http://www.oyez.org/cases/1950-1959/podcast U.S. Supreme Court Oral Arguments, presented by The Oyez Project (www.oyez.org) en The Oyez Project at Chicago-Kent /cases/1950-1959/1958/1958_380/1_argument None Wed, 29 Apr 1959 13:00:00 +0000 80604 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1958/1958_1_2/argument The Smith Act's membership clause prohibited membership in organizations advocating the violent or forceful overthrow of the United States government. Junius Scales was criminally charged with membership in the Communist Party of the United States ("Party") because it advocated the overthrow of the government "as speedily as circumstances would permit." Challenging his felony charge, Scales claimed that the Internal Security Act of 1950 ("Security Act") stated that membership in a Communist organization shall not constitute a per se violation of any criminal statute. After failing in both a district and appellate court, Scales' appeal to the Supreme Court was granted certiorari. Wed, 29 Apr 1959 13:00:00 +0000 53544 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1958/1958_1_2/reargument The Smith Act's membership clause prohibited membership in organizations advocating the violent or forceful overthrow of the United States government. Junius Scales was criminally charged with membership in the Communist Party of the United States ("Party") because it advocated the overthrow of the government "as speedily as circumstances would permit." Challenging his felony charge, Scales claimed that the Internal Security Act of 1950 ("Security Act") stated that membership in a Communist organization shall not constitute a per se violation of any criminal statute. After failing in both a district and appellate court, Scales' appeal to the Supreme Court was granted certiorari. Wed, 29 Apr 1959 13:00:00 +0000 admin 62260 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1958/1958_94/argument The Illinois legislature adopted a law requiring all trucks and trailers traveling on the state's highways to operate with contour mudguards. The legislators believed that this specific type of mudguard would protect motorists by preventing trucks from throwing debris into the windshields of passing or trailing vehicles. Mon, 30 Mar 1959 13:00:00 +0000 53543 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1958/1958_35/argument During hearings of the House Committee on Un-American Activities, Lloyd Barenblatt, a university professor, refused to answer questions concerning his political and religious beliefs along with his associational activities. He was found in contempt of Congress for failing to cooperate with the committee investigation. Tue, 18 Nov 1958 13:00:00 +0000 53542 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1958/1958_1/argument-6 The Governor and the Legislature of Arkansas openly resisted the Supreme Court's decision in Brown v. Board of Education. They refused to obey court orders designed to implement school desegregation. Local officials delayed plans to do away with segregated public facilities. Thu, 28 Aug 1958 13:00:00 +0000 80624 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1958/1958_1/argument-3 The Governor and the Legislature of Arkansas openly resisted the Supreme Court's decision in Brown v. Board of Education. They refused to obey court orders designed to implement school desegregation. Local officials delayed plans to do away with segregated public facilities. Thu, 28 Aug 1958 13:00:00 +0000 80621 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1958/1958_1/argument-4 The Governor and the Legislature of Arkansas openly resisted the Supreme Court's decision in Brown v. Board of Education. They refused to obey court orders designed to implement school desegregation. Local officials delayed plans to do away with segregated public facilities. Thu, 28 Aug 1958 13:00:00 +0000 80622 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1958/1958_1/argument-1 The Governor and the Legislature of Arkansas openly resisted the Supreme Court's decision in Brown v. Board of Education. They refused to obey court orders designed to implement school desegregation. Local officials delayed plans to do away with segregated public facilities. Thu, 28 Aug 1958 13:00:00 +0000 80619 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1958/1958_1/argument-5 The Governor and the Legislature of Arkansas openly resisted the Supreme Court's decision in Brown v. Board of Education. They refused to obey court orders designed to implement school desegregation. Local officials delayed plans to do away with segregated public facilities. Thu, 28 Aug 1958 13:00:00 +0000 80623 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1958/1958_1/argument-2 The Governor and the Legislature of Arkansas openly resisted the Supreme Court's decision in Brown v. Board of Education. They refused to obey court orders designed to implement school desegregation. Local officials delayed plans to do away with segregated public facilities. Thu, 28 Aug 1958 13:00:00 +0000 80620 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1957/1957_481/argument Rockwell Kent applied for and was refused a passport to visit England. In addition to informing him that his application refusal rested on his Communist Party affiliations, the Passport Office Director told Kent that in order for a passport to be issued a hearing would be necessary. The Director instructed Kent to submit an affidavit as to whether he was a current or past Communist. Upon the advice of counsel, Kent refused to sign the affidavit but did participate in a hearing at which he was once more asked to sign an affidavit concerning his Communist affiliations. When he refused the affidavit, the Passport Department advised Kent that no further action would be taken on his passport request until he satisfied the affidavit requirement. On appeal from consecutive adverse rulings in both district and appellate court, the Supreme Court granted Kent certiorari. Thu, 10 Apr 1958 13:00:00 +0000 53554 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1957/1957_91/argument-2 As part of its strategy to enjoin the NAACP from operating, Alabama required it to reveal to the State's Attorney General the names and addresses of all the NAACP's members and agents in the state. Wed, 15 Jan 1958 13:00:00 +0000 53552 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1957/1957_91/argument-1 As part of its strategy to enjoin the NAACP from operating, Alabama required it to reveal to the State's Attorney General the names and addresses of all the NAACP's members and agents in the state. Wed, 15 Jan 1958 13:00:00 +0000 53551 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1957/1957_52/argument By the War Claims Act of 1948, Congress established the War Claims Commission for the purpose of adjudicating claims for compensating internees, prisoners of war, and religious organizations. Wiener was confirmed as a member of the Commission by President Truman in 1950. In 1953, when President Eisenhower requested Wiener's resignation, Wiener refused. Eisenhower subsequently appointed a substitute to Wiener's post. The Commission was abolished in 1954, and Wiener brought a claim to recover his salary from the time of his removal to the last day of the Commission's existence. Mon, 18 Nov 1957 13:00:00 +0000 53553 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1956/1956_70/argument In 1944, United States Army private Albert Trop escaped from a military stockade at Casablanca, Morocco, following his confinement for a disciplinary violation. A day later, Trop willingly surrendered to an army truck headed back to Casablanca. Despite testifying that he "decided to return to the stockade" when he was picked up, a general court martial convicted Trop of desertion and sentenced him to three years at hard labor, loss of all pay and allowances, and a dishonorable discharge. In 1952, Trop applied for a passport. His application was rejected under Section 401(g) of the amended 1940 Nationality Act, on the ground that he lost his citizenship due to his conviction and dishonorable discharge for wartime desertion. After failing to obtain a declaratory judgment that he was a US citizen, from both a district and the Second Circuit Court of Appeals, Trop appealed to the Supreme Court, which granted certiorari. Thu, 02 May 1957 13:00:00 +0000 53547 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1956/1956_61/argument Alberts conducted a mail-order business which sold sexually explicit materials. He was convicted in a Municipal Court in California on a misdemeanor complaint which found him guilty of selling lewd and obscene books and of composing and publishing an obscene advertisement for his products. Mon, 22 Apr 1957 13:00:00 +0000 53549 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1956/1956_582/argument Roth operated a book-selling business in New York and was convicted of mailing obscene circulars and an obscene book in violation of a federal obscenity statute. Roth's case was combined with Alberts v. California, in which a California obscenity law was challenged by Alberts after his similar conviction for selling lewd and obscene books in addition to composing and publishing obscene advertisements for his products. Mon, 22 Apr 1957 13:00:00 +0000 53546 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1956/1956_521/argument Andrew Mallory was arrested by federal officers on charges of rape. Upon arresting Mallory, the officers questioned him until he confessed roughly seven hours later. After the confession, the police officers sought to reach a United States Commissioner for the purpose of arraigning Mallory. Mon, 01 Apr 1957 13:00:00 +0000 53545 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1956/1956_261/argument In 1954, John Watkins, a labor organizer, was called upon to testify in hearings conducted by the House Committee on Un-American Activities. Watkins agreed to describe his alleged connections with the Communist Party and to identify current members of the Party. Watkins refused to give information concerning individuals who had left the Communist Party. Watkins argued that such questions were beyond the authority of the Committee. Thu, 07 Mar 1957 13:00:00 +0000 53548 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1956/1956_6/argument Fourteen leaders of the Communist Party in the state of California were tried and convicted under the Smith Act. That Act prohibited willfully and knowingly conspiring to teach and advocate the overthrow of the government by force. This case was decided in conjunction with Richmond v. United States and Schneiderman v. United States. Mon, 08 Oct 1956 13:00:00 +0000 53550 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1955/1955_701/argument None Thu, 03 May 1956 13:00:00 +0000 63602 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1955/1955_701_2/reargument-2 None Thu, 03 May 1956 13:00:00 +0000 63603 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1955/1955_701_2/reargument-1 None Thu, 03 May 1956 13:00:00 +0000 63604 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1955/1955_442/argument The Food and Drug Administration ("FDA") fired Kendrick Cole when it determined that his employment was not "clearly consistent with the interests of national security." Mr. Cole was a food and drug inspector and a "preference-eligible veteran," but was charged with having "a close association with individuals reliably reported to be Communists." Mr. Cole appealed his discharge to the Civil Service Commission, which denied his appeal, finding that the Veterans' Preference Act did not afford Mr. Cole a right of appeal under the circumstances. Mr. Cole brought an action seeking declaratory judgment in the District of Columbia federal district court alleging that his discharge was invalid and that the Civil Service Commission improperly denied his appeal. The district court dismissed the case and the U.S. Court of Appeals for the District of Columbia affirmed. Tue, 06 Mar 1956 13:00:00 +0000 jgoldman 63910 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1955/1955_10/argument-2 Nelson, a member of the Communist Party, was convicted of violating the Pennsylvania Sedition Act. This Act was implemented prior to Congress's adoption of the Smith Act of 1940 (amended in 1948) which prohibited the same conduct as Pennsylvania's law. Tue, 15 Nov 1955 13:00:00 +0000 53540 at http://www.oyez.org http://www.oyez.org/cases/1950-1959/1955/1955_10/argument-1 Nelson, a member of the Communist Party, was convicted of violating the Pennsylvania Sedition Act. This Act was implemented prior to Congress's adoption of the Smith Act of 1940 (amended in 1948) which prohibited the same conduct as Pennsylvania's law. Tue, 15 Nov 1955 13:00:00 +0000 53539 at http://www.oyez.org