Same Right As White Citizens

Joseph Lee Jones Alfred H. Mayer Co., a housing development company That the respondent's refusal to sell him a home strictly because he was black was in violation of the Civil Rights Act of 1866. Samuel H. Liberman Israel Treiman Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Abe Fortas, Thurgood Marshall, Potter Stewart (writing for the Court), Earl Warren John Marshall Harla…

less than 1 minute read

Kastigar v. United States - Case Background, How Comprehensive Must The Offered Immunity Be?

Charles Joseph Kastigar, Michael Gorean Stewart United States That the petitioners were correct to refuse to testify because only transactional immunity, which was not granted, would satisfy the Fifth Amendment with respect to self-incrimination. Hugh R. Manes Erwin N. Griswold Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr. (writing for the Court), Potter Stewart, Byron R. White William…

1 minute read

Katz v. United States - Significance, The Pros And Cons Of Wiretapping

Charles Katz United States That evidence obtained by a wiretap on a public phone violated the Fourth Amendment's prohibition of unreasonable search and seizure and should have been ruled inadmissible. Harvey A. Schneider and Burton Marks John S. Martin, Jr. William J. Brennan, Jr., William O. Douglas, Abe Fortas, John Marshall Harlan II, Thurgood Marshall, Potter Stewart (writing for the Court), E…

1 minute read

Katzenbach v. Morgan - Significance, Voting Rights Act Of 1965, A Plain And Consistent Act, Impact, Further Readings

U.S. Attorney General Nicholas Katzenbach and New York City Board of Elections Morgan and other registered voters That the Voting Rights Act of 1965 is a valid congressional act for enforcing the Fourteenth Amendment's Equal Protection Clause. Alfred Avins Solicitor General Thurgood Marshall Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), Tom C. Clark, William O. Douglas, Ab…

less than 1 minute read

Kent v. United States - Significance, A Social Ill, Emotionally Ill, A System Ill, Juvenile Justice; Or How A Survey Can Influence An Act Of Congress

Morris A. Kent, Jr. United States That the juvenile court order that sent Kent's case to trial in regular criminal court was invalid. Myron G. Ehrlich, Richard Arens Theodore George Gilinsky William J. Brennan, Jr., Tom C. Clark, William O. Douglas, Abe Fortas (writing for the Court), Earl Warren Hugo Lafayette Black, John Marshall Harlan II, Potter Stewart, Byron R. White Washington, D.C. 21 Marc…

less than 1 minute read

Keyishian v. Board of Regents of the University of the State of New York - Significance, Supreme Court Upholds Principle Of Academic Freedom

Harry Keyishian Board of Regents of the University of the State of New York That various New York state statutes and administrative regulations disqualifying teachers who are deemed subversive or who have belonged to subversive organizations are unconstitutional. Richard Lipsitz Ruth V. Iles, Assistant Attorney General of New York, and John C. Crary, Jr. Hugo Lafayette Black, William J. Brennan, J…

1 minute read

King v. Smith - Significance, Further Readings

Robert K King, Commissioner, Department of Pensions and Security, et al. Mrs. Sylvester Smith, et al. That Alabama's regulation denying Aid to Families with Dependent Children (AFDC) payments to children based on the presence of a "substitute father" did not violate the Social Security Act and the Equal Protection Clause of the Fourteenth Amendment. Mary Lee Strapp Martin Garbus Hugo Lafayette Bla…

1 minute read

Kirkpatrick v. Preisler - Significance

James C. Kirkpatrick, Secretary of State of Missouri, et al. Paul W. Preisler The 1967 Missouri Redistricting Act was constitutional and any population variances between districts were justified. Irving Actenberg Thomas J. Downey Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), William O. Douglas, Abe Fortas, Thurgood Marshall, Earl Warren John Marshall Harlan II, Potter Stew…

1 minute read

Lamont v. Postmaster General of the United States - Significance, Court Sets Broad Free Speech Protections, Impact, Related Cases, Further Readings

Corliss Lamont John F. Fixa, U.S. Postmaster General That a federal statute requiring the postmaster to destroy any mail from foreign countries determined to be communist propaganda unless the addressee returns a reply card indicating his desire to receive the mail violated his free speech rights under the First Amendment. Leonard B. Boudin Archibald Cox, U.S. Solicitor General Hugo Lafayette Blac…

less than 1 minute read

Lee v. Washington - The Facts Of The Case, The Supreme Court Rules, Concurring Opinion, Prisoner Lawsuits, Further Readings

Frank Lee, et al. Caliph Washington, et al. That an Alabama law segregating blacks from whites in prisons and jails was constitutionally permissible. Nicholas S. Hare, Special Assistant Attorney General of Alabama Charles Morgan, Jr. Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Abe Fortas, John Marshall Harlan II, Thurgood Marshall, Potter Stewart, Earl Warren, Byron R. White…

1 minute read

Lemon v. Kurtzman - Significance, Supreme Court Establishes The Lemon Test, Further Readings

Alton J. Lemon David H. Kurtzman, Superintendent of Public Instruction of the Commonwealth of Pennsylvania That state payment of teachers of secular subjects in parochial schools violates the First Amendment mandate of separation of church and state. Henry W. Sawyer III J. Shane Creamer Hugo Lafayette Black, Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger (writing for the Court), Will…

less than 1 minute read

Lenny Bruce Trial: 1964 - Adjournment For Illness, Adjourned For Vacation

Defendants: Lenny Bruce, Ella Solomon, and Howard L. Solomon Crime Charged: Obscenity Chief Defense Lawyers: Martin Garbus and Efraim London Chief Prosecutor: Richard H. Kuh Judges: J. Randall Creel, John M. Murtagh, and Kenneth M. Phipps Place: New York, New York Dates of Trial: June 16-December 21, 1964 Verdict: Lenny Bruce: Guilty; Howard L. Solomon: Guilty; Ella Solomon: not Guilty Sentence: L…

2 minute read

Levy v. Louisiana - Significance, The Levy Family, An Important Reversal: Illegitimate Children As Persons, An Important Reversal

Adolph J. Levy State of Louisiana That a Louisiana law denying illegitimate children the right to recover damages for their mother's wrongful death violates the constitutional guarantee of Due Process and Equal Protection Clauses under the Fourteenth Amendment. Norman Dorsen William A. Porteous III William J. Brennan, Jr., William O. Douglas (writing for the Court), Abe Fortas, Thurgood Marshall, …

less than 1 minute read

Linkletter v. Walker - Significance, Impact, Retroactivity

Victor Linkletter Victor G. Walker Evidence obtained as a result of unreasonable search and seizure should be found inadmissible under the Fourth Amendment under Mapp v. Ohio. Euel A. Screws, Jr. Teddy W. Airhart, Jr. William J. Brennan, Jr., Tom C. Clark (writing for the Court), Arthur Goldberg, John Marshall Harlan II, Potter Stewart, Earl Warren, Byron R. White Hugo Lafayette Black, William O. …

less than 1 minute read

Loving v. Commonwealth of Virginia - Significance, Interracial Marriage

Mildred Jeter Loving, Richard Perry Loving Commonwealth of Virginia That Virginia miscegenation statutes violate the equal protection and the Fourteenth Amendment's due process clauses. Bernard S. Cohen R. D. McIlwaine III Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Abe Fortas, John Marshall Harlan II, Potter Stewart, Earl Warren (writing for the Court), Byron R. White None …

1 minute read

Malloy v. Hogan - Significance, Right To Remain Silent, Transactional Immunity

William Malloy Patrick J. Hogan, Sheriff of Hartford County, Connecticut That imprisonment for contempt of court, following refusal to answer questions in state court about a previous conviction, violated his Fifth Amendment privilege against self-incrimination. Harold Strauch John D. LaBelle Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), William O. Douglas, Arthur Goldberg…

1 minute read

Maryland v. Wirtz - Significance, Minimum Wage And Overtime, Interstate Commerce And Labor Peace, Disrupting The Fiscal Policy Of The States

The states of Maryland, Texas, Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Vermont, Virginia, Wyoming; and the Fort Worth [Texas] Independent School District W. Willard Wirtz, U.S. Secretary of Labor, et al. That…

1 minute read

McKeiver v. Pennsylvania - Significance, The Due Process Clause, The Rehabilitation Of Youthful Offenders, Courts Granting More Rights

Joseph McKeiver, Edward Terry State of Pennsylvania That minors had the constitutional right to a jury trial in criminal proceedings against them. Daniel E. Farmer Arlen Specter Hugo Lafayette Black, Harry A. Blackmun (writing for the Court), William J. Brennan, Jr., Warren E. Burger, John Marshall Harlan II, Thurgood Marshall, Potter Stewart, Byron R. White William O. Douglas Washington, D.C. 21 …

less than 1 minute read

Memoirs v. Massachusetts - Lower Court Found Fanny Hill Obscene, Justice Douglas Noted Definition Of Obscene Objective, Dissenting Justices Find Differing Conclusions

A Book Named "John Cleland's Memoirs of a Woman of Pleasure," G. P. Putnam's Sons William I. Covin, Assistant Attorney General of Massachusetts That the book John Cleland's Memoirs of a Woman of Pleasure, better known as Fanny Hill, was entitled to protection under the First and Fourteenth Amendments, and that the Massachusetts Supreme Judicial Court erred when it found that a book which appealed …

1 minute read

Miranda v. Arizona - Further Readings

The Miranda case involved four criminal defendants. Each of the defendants was appealing a conviction based in part on the failure of law enforcement officers to advise him, prior to custodial interrogation, of his right to an attorney or his right to remain silent. Ernesto Miranda, the first defendant listed in the case, was arrested on March 18, 1963, at his home in Arizona and taken to a Phoeni…

9 minute read

Miranda v. Arizona - Significance, Tainted Evidence, Conviction Overturned, Impact, Miranda Rights, Further Readings

Ernesto Miranda State of Arizona That a failure to inform the petitioner of his constitutional right to an attorney made his confession inadmissible in court. John Flynn Gary K. Nelson, Assistant Attorney General of Arizona Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Abe Fortas, Earl Warren (writing for the Court) Tom C. Clark, John Marshall Harlan II, Potter Stewart, Byron …

less than 1 minute read

Moose Lodge No. v. Irvis (107 ) - Significance, The Issues At Stake, The Supreme Court Decides

Moose Lodge No. 107 Leroy Irvis That discrimination against an African American man by a private lodge is not "state action" because the state granted the lodge a liquor license. Frederick Bernays Wiener Harry J. Rubin Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist (writing for the Court), Potter Stewart, Byron R. White William J. Brennan, Jr., William O. Douglas, …

1 minute read

National Association for the Advancement of Colored People v. Button - The Battle For Desegregation, The Naacp Sues, Petitioner's Claims, State's Interests Do Not Justify Suppression Of Speech

NAACP Robert Y. Button, Attorney General of Virginia That Chapter 33 of the Virginia Acts of Assembly, Extra Session 1956, violated its Fourteenth Amendment rights. Robert L. Carter Henry T. Wickham Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), William O. Douglas, Arthur Goldberg, Earl Warren Tom C. Clark, John Marshall Harlan II, Potter Stewart, Byron R. White Washington,…

1 minute read

New York Times Company v. Sullivan: 1964 - Supreme Court Protects The Press, Suggestions For Further Reading

Appellant: The New York Times Company Appellee: L.B. Sullivan Appellant Claims: That the Supreme Court of Alabama's affirmation of a libel judgment against the Times violated the free speech and due process rights as defined by the First and Fourteenth Amendments of the Constitution and certain Supreme Court decisions; also, that an advertisement published in the Times was not libelous and …

2 minute read

New York Times Company v. U.S.: 1971 - The Government Moves To Stop The Leak, Supreme Court Throws Out Government's Case, Government Thwarts Own Prosecution Of Ellsberg

Appellant: The United States Defendant: The New York Times Company Appellant's Claim: That the government's efforts to prevent the New York Times from publishing certain Vietnam War documents known as the "Pentagon Papers" were justified because of the interests of national security Chief Defense Lawyers: Alexander M. Bickel and William E. Hegarty Chief Lawyers for Appe…

1 minute read

New York Times Company v. United States - Significance, The Government Moves To Stop The Leak, Supreme Court Throws Out Government's Case

United States The New York Times Company That the government's efforts to prevent the New York Times from publishing certain Vietnam War documents known as the "Pentagon Papers" were justified because of the interests of national security. Alexander M. Bickel, William E. Hegarty Daniel M. Friedman, Erwin N. Griswold, Robert C. Mardian Hugo Lafayette Black (writing for the Court), William J. Brenna…

less than 1 minute read

New York Times v. Sullivan - Significance, Supreme Court Protects The Press, Actual Malice Standards, Further Readings

The New York Times Company L. B. Sullivan That the Supreme Court of Alabama's affirmation of a libel judgment against the Times violated the free speech and due process rights as defined by the First and Fourteenth Amendments of the Constitution and certain Supreme Court decisions; also, that an advertisement published in the Times was not libelous and the Supreme Court should reverse the decision…

1 minute read

Onion Field Murder Trials: 1963-69 - Start Of A Legal Marathon, Exit Kanarek, Death Penalty Decision

Defendants: Gregory Ulas Powell, Jimmy Lee Smith Crime Charged: Murder Chief Defense Lawyers: John Moore, Kathryn McDonald, Ray Smith, Gregory Powell, Irving Kanarek, Charles Maple, William A. Drake, Charles Hollopeter Chief Prosecutors: Marshall Schulman, Philip Halpin, Joseph Busch, Raymond Byrne, Sheldon Brown, Dino Fulgoni Judges: Twelve judges, the most important being Mark Brandler, Alfred P…

2 minute read

Oregon v. Mitchell - Significance

State of Oregon John N. Mitchell, U.S. Attorney General The attorney general should be barred from enforcing provisions of Congress' Voting Rights Act because the right to regulate elections is reserved for the states. Lee Johnson Erwin N. Griswold Hugo Lafayette Black (writing for the Court), Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger, Potter Stewart William O. Douglas, John Mar…

1 minute read

Orzoco v. Texas - Significance, A Significant Reversal, Impact

Reyes Arias Orozco State of Texas That incriminating statements made to police were inadmissible at his murder trial because the police did not give Miranda warnings. Charles W. Tessmer Lonny F. Zwiener, Assistant Attorney General of Texas Hugo Lafayette Black, (writing for the Court), William J. Brennan, Jr., William O. Douglas, John Marshall Harlan II, Thurgood Marshall, Earl Warren Potter Stewa…

1 minute read

Police Department of Chicago v. Mosley - Public Forum Doctrine, Legal Proceedings, Time, Place, And Manner And Equal Protection, Impact

Police Department of the City of Chicago, et al. Earl Mosley That a Chicago city ordinance banning labor-related picketing next to a school was constitutional. Richard L. Curry Harvey J. Barnett Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger, William O. Douglas, Thurgood Marshall (writing for the Court), Lewis F. Powell, Jr., William H. Rehnquist, Potter Stewart, Byron R. White None …

1 minute read

Powell v. McCormack - Significance, The Court Rulings, Moot Point, Making A Distinction, The Right To Run For Public Office

Adam Clayton Powell, Jr. John McCormack That the House of Representatives had no constitutional right to exclude Powell, a member who met all constitutional requirements for office. Arthur Kinoy, Herbert O. Reid Bruce Bromley Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Abe Fortas, John Marshall Harlan II, Thurgood Marshall, Earl Warren (writing for the Court), Byron R. White…

less than 1 minute read

Price and Bowers Trial: 1967 - Defense Tactics Fail, Jury Reaches Tough Decision

Defendants: Cecil Price and Sam Bowers, Jr. Crimes Charged: Conspiracy to violate civil rights Chief Defense Lawyers: Clayton Lewis, H.C. Watkins, and Laurel Weir Chief prosecutors: John Doar, Robert Hauberg, and Robert Owen Judge: William Harold Cox Place: Meridian, Mississippi Dates of trial: October 7-20, 1967 Verdict: Guilty Sentence: Bowers, 10 years imprisonment; Price, 6 years imprisonment …

1 minute read

Red Lion Broadcasting Co. v. Federal Communications Commission - A Personal Attack On The Airwaves, The Fairness Doctrine, Regulation Of Content, Freedom Of Speech For Broadcasters And The People

Red Lion Broadcasting Company, et al. Federal Communications Commission, et al. That the Federal Communications Commission's Fairness Doctrine, which requires broadcasters to allow the subjects of personal attacks or political analyses equal time for rebuttal, violated their First Amendment right to freely determine the content of their programming. Roger Robb Archibald Cox Hugo Lafayette Black, W…

1 minute read

Reed v. Reed - Significance, Win Some, Lose Some, Equal Protection, Further Readings

Sally Reed Cecil Reed That Sally Reed's constitutional rights were violated by Idaho's law favoring the appointment of a man over a similarly situated woman to act as administrator of an estate. Allen R. Derr, Ruth Bader Ginsburg Charles S. Stout, Myron E. Anderson Hugo Lafayette Black, Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger (writing for the Court), William O. Douglas, John M…

less than 1 minute read

Reynolds v. Sims - Significance, "legislators Represent People, Not Trees", The Census, Further Readings

R. A. Reynolds M. O. Sims That representation in both houses of state legislatures must be based on population. W. McLean Pitts Charles Morgan, Jr. Hugo Lafayette Black, William J. Brennan, Jr., Tom C. Clark, William O. Douglas, Arthur Goldberg, Potter Stewart, Earl Warren (writing for the Court), Byron R. White John Marshall Harlan I Washington, D.C. 15 June 1964 The Supreme Court held that the e…

less than 1 minute read

Reynolds v. Sims - Further Readings

Reynolds involved the apportionment of the Alabama state legislature. The facts in the case were common to many states also undergoing court challenges. When the Alabama Constitution of 1901 was ratified, it provided that the legislature should periodically reapportion itself. The legislature ignored this mandate, however, and the legislative districts remained unchanged for 60 years. During that …

5 minute read

Richard Franklin Speck Trial: 1967 - Trial Moved, Mistaken Identity?

Defendant: Richard Franklin Speck Crime Charged: Murder Chief Defense Lawyers: Gerald Getty, James Gramenos, and Jerome Wexler Chief Prosecutor: William Martin Judge: Herbert C. Paschen Place: Peoria, Illinois Dates of Trial: February 20-April 15, 1967 Verdict: Guilty Sentence: Death, later commuted to 8 life terms imprisonment SIGNIFICANCE: Nothing like the testimony of Corazon Amurao had ever gr…

1 minute read

Rosenblatt v. Baer - Significance

Mr. Rosenblatt Mr. Baer That by finding Rosenblatt negligent in a civil libel case involving public affairs, a New Hampshire state court violated his freedom of speech, and limited public discussion. Arthur H. Nighswander Stanley M. Brown William J. Brennan, Jr. (writing for the Court), Tom C. Clark, William O. Douglas, Potter Stewart, Hugo Lafayette Black, Earl Warren, Byron R. White John Marshal…

less than 1 minute read

Rosenbloom v. Metromedia - Significance, Impact

George Rosenbloom Metromedia, Inc. A radio station that broadcast defamatory information about a private individual has committed libel, since the news was not about a public figure or public official. Ramsey Clark Bernard G. Segal Hugo Lafayette Black, Harry A. Blackmun, William J. Brennan, Jr. (writing for the Court), Warren E. Burger, Byron R. White John Marshall Harlan II, Thurgood Marshall, P…

1 minute read

Rubin "Hurricane" Carter Trials: 1967, 1988 - Moving In On Carter, First Trial Ends In Conviction, Second Conviction Overturned On Appeal

Defendant: Rubin "Hurricane" Carter Crime Charged: Murder Chief Defense Lawyers: First Trial: Raymond Brown; Second Trial: Myron Beldock; Federal Court Appeal: Myron Beldock, Leon Friedman, Lewis Steel Chief Prosecutors: First Trial: Vincent Hall; Second Trial: Ronald Marmo; Federal Court Appeal: John Goceljak Judges: First Trial: Samuel Larner; Second Trial: Bruno Leopizzi; Federal …

1 minute read

Schmerber v. California - Significance, The Accident, Arrest, And Conviction, A Difficult Decision, Impact, Justice Abe Fortas

Armando Schmerber State of California That the blood test administered during his hospital stay for injuries suffered from a traffic accident violated his Fifth Amendment right against providing self-incriminating evidence as well as his Fourth and Fourteenth Amendment rights against unreasonable searches and seizures. Thomas M. McGurrin Edward L. Davenport William J. Brennan, Jr. (writing for the…

1 minute read

Schneider v. Rusk - Significance, No "second Class Citizenship" Allowed, The Historical Record For Residency

Angelika L. Schneider Dean Rusk, U.S. Secretary of State That a section of the 1952 Immigration and Naturalization Act, which stripped the citizenship of naturalized Americans who lived abroad for more than three years was unconstitutional. Milton V. Freeman Bruce J. Terris Hugo Lafayette Black, William O. Douglas (writing for the Court), Arthur Goldberg, Potter Stewart, Earl Warren Tom C. Clark, …

less than 1 minute read

See v. City of Seattle - Significance, Protection From Administrative Searches, Impact, Related Cases

See City of Seattle That the city of Seattle Fire Department must have a search warrant consistent with the safeguards against unreasonable search offered by the Fourth Amendment to perform a fire code inspection of a locked private warehouse. Norman Dorsen A. L. Newbould Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Abe Fortas, Earl Warren, Byron R. White (writing for the Cou…

less than 1 minute read

Shapiro v. Thompson - Significance, The Right To Interstate Travel, Legitimate Government Objectives?, Impact, Temporary Assistance For Needy Families

Vivian Marie Thompson Shapiro, Commissioner of Welfare of Connecticut That the denial of state and the District of Columbia welfare benefits to residents of less than one year is discriminatory and violates the Equal Protection Clause of the Fourteenth Amendment. Archibald Cox Francis J. MacGregor William J. Brennan, Jr. (writing for the Court), William O. Douglas, Abe Fortas, Thurgood Marshall, P…

less than 1 minute read

Sherbert v. Verner - Legal Context, High Court Reverses, Dissenting Opinion, Sherbert Test

Adeil Sherbert Verner, et al. That South Carolina's denial of unemployment benefits to a Seventh Day Adventist who refused to work on Saturdays constituted a violation of her constitutional right to freely exercise her religion. Daniel R. McLeod William D. Donnelly Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), Tom C. Clark, William O. Douglas, Arthur Goldberg, Potter Stewa…

1 minute read

Sirhan Bishara Sirhan Trial: 1969 - A Murder Plan, Cynical Performance, Suggestions For Further Reading

Defendant: Sirhan Bishara Sirhan Crime Charged: Murder Chief Defense Lawyers: Grant Cooper, Russell Parsons, Emile Berman, and Michael A. McCowan Chief Prosecutors: Lynn D. Compton, John Howard, and David Fitts Judge: Herbert V. Walker Place: Los Angeles, California Dates of Trial: January 1 3— April 23, 1969 Verdict: Guilty Sentence: Death, later commuted to life imprisonment SIGNIFICANCE:…

2 minute read

South Carolina v. Katzenbach - Significance, Congress Passes The Voting Rights Act, South Carolina Challenges Voting Rights Act, Related Cases

State of South Carolina Nicholas B. Katzenbach, U.S. Attorney General That certain portions of the Voting Rights Act of 1965 relating to eligibility tests for voters, voter qualifications, and appointment of federal voting examiners, are invalid. David W. Robinson II, Daniel R. McLeod Nicholas B. Katzenbach, U.S. Attorney General Hugo Lafayette Black, William J. Brennan, Jr., Tom C. Clark, William…

less than 1 minute read

Stanley v. Georgia - Obscene Materials, Privacy And The First Amendment, Impact, Related Cases

Robert Eli Stanley State of Georgia A Georgia state law criminalizing the possession of obscene material in one's home is unconstitutional because it violates the freedom of speech clause in the First Amendment. Wesley R. Asinof J. Robert Sparks Hugo Lafayette Black, William J. Brennan, Jr., William O. Douglas, Abe Fortas, John Marshall Harlan II, Thurgood Marshall (writing for the Court), Potter …

1 minute read

Swann v. Charlotte-Mecklenburg Board of Education - Significance, Supreme Court Upholds School Busing, Further Readings

James E. Swann Charlotte-Mecklenburg Board of Education That the local public schools were not doing enough to integrate their student bodies. Julius LeVonne Chambers and James M. Nabritt III William J. Waggoner and Benjamin S. Horack Hugo Lafayette Black, Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger (writing for the Court), William O. Douglas, John Marshall Harlan II, Thurgood Mar…

less than 1 minute read

Terry v. Ohio - Significance, The Supreme Court Decision, Stop And Frisk Searches

Terry State of Ohio That the "stop and frisk" actions of police officer Martin McFadden constituted an unreasonable search and seizure. Louis Stokes Reuben M. Payne Hugo Lafayette Black, William J. Brennan, Jr., Abe Fortas, John Marshall Harlan II, Thurgood Marshall, Potter Stewart, Earl Warren (writing for the Court), Byron R. White William O. Douglas Washington, D.C. 10 June 1968 A police office…

1 minute read

Tilton v. Richardson - Significance, Higher Education Act

Tilton, et al. Richardson, U.S. Secretary of Health, Education, and Welfare, et al. Institutions receiving federal monies were sectarian, therefore under Higher Education Facilities Act, they should not get monies. Leo Pfeffer Daniel M. Friedman Harry A. Blackmun, Warren E. Burger (writing for the Court), John Marshall Harlan II, Potter Stewart, Byron R. White Hugo Lafayette Black, William J. Bren…

1 minute read

U.S. v. Berrigan: 1968 - Philip And Daniel Berrigan Stand Trial, Suggestions For Further Reading

Defendants: Philip Berrigan, Daniel Berrigan, and others Crimes Charged: Willfully injuring government property, mutilating public records, and hindering the operation Selective Service System Chief Defense Lawyers: Harrop Freeman and William Kunstler Chief Prosecutors: Stephen H. Sachs and Barnet D. Skolnik Judge: Roszel C. Thomsen Place: Baltimore, Maryland Dates of Trial: October 7-10, 1968 Ver…

1 minute read

U.S. v. Hoffa: 1964 - "get-hoffa Squad" Assembled, Government Succeeds

Defendants: James R. Hoffa Crimes Charged: First trial: jury tampering; Second trial: mail and wire fraud, conspiracy Chief Defense Lawyers: First trial: Harry Berke, James Haggerty, Jacques Schiffer, and Harvey Silets; Second trial: Daniel Ahearn, James Haggerty, and Maurice Walsh. Chief Prosecutors: First trial: John Hooker and James Neal; Second trial: William Bittman and Charles Smith Judges: …

2 minute read

United States v. Guest - Significance, Intent To Interfere, The Right To Travel, Impact, Related Cases, Burden Of Proof

United States Herbert Guest, et al. That the respondent conspired to deprive black citizens of their rights guaranteed by the Civil Rights Act of 1964. Thurgood Marshall, U.S. Solicitor General James E. Hudson, Charles J. Bloch Hugo Lafayette Black, William J. Brennan, Jr., Tom C. Clark, Abe Fortas, Potter Stewart (writing for the Court), Byron R. White William O. Douglas, John Marshall Harlan II,…

1 minute read

United States v. O'Brien - Significance, Draft Card Burning

United States David Paul O'Brien That a federal law prohibiting the destruction of draft cards is not a violation of the First Amendment's free speech guarantees. Erwin N. Griswold, U.S. Solicitor General Marvin M. Karpatkin Hugo Lafayette Black, William J. Brennan, Jr., Abe Fortas, John Marshall Harlan II, Potter Stewart, Earl Warren (writing for the Court), Byron R. White William O. Douglas (Thu…

less than 1 minute read

United States v. Seeger - Significance, Defining Religious Belief, Vietnam Era Ferment, Conscientious Objectors

United States Daniel Andrew Seeger That only conscientious objection due to organized beliefs allowed exemption to service. Archibald Cox, U.S. Solicitor General Kenneth W. Greenwalt Hugo Lafayette Black, William J. Brennan, Jr., Tom C. Clark (writing for the Court), William O. Douglas, Arthur J. Goldberg, John Marshall Harlan II, Potter Stewart, Earl Warren, Byron R. White None Washington, D.C. 8…

1 minute read

United States v. U.S. District Court - Significance, Writ Of

United States U.S. District Court for the Eastern District of Michigan That the government's petition for a writ of mandamus compelling the district court judge to vacate his disclosure order in a criminal case involving evidence obtained by electronic surveillance be granted. Robert C. Mardian William T. Gossett Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger, William O. Douglas, Thu…

1 minute read

Walker v. Birmingham - Significance

Wyatt Tee Walker, et al. City of Birmingham, Alabama That the conviction of Walker and seven other African American ministers, including Dr. Martin Luther King, Jr., on contempt charges stemming from their decision to disregard an injunction prohibiting them from participating in a Birmingham demonstration, should be reversed on grounds that the injunction violated their constitutionally protected…

1 minute read

Waller v. Florida - Significance, Motion To Suppress

Joseph Waller, Jr. Earl Faircloth, Attorney General of the State of Florida That a prosecution in a court of the United States is a bar to a subsequent prosecution in a territorial court, since both are arms of the same sovereign. Leslie H. Levinson George Georgieff Hugo Lafayette Black, Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger (writing for the Court), William O. Douglas, John …

less than 1 minute read

Walz v. Tax Commission - Significance, Separation Of Church And State, Further Readings

Frederick Walz New York Tax Commission That a New York state property tax exemption granted to religious organizations constituted governmental establishment of religion, thus violating the First Amendment. Edward J. Ennis J. Lee Rankin Hugo Lafayette Black, Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger (writing for the Court), John Marshall Harlan II, Thurgood Marshall, Potter Stew…

less than 1 minute read

Maryland Penitentiary v. Hayden Warden - Significance, Impact

Warden, Maryland Penitentiary Bennie Joe Hayden A police officer may seize mere evidence--evidence that is not an instrumentality of a crime, the fruits of a crime, or contraband--found in the course of a valid warrantless search conducted in a criminal suspect's home immediately after a hot pursuit of the suspect. Franklin Goldstein, Assistant Attorney General of Maryland Albert R. Turnbull Hugo …

1 minute read

The Whitmore Confessions and Richard Robles Trial: 1965 - Confessions Discredited, Richard Robles Arrested, Whitmore Retried In Assault Case, Whitmore Convicted Again, Then Released

Defendant: Richard Robles Crime Charged: Murder Chief Defense Attorneys: Frederick H. Block and Jack S. Hoffinger Chief Prosecutor: John F. Keenan Judge: Irwin D. Davidson Place: New York, New York Dates of Trial: October 18-December 1, 1965 Verdict: Guilty Sentence: Life imprisonment SIGNIFICANCE: The notoriety of two murders for which Robles was eventually convicted contributed to the legal prob…

1 minute read

William Calley Court-Martial: 1970 - Some Refused Orders

Defendant: William L. Calley Crime Charged: Murder Chief Defense Lawyers: Brookes S. Doyle, Jr., Richard B. Kay, George W. Latimer, and Kenneth A. Raby Chief Prosecutors: Aubrey Daniel and John Partin Judge: Reid W. Kennedy Place: Fort Benning, Georgia Dates of Court-Martial: November 17, 1970-March 29, 1971 Verdict: Guilty Sentence: Life imprisonment SIGNIFICANCE: The trial of Lt. William Calley …

4 minute read

Wisconsin v. Yoder - Significance, The Amish And Schooling, Further Readings

State of Wisconsin Jonas Yoder, Wallace Miller, Adin Yutzy That three Amish parents violated state educational requirements by refusing to send their children to public school past the eighth grade. John W. Calhoun William B. Ball Harry A. Blackmun, William J. Brennan, Jr., Warren E. Burger (writing for the Court), Thurgood Marshall, Potter Stewart, Byron R. White William O. Douglas (Lewis F. Powe…

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Witherspoon v. Illinois - Significance, Impact

William C. Witherspoon State of Illinois It is unconstitutional for a penalty of death to be delivered by a jury that is selected through a process of eliminating certain prospective jurors simply because they voiced general objections to the death penalty or expressed conscientious or religious scruples against imposition of the death penalty. Albert E. Jenner, Jr. James B. Zagel William J. Brenn…

1 minute read

Wong Sun v. United States - Significance, Fruits Of The Poisonous Tree, Impact

Wong Sun, James Wah Toy United States That use of evidence illegally obtained by police in criminal proceedings violates the petitioners' constitutional rights under the Due Process Clause of the Fourteenth Amendment. Edward Bennett Williams J. William Doolittle Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), William O. Douglas, Arthur Goldberg, Earl Warren Tom C. Clark, Joh…

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Zemel v. Rusk - Significance

Louis Zemel Dean Rusk, U.S. Secretary of State; Robert F. Kennedy, U.S. Attorney General That it is unconstitutional for the secretary of state and attorney general to limit the location of travel of a citizen of the United States. Leonard B. Boudin Benjamin C. Flannagan J. Joseph Smith, Circuit Judge; District Judge Claire; District Judge Blumenfeld U.S. District Court, District of Connecticut 20…

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Zicarelli v. The New Jersey State Commission of Investigation - Significance, The Supreme Court Ruling, The Issue Of Immunity, Vagueness Of The Statute

Joseph Arthur Zicarelli The New Jersey State Commission of Investigation That a state commission's requirement that Zicarelli answer questions under a grant of immunity from prosecution was inconsistent with his constitutional rights under the Fifth Amendment. Michael A. Querques Andrew F. Phelan Harry A. Blackmun, Warren E. Burger, Lewis F. Powell, Jr. (writing for the Court), Potter Stewart, Byr…

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Zwickler v. Koota - Significance, An Important Reversal, An Additional Reversal, Related Cases

Zwickler Koota, District Attorney of Kings County That section 781-b of the New York Penal Code violated the appellant's First Amendment rights. Emanuel Redfield Samuel A. Hirshowitz, First Assistant Attorney General of New York Hugo Lafayette Black, William J. Brennan, Jr. (writing for the Court), Abe Fortas, Thurgood Marshall, William O. Douglas, Potter Stewart, Earl Warren, Byron R. White John …

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