Cases - 1956 term

Thompson v. Coastal Oil Co.

Tue, 24 Jan 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Thompson

Respondent

Coastal Oil Co.

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1955-1956)

Opinion

352 U.S. 862 (1956)

Argued

Tuesday, January 24, 1956

Reargued:

Monday, October 8, 1956

Decided

Monday, October 15, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Thompson, 4 vote(s) against
Legal provision: None given

None

Reid v. Covert

Thu, 03 May 1956 13:00:00 +0000

Location

RAF Station Brize Norton

United Kingdom

51° 45' 57.9168" N, 1° 34' 5.8584" W

See map: Google Maps

Case Basics

Docket No.

701

Appellant

Curtis Reid

Petitioner Type

Appellant

Appellee

Claris Covert

Respondent Type

Appellee

Consolidation

No. 713, Kinsella, Warden v. Krueger

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 1 (1957)

Argued

Thursday, May 3, 1956

Reargued:

Wednesday, February 27, 1957

Decided

Monday, June 10, 1957

Advocates

J. Lee Rankin (Solicitor General, Department of Justice, reargued the cause for appellant in No. 701 and petitioner in No. 713)

Frederick Bernays Wiener (reargued the cause for appellee in No. 701 and respondent in No. 713)

Facts of the Case

While residing at an airbase in England as a military dependent, Mrs. Clarice Covert was tried and convicted by court-martial for the murder of her husband, a sergeant in the United States Air Force. Mrs. Covert was not a member of the armed forces. Her trial and subsequent conviction by court martial in the United States was authorized under Article 2(11) of the United States Code of Military Justice. Mrs. Covert filed a petition for a writ of habeas corpus in federal district court alleging that her conviction by military authorities had violated her constitutional rights under the Fifth and Sixth Amendments. The district court, holding that “a civilian is entitled to a civilian trial,” granted her petition. The Government appealed directly to the United States Supreme Court.

In its initial decision of the case (351 U.S. 487), the Court held that Mrs. Covert’s military trial was constitutional, that the Constitutional right to a trial by jury did not apply to American citizens tried in foreign lands. Congress, the Court held, could provide for trial by any means it saw fit so long as such means were reasonable and consistent with due process. Justice Felix Frankfurter issued a lengthy reservation, and Chief Justice Earl Warren together with Justices Hugo L. Black and William O. Douglas issued a strong dissent. The Court subsequently granted a petition for rehearing.

Question

Do American citizens abroad retain the rights granted to them by the Bill of Rights thus rendering Article 2(11) of the United State Code of Military Justice unconstitutional?

Conclusion

Decision: 6 votes for Covert, 2 vote(s) against
Legal provision: Uniform Code of Military Justice

Yes. In a plurality opinion written by Justice Hugo L. Black and joined by Chief Justice Earl Warren, and Justices William O. Douglas and William J. Brennan, Jr., the Court held that American citizens outside of the territorial jurisdiction of the United States retain the protections guaranteed by the United States Constitution. Accordingly, the decision below granting Mrs. Covert’s habeas petition was affirmed. Black wrote: “[W]e reject the idea that when the United States acts against citizens abroad it can do so free of the Bill of Rights. The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution. When the Government reaches out to punish a citizen who is abroad, the shield which the Bill of Rights and other parts of the Constitution provide to protect his life and liberty should not be stripped away just because he happens to be in another land.” Consequently, the plurality asserted that neither a treaty nor the Necessary and Proper Clause could confer upon Congress the sweeping power to try civilians by military court martial.

While a majority of the Court agreed with the ultimate result, they did so for different reasons. Concurring in the decision, Justice Felix Frankfurter rejected the idea that the Necessary and Proper Clause could prevent Congress from mandating the court martial of civilians in all cases. He opposed what he termed a “recourse to the literal words” of the Constitution. Merely to hold that Mrs. Covert could not stand trial before a military tribunal since she was not a member of the armed forces signified too narrow a review. In his opinion, that determination required the Court to assess the Constitution in its entirety and not simply the single provision granting Congress the power to regulate the nation’s land and naval forces. He advocated a balancing test that would require a court to weigh “all the factors involved...in order to decide whether [military dependents] are so closely related to what Congress may allowably deem essential for the effective...regulation of the land and naval forces that they may be subjected to court-martial jurisdiction in...capital cases, when the consequence is loss of [their constitutional] protections.”

Also concurring in the judgment, Justice John Marshall Harlan II essentially agreed with Frankfurter. Accordingly, he saw the determination as “analogous to issues of due process.” Having first determined that military dependents overseas bear a rational connection to the armed forces such that they could be validly subjected to court martial, he then asserted that the analysis turned on a question of what process was due a military dependent under the “particular circumstances of a particular case.” While capital cases such as this one certainly necessitated a full Article III trial, most petty offenses committed by military dependents almost certainly would not. He thus advocated a case-by-case approach, rejecting the sweeping conclusion set forth by the plurality. Since Harlan had originally voted with the majority in the initial decision of this case, his concurrence on rehearing was narrow but significant. Perhaps as a consequence of his earlier vote in the previous term, his opinion on rehearing was considerably less at odds with the arguments set forth in the dissent written by Justice Tom C. Clark and joined by Justice Harold Burton.

In that staunch dissent, Clark gave substantial weight to historical practice. He asserted that the “military has always exercised jurisdiction by court-martial over civilians accompanying armies in time of war,” and that for explicit reasons of policy concerning military morale and discipline, none of the Court’s relevant precedents had ever questioned that authority. He pointed out several troublesome and practical consequences of the Court’s holding. Not least among these were the vast distances between the United States and its various military instillations around the world. By setting forth an overly broad standard, the plurality, argued Clark, had opened the door to a myriad of petty offenses to be tried in the federal court system, thus incurring needles cost, delay, and disruption.

Justice Charles Whitaker took no part in the decision.

Historical Note

Reid v. Covert has the distinction of being the only case in the history of the Supreme Court in which the Court reversed itself on rehearing. In successfully persuading the Court to do so, Mrs. Covert’s lawyer, Colonel Frederick Bernays Wiener, secured for himself a seat among the giants of the legal profession. A seasoned veteran of Supreme Court litigation, Colonel Wiener considered his triumph in Reid v. Covert to be among his greatest professional accomplishments. His oral argument in the case has attained legendary status and remains a preeminent exemplar in the art of persuasion and appellate advocacy.

Matthew Lognion contributed this abstract.

United States v. Plesha

Thu, 08 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Plesha

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 202 (1957)

Argued

Thursday, November 8, 1956

Decided

Monday, January 14, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Plesha, 3 vote(s) against
Legal provision: 50 U.S.C. 540

None

Labor Board v. Lion Oil Co.

Mon, 08 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Labor Board

Petitioner Type

Petitioner

Respondent

Lion Oil Co.

Respondent Type

Respondent

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 282 (1957)

Argued

Monday, October 8, 1956

Decided

Tuesday, January 22, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Labor Board, 2 vote(s) against
Legal provision: National Labor Relations, as amended

None

Mallory v. United States

Mon, 01 Apr 1957 13:00:00 +0000

Location

Washington Asylum and Jail

Massachusetts Avenue Washington D.C. 20003

Washington 20003

United States

38° 53' 12.282" N, 76° 58' 57.8064" W

See map: Google Maps

Case Basics

Docket No.

521

Petitioner

Mallory

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 449 (1957)

Argued

Monday, April 1, 1957

Decided

Monday, June 24, 1957

Advocates

Edward L. Barrett, Jr. (Argued the cause for the United States)

William B. Bryant (Argued the cause for the petitioner)

Facts of the Case

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.

Question

Did the questioning of Mallory prior to his appearance before a commissioner violate Due Process and the Federal Rules of Criminal Procedure?

Conclusion

Decision: 9 votes for Mallory, 0 vote(s) against
Legal provision: Federal Rules of Criminal Procedure (or relevant rules of a circuit court)

In a unanimous decision, the Court held that the arraignment of Mallory was not accomplished "without unnecessary delay," violating the Federal Rules of Criminal Procedure. The Court noted that Mallory was not told of his rights to counsel or to a preliminary examination before a magistrate, nor of his right to remain silent. "Not until he had confessed, when any judicial caution had lost its purpose, did the police arraign him." The Court held that it was not the function of the police to arrest people at large and interrogate them at police headquarters in order to determine whom they should charge before approaching a commissioner.

Bank Of America v. Parnell

Thu, 18 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Bank Of America

Petitioner Type

Petitioner

Respondent

Parnell

Respondent Type

Respondent

Consolidation

No. 22

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 29 (1956)

Argued

Thursday, October 18, 1956

Decided

Tuesday, November 13, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Bank Of America, 2 vote(s) against
Legal provision:

None

Rabang v. Boyd

Wed, 01 May 1957 13:00:00 +0000

Case Basics

Docket No.

403

Petitioner

Rabang

Petitioner Type

Petitioner

Respondent

Boyd

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 427 (1957)

Argued

Wednesday, May 1, 1957

Decided

Monday, May 27, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Boyd, 1 vote(s) against
Legal provision: 8 U.S.C. 156

None

Scales v. United States

Wed, 10 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Scales

Respondent

United States

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1957-1958)

Opinion

355 U.S. 1 (1957)

Argued

October 10-11, 1956

Decided

Monday, October 14, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Scales, 0 vote(s) against
Legal provision:

None

Nelson v. New York City

Wed, 07 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Appellee

New York City

Petitioner Type

Appellee

Appellant

Nelson

Respondent Type

Appellant

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 103 (1956)

Argued

Wednesday, November 7, 1956

Decided

Monday, December 10, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for New York City, 0 vote(s) against
Legal provision: Due Process

None

Theard v. United States

Thu, 13 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Theard

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 278 (1957)

Argued

Thursday, December 13, 1956

Decided

Monday, June 17, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Theard, 0 vote(s) against
Legal provision:

None

Delli Paoli v. United States

Thu, 18 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Delli Paoli

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 232 (1957)

Argued

Thursday, October 18, 1956

Decided

Monday, January 14, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for United States, 4 vote(s) against
Legal provision:

None

Fourco Glass Co. v. Transmirra Corp.

Tue, 02 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

310

Petitioner

Fourco Glass Co.

Petitioner Type

Petitioner

Respondent

Transmirra Corp.

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 222 (1957)

Argued

Tuesday, April 2, 1957

Decided

Monday, April 29, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Fourco Glass Co., 1 vote(s) against
Legal provision: 28 U.S.C. 1400

None

Webb v. Illinois Central R. Co.

Mon, 03 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Webb

Petitioner Type

Petitioner

Respondent

Illinois Central R. Co.

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 512 (1957)

Argued

Monday, December 3, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Webb, 2 vote(s) against
Legal provision: Federal Employers' Liability

None

United States v. I. C. C.

Thu, 11 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Appellee

I. C. C.

Petitioner Type

Appellee

Appellant

United States

Respondent Type

Appellant

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 158 (1956)

Argued

Thursday, October 11, 1956

Decided

Monday, December 17, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for I. C. C., 2 vote(s) against
Legal provision: Interstate Commerce, as amended

None

Lambert v. California

Wed, 03 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

California

Respondent

Lambert

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

355 U.S. 225 (1957)

Argued

Wednesday, April 3, 1957

Reargued:

October 16-17, 1957

Decided

Monday, December 16, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Lambert, 4 vote(s) against
Legal provision: Due Process

None

Libson Shops, Inc. v. Koehler

Tue, 15 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Libson Shops, Inc.

Petitioner Type

Petitioner

Respondent

Koehler

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 382 (1957)

Argued

Tuesday, January 15, 1957

Decided

Monday, May 27, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Koehler, 1 vote(s) against
Legal provision: Internal Revenue Code

None

Green v. United States

Thu, 25 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Green

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

355 U.S. 184 (1957)

Argued

Thursday, April 25, 1957

Reargued:

Tuesday, October 15, 1957

Decided

Monday, December 16, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Green, 4 vote(s) against
Legal provision: Double Jeopardy

None

Lake Tankers Corp. v. Henn

Mon, 06 May 1957 13:00:00 +0000

Case Basics

Docket No.

445

Petitioner

Lake Tankers Corp.

Petitioner Type

Petitioner

Respondent

Henn

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 147 (1957)

Argued

Monday, May 6, 1957

Decided

Monday, June 10, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Henn, 3 vote(s) against
Legal provision: 46 U.S.C. 181

None

Leedom v. International Union

Wed, 14 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Leedom

Petitioner Type

Petitioner

Respondent

International Union

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 145 (1956)

Argued

Wednesday, November 14, 1956

Decided

Monday, December 10, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for International Union, 0 vote(s) against
Legal provision: Labor-Management Relations

None

Jackson v. Taylor

Tue, 30 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

619

Petitioner

Jackson

Petitioner Type

Petitioner

Respondent

Taylor

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 569 (1957)

Argued

Tuesday, April 30, 1957

Decided

Monday, June 3, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Taylor, 4 vote(s) against
Legal provision: Uniform Code of Military Justice

None

Labor Board v. Truck Drivers Union

Thu, 17 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

103

Petitioner

Labor Board

Respondent

Truck Drivers Union

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 87 (1957)

Argued

Thursday, January 17, 1957, Tuesday, January 22, 1957

Decided

Monday, April 1, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Labor Board, 0 vote(s) against
Legal provision: National Labor Relations, as amended

None

United States v. Witkovich

Thu, 28 Feb 1957 13:00:00 +0000

Case Basics

Docket No.

295

Appellee

Witkovich

Petitioner Type

Appellee

Appellant

United States

Respondent Type

Appellant

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 194 (1957)

Argued

Thursday, February 28, 1957

Decided

Monday, April 29, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Witkovich, 2 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

None

Lightfoot v. United States

Thu, 11 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Lightfoot

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1957-1958)

Opinion

355 U.S. 2 (1957)

Argued

Thursday, October 11, 1956

Decided

Monday, October 14, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Lightfoot, 0 vote(s) against
Legal provision:

None

West Point Grocery Co. v. Opelika

Wed, 24 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

478

Appellee

Opelika

Petitioner Type

Appellee

Appellant

West Point Grocery Co.

Respondent Type

Appellant

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 390 (1957)

Argued

Wednesday, April 24, 1957

Decided

Monday, June 17, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for West Point Grocery Co., 1 vote(s) against
Legal provision: Article 1, Section 8, Paragraph 3: Interstate Commerce Clause

None

United States v. Carter

Wed, 05 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Carter

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 210 (1957)

Argued

Wednesday, December 5, 1956

Decided

Monday, April 29, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for United States, 0 vote(s) against
Legal provision: Miller

None

United States v. Bergh

Mon, 15 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Bergh

Respondent Type

Respondent

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 40 (1956)

Argued

Monday, October 15, 1956

Decided

Monday, November 19, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for United States, 3 vote(s) against
Legal provision: 5 U.S.C. 86

None

Lehmann v. Carson

Tue, 26 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Lehmann

Respondent

Carson

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 685 (1957)

Argued

March 26-27, 1957

Decided

Monday, June 3, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Lehmann, 2 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

None

British Transport Comm'n v. U.S.

Mon, 29 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

247

Petitioner

British Transport Comm'n

Petitioner Type

Petitioner

Respondent

U.S.

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 129 (1957)

Argued

Monday, April 29, 1957

Decided

Monday, June 10, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for U.S., 3 vote(s) against
Legal provision: 46 U.S.C. 181

None

Kingsley Books, Inc. v. Brown

Mon, 22 Apr 1957 13:00:00 +0000

Location

Kingsley Books, Inc.

220 West 42nd Street New York NY 10036

New York, NY 10036

United States

40° 45' 22.8384" N, 73° 59' 16.746" W

See map: Google Maps

Case Basics

Docket No.

107

Appellant

Kingsley Books, Inc. et al.

Petitioner Type

Appellant

Appellee

Peter Campbell Brown

Respondent Type

Appellee

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 436 (1957)

Argued

Monday, April 22, 1957

Decided

Monday, June 24, 1957

Advocates

Emanuel Redfield (argued the cause for the appellants)

Seymour B. Quel (argued the cause for the appellee)

Facts of the Case

New York state law authorized the legal counsel for a municipality to seek an injunction against and the destruction of material deemed by the courts to be obscene. Peter Campbell Brown, Corporation Counsel for the City of New York, sought such an injunction against several bookstores. The process of review that followed was a civil, rather than criminal procedure, and the courts ultimately granted the injunction and sought to destroy the obscene material.

Question

Did the civil procedure as laid out by New York statute violate the booksellers' rights under the Due Process Clause of the Fourteenth Amendment by not allowing for a criminal trial before imposing an injunction and destroying the obscene material?

Conclusion

Decision: 5 votes for Brown, 4 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

No. In a 5–4 opinion authored by Justice Felix Frankfurter, the Court concluded that the civil procedure complied with the requirements of due process. Justice Frankfurter noted that the procedural safeguards were not significantly different from many state criminal misdemeanor procedures, nor were the penalties any more severe. The opinion also reaffirmed the existing notion that the constitutional protection of speech does not extend to obscene material.

Brownell v. Chase National Bank

Tue, 16 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Brownell

Respondent

Chase National Bank

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 36 (1956)

Argued

October 16-17, 1956

Decided

Monday, November 19, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Chase National Bank, 0 vote(s) against
Legal provision: res judicata

None

Schware v. Board Of Bar Examiners

Mon, 14 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Schware

Respondent

Board Of Bar Examiners

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 232 (1957)

Argued

January 14-15, 1957

Decided

Monday, May 6, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Schware, 0 vote(s) against
Legal provision: Due Process

None

F. T. C. v. National Lead Co.

Wed, 12 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

F. T. C.

Petitioner Type

Petitioner

Respondent

National Lead Co.

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 419 (1957)

Argued

Wednesday, December 12, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for F. T. C., 0 vote(s) against
Legal provision: Federal Trade Commission

None

Peak v. United States

Thu, 28 Feb 1957 13:00:00 +0000

Case Basics

Docket No.

491

Petitioner

Peak

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 43 (1957)

Argued

Thursday, February 28, 1957

Decided

Monday, March 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Peak, 3 vote(s) against
Legal provision: 38 U.S.C. 810

None

Prince v. United States

Tue, 11 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

132

Petitioner

Prince

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 322 (1957)

Argued

Tuesday, December 11, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Prince, 1 vote(s) against
Legal provision: 18 U.S.C. 2113

None

United States v. Allen-Bradley Co.

Thu, 13 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Allen-Bradley Co.

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 306 (1957)

Argued

Thursday, December 13, 1956

Decided

Tuesday, January 22, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for United States, 0 vote(s) against
Legal provision: Internal Revenue Code

None

United States v. Calamaro

Mon, 04 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

304

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Calamaro

Respondent Type

Respondent

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 351 (1957)

Argued

Monday, March 4, 1957

Decided

Monday, June 17, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Calamaro, 1 vote(s) against
Legal provision: Internal Revenue Code

None

Roth v. United States

Mon, 22 Apr 1957 13:00:00 +0000

Location

Roth's mail-order book business New York, NY

United States

40° 42' 51.6708" N, 74° 0' 21.5028" W

See map: Google Maps

Case Basics

Docket No.

582

Petitioner

Roth

Respondent

United States

Consolidation

Alberts v. California, No. 61

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 476 (1957)

Argued

Monday, April 22, 1957

Decided

Monday, June 24, 1957

Advocates

O. John Rogge (for the petitioner)

Roger D. Fisher (Assistant to the Solicitor General, Department of Justice, for the United States)

David von G. Albrecht (for the petitioner)

Facts of the Case

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.

Question

Did either the federal or California's obscenity restrictions, prohibiting the sale or transfer of obscene materials through the mail, impinge upon the freedom of expression as guaranteed by the First Amendment?

Conclusion

Decision: 6 votes for United States, 3 vote(s) against
Legal provision: 18 U.S.C. 1461

In a 6-to-3 decision written by Justice William J. Brennan, Jr., the Court held that obscenity was not "within the area of constitutionally protected speech or press." The Court noted that the First Amendment was not intended to protect every utterance or form of expression, such as materials that were "utterly without redeeming social importance." The Court held that the test to determine obscenity was "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." The Court held that such a definition of obscenity gave sufficient fair warning and satisfied the demands of Due Process. Brennan later reversed his position on this issue in Miller v. California (1973).

Vanderbilt v. Vanderbilt

Mon, 22 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

302

Petitioner

Vanderbilt

Respondent

Vanderbilt

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 416 (1957)

Argued

April 22-23, 1957

Decided

Monday, June 24, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Vanderbilt, 2 vote(s) against
Legal provision: Article 4, Section 1: Full Faith and Credit Clause

None

Leiter Minerals, Inc., v. United States

Tue, 06 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Leiter Minerals, Inc.,

Respondent

United States

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 220 (1957)

Argued

November 6-7, 1956

Decided

Monday, January 14, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for United States, 1 vote(s) against
Legal provision: 28 U.S.C. 2283

None

United States v. Auto. Workers

Mon, 03 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Auto. Workers

Respondent

United States

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957)

Opinion

352 U.S. 567 (1957)

Argued

December 3-4, 1956

Decided

Monday, March 11, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for United States, 3 vote(s) against
Legal provision: 18 U.S.C. 610

None

San Diego Unions v. Garmon

Wed, 16 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

San Diego Unions

Petitioner Type

Petitioner

Respondent

Garmon

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 26 (1957)

Argued

Wednesday, January 16, 1957

Decided

Monday, March 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for San Diego Unions, 2 vote(s) against
Legal provision: National Labor Relations, as amended

None

Roviaro v. United States

Tue, 11 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Roviaro

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 53 (1957)

Argued

Tuesday, December 11, 1956

Decided

Monday, March 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Roviaro, 1 vote(s) against
Legal provision:

None

Guss v. Utah Labor Board

Wed, 16 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

280

Appellee

Utah Labor Board

Petitioner Type

Appellee

Appellant

Guss

Respondent Type

Appellant

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 1 (1957)

Argued

Wednesday, January 16, 1957

Decided

Monday, March 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Guss, 2 vote(s) against
Legal provision: National Labor Relations, as amended

None

Gold v. United States

Tue, 22 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

137

Petitioner

Gold

Respondent

United States

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 985 (1957)

Argued

January 22-23, 1957

Decided

Monday, January 28, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Gold, 3 vote(s) against
Legal provision:

None

Pan-Atlantic Corp. v. Atl. Coast Line

Tue, 23 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

408

Appellee

Atl. Coast Line

Petitioner Type

Appellee

Appellant

Pan-Atlantic Corp.

Respondent Type

Appellant

Consolidation

No. 424

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 436 (1957)

Argued

Tuesday, April 23, 1957

Decided

Monday, June 3, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Pan-Atlantic Corp., 3 vote(s) against
Legal provision: Interstate Commerce, as amended

None

S. E. C. v. Louisiana Pub. Ser v. Comm'n

Tue, 30 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

466

Petitioner

S. E. C. v. Louisiana Pub. Ser

Respondent

Comm'n

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 368 (1957)

Argued

April 30-May 1, 1957

Decided

Monday, May 13, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for S. E. C. v. Louisiana Pub. Ser, 0 vote(s) against
Legal provision: 15 U.S.C. 79

None

Textile Workers v. Lincoln Mills

Mon, 25 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

211

Petitioner

Textile Workers

Petitioner Type

Petitioner

Respondent

Lincoln Mills

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 448 (1957)

Argued

Monday, March 25, 1957

Decided

Monday, June 3, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Textile Workers, 1 vote(s) against
Legal provision: Labor-Management Relations

None

Sweezy v. New Hampshire

Tue, 05 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

175

Appellee

New Hampshire

Petitioner Type

Appellee

Appellant

Sweezy

Respondent Type

Appellant

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 234 (1957)

Argued

Tuesday, March 5, 1957

Decided

Monday, June 17, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Sweezy, 2 vote(s) against
Legal provision: Due Process

None

Swanson v. Traer

Wed, 27 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

149

Petitioner

Swanson

Petitioner Type

Petitioner

Respondent

Traer

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 114 (1957)

Argued

Wednesday, March 27, 1957

Decided

Monday, June 10, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Swanson, 0 vote(s) against
Legal provision:

None

United States v. Korpan

Thu, 25 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

596

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Korpan

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 271 (1957)

Argued

Thursday, April 25, 1957

Decided

Monday, June 17, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for United States, 1 vote(s) against
Legal provision: 26 U.S.C. 4462

None

Butler v. Michigan

Tue, 16 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Appellee

Michigan

Petitioner Type

Appellee

Appellant

Butler

Respondent Type

Appellant

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 380 (1957)

Argued

Tuesday, October 16, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Butler, 0 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

None

General Electric Co. v. Local 205

Tue, 26 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

276

Petitioner

General Electric Co.

Petitioner Type

Petitioner

Respondent

Local 205

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 547 (1957)

Argued

Tuesday, March 26, 1957

Decided

Sunday, June 2, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Local 205, 1 vote(s) against
Legal provision: Labor-Management Relations

None

Mulcahey v. Catalanotte

Wed, 27 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

435

Petitioner

Mulcahey

Petitioner Type

Petitioner

Respondent

Catalanotte

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 692 (1957)

Argued

Wednesday, March 27, 1957

Decided

Monday, June 3, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Mulcahey, 2 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

None

Pennsylvania v. Board Of Trusts

Sat, 27 Apr 2013 10:23:12 +0000

Case Basics

Docket No.

769

Petitioner

Pennsylvania

Petitioner Type

Petitioner

Respondent

Board Of Trusts

Respondent Type

Respondent

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 230 (1957)

Decided

Monday, April 29, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Pennsylvania, 0 vote(s) against
Legal provision: Equal Protection

None

California v. Taylor

Tue, 02 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

385

Petitioner

California

Petitioner Type

Petitioner

Respondent

Taylor

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 553 (1957)

Argued

Tuesday, April 2, 1957

Decided

Monday, June 3, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Taylor, 0 vote(s) against
Legal provision: Railway Labor

None

United States v. Turley

Thu, 24 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

289

Appellee

Turley

Petitioner Type

Appellee

Appellant

United States

Respondent Type

Appellant

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 407 (1957)

Argued

Thursday, January 24, 1957

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for United States, 3 vote(s) against
Legal provision: 18 U.S.C. 2312

None

Trop v. Dulles

Thu, 02 May 1957 13:00:00 +0000

Location

Military Stockade Casablanca

United States

33° 31' 59.9988" N, 7° 34' 59.9988" W

See map: Google Maps

Case Basics

Docket No.

Petitioner

Trop

Respondent

Dulles

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

356 U.S. 86 (1958)

Argued

Thursday, May 2, 1957

Reargued:

October 28-29, 1957

Decided

Monday, March 31, 1958

Advocates

J. Lee Rankin (Argued the cause for the respondents)

Osmond K. Fraenkel (Argued the cause for the petitioner)

Oscar H. Davis (Argued the cause for the respondents)

Facts of the Case

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.

Question

Did Section 401(g) of the amended 1940 Nationality Act (the "Act") allow for an unconstitutional punishment by authorizing the expatriation of a citizen convicted of wartime desertion?

Conclusion

Decision: 5 votes for Trop, 4 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

Yes. After finding that Section 401(g) of the amended Act was penal in nature, since it punished convicted deserters with denationalization, the Court held that expatriation was barred by the Eighth Amendment as a cruel and unusual penal remedy. Citizenship, the Court stated, is not a license that expires upon misbehavior. Rather, it can only be voluntarily renounced by express language and, or, conduct. Since Trop did not involve himself in any way with a foreign state, so as to demonstrate disloyalty to the United States, his court martial conviction of desertion did not justify his expatriation.

Kremen v. United States

Wed, 06 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

162

Petitioner

Kremen

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 346 (1957)

Argued

Wednesday, March 6, 1957

Decided

Monday, May 13, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Kremen, 2 vote(s) against
Legal provision: Amendment 4: Fourth Amendment

None

Leslie Miller, Inc., v. Arkansas

Wed, 05 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Arkansas

Respondent

Leslie Miller, Inc.,

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 187 (1956)

Argued

December 5-6, 1956

Decided

Monday, December 17, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Leslie Miller, Inc.,, 0 vote(s) against
Legal provision: 41 U.S.C. 152

None

In Re Groban

Tue, 06 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner Type

Appellee

Appellant

In Re Groban

Respondent Type

Appellant

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 330 (1957)

Argued

Tuesday, November 6, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for , 4 vote(s) against
Legal provision: 28 U.S.C. 1257

None

Benz v. Compania Naviera Hidalgo

Wed, 06 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

204

Petitioner

Benz

Petitioner Type

Petitioner

Respondent

Compania Naviera Hidalgo

Respondent Type

Respondent

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 138 (1957)

Argued

Wednesday, March 6, 1957

Decided

Monday, April 8, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Compania Naviera Hidalgo, 1 vote(s) against
Legal provision: Labor-Management Relations

None

Walker v. Hutchinson City

Mon, 15 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Hutchinson City

Respondent

Walker

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 112 (1956)

Argued

October 15-16, 1956

Decided

Monday, December 10, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Walker, 2 vote(s) against
Legal provision: Due Process

None

Goodall-Sanford v. Textile Workers

Mon, 25 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

262

Petitioner

Goodall-Sanford

Respondent

Textile Workers

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 550 (1957)

Argued

March 25-26, 1957

Decided

Monday, June 3, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Textile Workers, 1 vote(s) against
Legal provision: Labor-Management Relations

None

National Lead Co. v. Commissioner

Thu, 13 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

124

Petitioner

National Lead Co.

Petitioner Type

Petitioner

Respondent

Commissioner

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 313 (1957)

Argued

Thursday, December 13, 1956

Decided

Tuesday, January 22, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Commissioner, 0 vote(s) against
Legal provision: Internal Revenue Code

None

Meat Cutters v. Fairlawn Meats

Wed, 16 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Meat Cutters

Petitioner Type

Petitioner

Respondent

Fairlawn Meats

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 20 (1957)

Argued

Wednesday, January 16, 1957

Decided

Monday, March 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Meat Cutters, 2 vote(s) against
Legal provision: National Labor Relations, as amended

None

Alleghany Corp. v. Breswick & Co.

Wed, 23 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Breswick & Co.

Respondent

Alleghany Corp.

Consolidation

No. 82

No. 114

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 151 (1957)

Argued

January 23-24, 1957

Decided

Monday, April 22, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Alleghany Corp., 3 vote(s) against
Legal provision: Interstate Commerce, as amended

None

Rayonier, Inc., v. United States

Tue, 04 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Rayonier, Inc.,

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Consolidation

No. 47

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 315 (1957)

Argued

Tuesday, December 4, 1956

Decided

Monday, January 28, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Rayonier, Inc.,, 2 vote(s) against
Legal provision: Federal Tort Claims, or Alien Tort Statute

None

Morey v. Doud

Wed, 24 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

475

Appellee

Doud

Petitioner Type

Appellee

Appellant

Morey

Respondent Type

Appellant

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 457 (1957)

Argued

Wednesday, April 24, 1957

Decided

Monday, June 24, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Doud, 3 vote(s) against
Legal provision: Equal Protection

None

Office Employes v. Labor Board

Thu, 28 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

422

Petitioner

Office Employes

Petitioner Type

Petitioner

Respondent

Labor Board

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 313 (1957)

Argued

Thursday, March 28, 1957

Decided

Monday, May 6, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Office Employes, 4 vote(s) against
Legal provision: National Labor Relations, as amended

None

Rowoldt v. Perfetto

Tue, 13 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Rowoldt

Respondent

Perfetto

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

355 U.S. 115 (1957)

Argued

November 13-14, 1956

Reargued:

Monday, October 14, 1957

Decided

Monday, December 9, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Rowoldt, 4 vote(s) against
Legal provision: Smith, Subversive Activities Control, Communist Control, or other similar federal legislation except the Internal Security Act (qv.)

None

Johnson v. United States

Sat, 27 Apr 2013 10:23:13 +0000

Case Basics

Docket No.

531 MISC

Petitioner

Johnson

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Decided By

Warren Court (1957)

Opinion

352 U.S. 565 (1957)

Decided

Monday, March 4, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Johnson, 0 vote(s) against
Legal provision: 28 U.S.C. 1915

None

United States v. Chesapeake & O. R. Co.

Mon, 15 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Chesapeake & O. R. Co.

Respondent Type

Respondent

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 77 (1956)

Argued

Monday, October 15, 1956

Decided

Monday, December 3, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for United States, 1 vote(s) against
Legal provision: Interstate Commerce, as amended

None

Carroll v. United States

Thu, 04 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

571

Petitioner

Carroll

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 394 (1957)

Argued

Thursday, April 4, 1957

Decided

Monday, June 24, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Carroll, 0 vote(s) against
Legal provision: 28 U.S.C. 1291

None

United States v. Western Pac. R. Co.

Mon, 15 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Western Pac. R. Co.

Respondent Type

Respondent

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 59 (1956)

Argued

Monday, October 15, 1956

Decided

Monday, December 3, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for United States, 1 vote(s) against
Legal provision: Interstate Commerce, as amended

None

Ferguson v. Moore-Mccormack Lines

Mon, 10 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Ferguson

Petitioner Type

Petitioner

Respondent

Moore-Mccormack Lines

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 521 (1957)

Argued

Monday, December 10, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Ferguson, 2 vote(s) against
Legal provision: Federal Employers' Liability

None

Fikes v. Alabama

Thu, 06 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Fikes

Petitioner Type

Petitioner

Respondent

Alabama

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 191 (1957)

Argued

Thursday, December 6, 1956

Decided

Monday, January 14, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Fikes, 3 vote(s) against
Legal provision: Due Process

None

Service v. Dulles

Tue, 02 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

407

Petitioner

Service

Respondent

Dulles

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 363 (1957)

Argued

April 2-3, 1957

Decided

Monday, June 17, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Service, 0 vote(s) against
Legal provision:

None

Massachusetts Bonding Co. v. U.S.

Thu, 08 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Massachusetts Bonding Co.

Petitioner Type

Petitioner

Respondent

U.S.

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 128 (1956)

Argued

Thursday, November 8, 1956

Decided

Monday, December 10, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Massachusetts Bonding Co., 4 vote(s) against
Legal provision: Federal Tort Claims, or Alien Tort Statute

None

Hintopoulos v. Shaughnessy

Mon, 04 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

205

Petitioner

Hintopoulos

Petitioner Type

Petitioner

Respondent

Shaughnessy

Respondent Type

Respondent

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 72 (1957)

Argued

Monday, March 4, 1957

Decided

Monday, March 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Shaughnessy, 2 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

None

Watkins v. United States

Thu, 07 Mar 1957 13:00:00 +0000

Location

Congress

Constitution and Delaware Street Washington D.C. 20002

Washington 20002

United States

38° 53' 31.1496" N, 77° 0' 29.1744" W

See map: Google Maps

Case Basics

Docket No.

261

Petitioner

John Watkins

Respondent

United States

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 178 (1957)

Argued

Thursday, March 7, 1957

Decided

Monday, June 17, 1957

Advocates

Joseph L. Rauh, Jr. (Argued the cause for the petitioner)

J. Lee Rankin (Argued the cause for the United States)

Facts of the Case

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.

Question

Did the activities of the Un-American Activities Committee constitute an unconstitutional exercise of congressional power?

Conclusion

Decision: 6 votes for Watkins, 1 vote(s) against
Legal provision: Due Process

In a 6-to-1 decision, the Court held that the activities of the House Committee were beyond the scope of congressional power. The Court held that both the authorizing resolution of the Committee and the specific statements made by the Committee to Watkins failed to limit the Committee's power. The Court found that because Watkins had not been given sufficient information describing the pertinency of the questions to the subjects under inquiry, he had not been accorded a fair opportunity to determine whether he was within his rights in refusing to answer. The Due Process Clause of the Fifth Amendment thus invalidated Watkins' conviction.

Blackburn v. Alabama

Thu, 02 May 1957 13:00:00 +0000

Case Basics

Docket No.

426

Petitioner

Blackburn

Petitioner Type

Petitioner

Respondent

Alabama

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 393 (1957)

Argued

Thursday, May 2, 1957

Decided

Monday, June 17, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Blackburn, 3 vote(s) against
Legal provision:

None

Civil Aeronautics Board v. Hermann

Thu, 25 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

540

Petitioner

Civil Aeronautics Board

Petitioner Type

Petitioner

Respondent

Hermann

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 322 (1957)

Argued

Thursday, April 25, 1957

Decided

Monday, May 6, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Civil Aeronautics Board, 0 vote(s) against
Legal provision:

None

Chessman v. Teets

Mon, 13 May 1957 13:00:00 +0000

Case Basics

Docket No.

893

Petitioner

Chessman

Petitioner Type

Petitioner

Respondent

Teets

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 156 (1957)

Argued

Monday, May 13, 1957

Decided

Monday, June 10, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Chessman, 3 vote(s) against
Legal provision: Due Process

None

Curcio v. United States

Thu, 28 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

260

Petitioner

Curcio

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 118 (1957)

Argued

Thursday, March 28, 1957

Decided

Monday, June 10, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Curcio, 0 vote(s) against
Legal provision: Self-Incrimination

None

Radovich v. Nat. Football League

Thu, 17 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Radovich

Petitioner Type

Petitioner

Respondent

Nat. Football League

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 445 (1957)

Argued

Thursday, January 17, 1957

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Radovich, 3 vote(s) against
Legal provision: Clayton

None

Nilva v. United States

Thu, 08 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Nilva

Respondent

United States

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 385 (1957)

Argued

Thursday, November 8, 1956, Tuesday, November 13, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for United States, 4 vote(s) against
Legal provision:

None

United States v. Union Pacific R. Co.

Wed, 23 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Union Pacific R. Co.

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 112 (1957)

Argued

Wednesday, January 23, 1957

Decided

Monday, April 8, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for United States, 3 vote(s) against
Legal provision: 12 Stat. 489

None

Haynes v. United States

Tue, 05 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

257

Petitioner

Haynes

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 81 (1957)

Argued

Tuesday, March 5, 1957

Decided

Monday, April 1, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Haynes, 2 vote(s) against
Legal provision: Internal Revenue Code

None

Breithaupt v. Abram

Wed, 12 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Breithaupt

Respondent

Abram

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 432 (1957)

Argued

December 12-13, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Abram, 3 vote(s) against
Legal provision: Amendment 4: Fourth Amendment

None

Arnold v. Panhandle & S. F. R. Co.

Wed, 24 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

240

Petitioner

Arnold

Respondent

Panhandle & S. F. R. Co.

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 360 (1957)

Argued

April 24-25, 1957

Decided

Monday, May 13, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Arnold, 3 vote(s) against
Legal provision: Federal Employers' Liability

None

La Buy v. Howes Leather Co.

Wed, 17 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

La Buy

Respondent

Howes Leather Co.

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 249 (1957)

Argued

October 17-18, 1956

Decided

Monday, January 14, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Howes Leather Co., 4 vote(s) against
Legal provision: 28 U.S.C. 1651

None

Mesarosh v. United States

Wed, 10 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Mesarosh

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 1 (1956)

Argued

Wednesday, October 10, 1956

Decided

Monday, November 5, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Mesarosh, 3 vote(s) against
Legal provision:

None

Herdman v. Pennsylvania R. Co.

Tue, 04 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Herdman

Petitioner Type

Petitioner

Respondent

Pennsylvania R. Co.

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 518 (1957)

Argued

Tuesday, December 4, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Pennsylvania R. Co., 0 vote(s) against
Legal provision: Federal Employers' Liability

None

Automobile Club v. Commissioner

Wed, 06 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Automobile Club

Respondent

Commissioner

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 180 (1957)

Argued

March 6-7, 1957

Decided

Monday, April 22, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Commissioner, 3 vote(s) against
Legal provision: Internal Revenue Code

None

United States v. Louisiana

Mon, 08 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

11 ORIG

Plaintiff

United States

Petitioner Type

Plaintiff

Defendant

Louisiana

Respondent Type

Defendant

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 515 (1957)

Argued

Monday, April 8, 1957

Decided

Monday, June 24, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for United States, 0 vote(s) against
Legal provision:

None

Brown v. United States

Thu, 04 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Brown

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

356 U.S. 148 (1958)

Argued

Thursday, April 4, 1957

Reargued:

Tuesday, October 22, 1957

Decided

Monday, March 31, 1958

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for United States, 4 vote(s) against
Legal provision: Self-Incrimination

None

Perez v. Brownell

Wed, 01 May 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Perez

Petitioner Type

Petitioner

Respondent

Brownell

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

356 U.S. 44 (1958)

Argued

Wednesday, May 1, 1957

Reargued:

Monday, October 28, 1957

Decided

Monday, March 31, 1958

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Brownell, 4 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

None

Konigsberg v. State Bar

Mon, 14 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Konigsberg

Petitioner Type

Petitioner

Respondent

State Bar

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 252 (1957)

Argued

Monday, January 14, 1957

Decided

Monday, May 6, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Konigsberg, 3 vote(s) against
Legal provision: Equal Protection

None

Jaffke v. Dunham

Wed, 12 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Jaffke

Petitioner Type

Petitioner

Respondent

Dunham

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 280 (1957)

Argued

Wednesday, December 12, 1956

Decided

Monday, January 14, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Jaffke, 0 vote(s) against
Legal provision:

None

Baltimore & Ohio R. Co. v. Jackson

Thu, 28 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

370

Petitioner

Baltimore & Ohio R. Co.

Petitioner Type

Petitioner

Respondent

Jackson

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 325 (1957)

Argued

Thursday, March 28, 1957

Decided

Monday, May 13, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Jackson, 4 vote(s) against
Legal provision: 45 U.S.C. 1

None

Ceballos v. Shaughnessy

Wed, 16 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Ceballos

Respondent

Shaughnessy

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957)

Opinion

352 U.S. 599 (1957)

Argued

January 16-17, 1957

Decided

Monday, March 11, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Shaughnessy, 0 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

None

Senko v. Lacrosse Dredging Corp.

Wed, 12 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Senko

Petitioner Type

Petitioner

Respondent

Lacrosse Dredging Corp.

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 370 (1957)

Argued

Wednesday, December 12, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Senko, 3 vote(s) against
Legal provision: Jones, or Death on the High Seas

None

Smith v. Sperling

Wed, 27 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

316

Petitioner

Smith

Respondent

Sperling

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 91 (1957)

Argued

March 27-28, 1957

Decided

Monday, June 10, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Smith, 4 vote(s) against
Legal provision:

None

Pollard v. United States

Mon, 03 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Pollard

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 354 (1957)

Argued

Monday, December 3, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for United States, 4 vote(s) against
Legal provision: Double Jeopardy

None

Achilli v. United States

Thu, 02 May 1957 13:00:00 +0000

Case Basics

Docket No.

430

Petitioner

Achilli

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Consolidation

No. 834

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 373 (1957)

Argued

Thursday, May 2, 1957

Decided

Monday, May 27, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for United States, 2 vote(s) against
Legal provision: Internal Revenue Code

None

Pennsylvania R. Co. v. Rychlik

Mon, 10 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Pennsylvania R. Co.

Respondent

Rychlik

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 480 (1957)

Argued

December 10-11, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Pennsylvania R. Co., 0 vote(s) against
Legal provision: Railway Labor

None

Alberts v. California

Mon, 22 Apr 1957 13:00:00 +0000

Location

California State Capitol

10th Street and L Street Sacramento CA 95814

Sacramento, CA 95814

United States

38° 34' 41.1852" N, 121° 29' 39.8832" W

See map: Google Maps

Case Basics

Docket No.

Petitioner

Alberts

Petitioner Type

Petitioner

Respondent

California

Respondent Type

Respondent

Consolidation

Roth v. United States, No. 582

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 476 (1957)

Argued

Monday, April 22, 1957

Decided

Monday, June 24, 1957

Advocates

Stanley Fleishman (Argued the cause for the appellant)

Clarence A. Linn (Argued the cause for the appellee)

Fred N. Whichello (Argued the cause for the appellee)

Facts of the Case

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.

Question

Did the California Penal Code's obscenity provisions, criminalizing the selling and distribution of obscene literature, violate the freedoms of speech and press as guaranteed by the First and Fourteenth Amendments?

Conclusion

The Court, speaking through Justice William J. Brennan, Jr. held 6 to 3 that obscenity was not "within the area of constitutionally protected speech or press" (Brennan would later reverse his position on this issue in Miller v. California (1973)). The majority noted that the First Amendment was not intended to protect every utterance or form of expression, such as materials that were "utterly without redeeming social importance." The Court held that the test to determine obscenity was "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." The Court held that such a definition of obscenity gave sufficient fair warning and satisfied the demands of Due Process. Justice John Marshall Harlan II concurred in Alberts but dissented in Roth.

Meat Cutters v. Labor Board

Wed, 14 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Meat Cutters

Petitioner Type

Petitioner

Respondent

Labor Board

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 153 (1956)

Argued

Wednesday, November 14, 1956

Decided

Monday, December 10, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Meat Cutters, 0 vote(s) against
Legal provision: National Labor Relations, as amended

None

Grunewald v. United States

Wed, 03 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

183

Petitioner

Grunewald

Respondent

United States

Consolidation

No. 184

No. 186

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 391 (1957)

Argued

April 3-4, 1957

Decided

Monday, May 27, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Grunewald, 0 vote(s) against
Legal provision:

None

Nishikawa v. Dulles

Wed, 01 May 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Nishikawa

Petitioner Type

Petitioner

Respondent

Dulles

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

356 U.S. 129 (1958)

Argued

May 1-2, 1957

Reargued:

Monday, October 28, 1957

Decided

Monday, March 31, 1958

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Nishikawa, 2 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

None

Soriano v. United States

Wed, 05 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Soriano

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 270 (1957)

Argued

Wednesday, December 5, 1956

Decided

Monday, January 14, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for United States, 3 vote(s) against
Legal provision: 28 U.S.C. 2501

None

Government Employees v. Windsor

Mon, 29 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

423

Petitioner

Windsor

Respondent

Government Employees

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 364 (1957)

Argued

April 29-30, 1957

Decided

Monday, May 13, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Government Employees, 0 vote(s) against
Legal provision:

None

Rogers v. Missouri Pacific R. Co.

Wed, 07 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Rogers

Petitioner Type

Petitioner

Respondent

Missouri Pacific R. Co.

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 500 (1957)

Argued

Wednesday, November 7, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 6 votes for Rogers, 2 vote(s) against
Legal provision: Federal Employers' Liability

None

Yates v. United States

Mon, 08 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Yates

Respondent

United States

Consolidation

Schneiderman v. United States, No. 7

Richmond v. United States, No. 8

Heard By

Warren Court (1955-1956)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 298 (1957)

Argued

October 8-9, 1956

Decided

Monday, June 17, 1957

Advocates

Robert W. Kenny (Argued the cause for the petitioner in Schneiderman v. United States)

Ben Margolis (Argued the cause for the petitioners in Yates v. United States)

Philip R. Monahan (Argued the cause for the United States)

Augustin Donovan (Argued the cause for the petitioners in Richmond v. United States)

Facts of the Case

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.

Question

Did the Smith Act violate the First Amendment?

Conclusion

Decision: 6 votes for Yates, 1 vote(s) against
Legal provision: Smith, Subversive Activities Control, Communist Control, or other similar federal legislation except the Internal Security Act (qv.)

In a 6-to-1 decision, the Court reversed the convictions and remanded the cases to a District Court for retrial. The Court interpreted the Smith Act in the following manner: First, the term "organize" was construed to mean the creation of a new organization, making the Act inapplicable to subsequent organizational acts. Second, the Court drew a distinction between the "advocacy and teaching of forcible overthrow as an abstract principle" and the "advocacy and teaching of concrete action for the forcible overthrow of the Government." The Court recognized that instances of speech that amounted to "advocacy of action" were "few and far between."

Putnam v. Commissioner

Wed, 17 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Putnam

Petitioner Type

Petitioner

Respondent

Commissioner

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 82 (1956)

Argued

Wednesday, October 17, 1956

Decided

Monday, December 3, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Commissioner, 1 vote(s) against
Legal provision: Internal Revenue Code

None

Yates v. United States

Tue, 09 Oct 1956 13:00:00 +0000

Location

US District Court for the Central District of California

312 N Spring St Los Angeles CA 90012

Los Angeles, CA 90012

United States

34° 3' 25.92" N, 118° 14' 35.16" W

See map: Google Maps

Case Basics

Docket No.

Petitioner

Oleta O'Connor Yates

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

355 U.S. 66 (1957)

Argued

October 9-10, 1956

Reargued:

Tuesday, October 22, 1957

Decided

Monday, November 25, 1957

Advocates

Leo Branton Jr. (argued the cause for the petitioner)

Kevin T. Maroney (for the United States on the original argument)

Philip R. Monahan (for the United States on reargument)

Facts of the Case

On June 30, 1952, during testimony in the case of United States v. Schneiderman, Oleta O'Connor Yates, an admitted leader of the Communist Party of California, refused to answer eleven questions regarding the identities of other members of the party. For her refusal Yates was found in criminal contempt and sentenced to eleven concurrent sentences of one year. The judge in the case stated that if Yates answered the questions within sixty days of conviction, he would accept her testimony. Yates continued to refuse. Yates appealed the contempt convictions on the ground that the court's intention was to coerce her to testify, rather than punish her. This would make the contempt charges civil, rather than criminal, and Yates' convictions would be a violation of due process. Yates further claimed that eleven contempt sentences for a line of questioning also violated due process. The U.S. Ninth Circuit Court of Appeals rejected Yates' claims and upheld her convictions.

Question

Did Yates' contempt convictions violate the Due Process Clause of the Fifth Amendment?

Conclusion

Decision: 6 votes for Yates, 3 vote(s) against
Legal provision:

In a 6-3 decision authored by Justice Tom C. Clark, the Court found that Yates' contempt convictions were indeed criminal, but also found that eleven convictions for what amounted to a single instance of contempt violated due process. The judge in the case stated that, were Yates to concede to answer the questions, she would still be held for contempt, even though the court would accept her testimony. This, the Court reasoned, indicated that the convictions were intended to punish Yates and not to coerce her testimony. However, the Court also found that every question for which Yates was found in contempt "fell within the same area of refusal." Noting that it would be improper for the prosecution to multiply contempts by repeated questioning on the same inquiry, the Court vacated all but the first conviction for contempt.

U.S. Gypsum Co. v. Nat. Gypsum Co.

Mon, 05 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Nat. Gypsum Co.

Respondent

U.S. Gypsum Co.

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 457 (1957)

Argued

November 5-6, 1956

Decided

Monday, February 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for U.S. Gypsum Co., 3 vote(s) against
Legal provision: Sherman

None

United States v. Howard

Thu, 06 Dec 1956 13:00:00 +0000

Case Basics

Docket No.

Appellee

Howard

Petitioner Type

Appellee

Appellant

United States

Respondent Type

Appellant

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 212 (1957)

Argued

Thursday, December 6, 1956

Decided

Monday, January 14, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for United States, 0 vote(s) against
Legal provision: 16 U.S.C. 851

None

Brownell v. Tom We Shung

Tue, 13 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Brownell

Petitioner Type

Petitioner

Respondent

Tom We Shung

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 180 (1956)

Argued

Tuesday, November 13, 1956

Decided

Monday, December 17, 1956

Facts of the Case

None

Question

None

Conclusion

Decision: 9 votes for Tom We Shung, 0 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

None

Teamsters Union v. Vogt, Inc.

Tue, 26 Feb 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Teamsters Union

Petitioner Type

Petitioner

Respondent

Vogt, Inc.

Respondent Type

Respondent

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

354 U.S. 284 (1957)

Argued

Tuesday, February 26, 1957

Decided

Monday, June 17, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Vogt, Inc., 3 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

None

Trainmen v. Chicago R. & I. R. Co.

Tue, 26 Feb 1957 13:00:00 +0000

Case Basics

Docket No.

313

Petitioner

Trainmen

Petitioner Type

Petitioner

Respondent

Chicago R. & I. R. Co.

Respondent Type

Respondent

Heard By

Warren Court (1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 30 (1957)

Argued

Tuesday, February 26, 1957

Decided

Monday, March 25, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 8 votes for Chicago R. & I. R. Co., 0 vote(s) against
Legal provision: Railway Labor

None

Fowler v. Wilkinson

Tue, 30 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

620

Petitioner

Fowler

Petitioner Type

Petitioner

Respondent

Wilkinson

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 583 (1957)

Argued

Tuesday, April 30, 1957

Decided

Monday, June 3, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 5 votes for Wilkinson, 4 vote(s) against
Legal provision: Uniform Code of Military Justice

None

United States v. Du Pont & Co.

Wed, 14 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Du Pont & Co.

Respondent

United States

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 586 (1957)

Argued

November 14-15, 1956

Decided

Monday, June 3, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 4 votes for United States, 2 vote(s) against
Legal provision: Clayton

None

Jencks v. United States

Wed, 17 Oct 1956 13:00:00 +0000

Case Basics

Docket No.

Petitioner

Jencks

Petitioner Type

Petitioner

Respondent

United States

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 657 (1957)

Argued

Wednesday, October 17, 1956

Decided

Monday, June 3, 1957

Facts of the Case

None

Question

None

Conclusion

Decision: 7 votes for Jencks, 1 vote(s) against
Legal provision:

None

Mitchell v. Bekins Van & Storage Company

mgruhn — Tue, 26 Feb 1957 13:00:00 +0000

Case Basics

Docket No.

122

Petitioner

James P. Mitchell, Secretary of Labor, et al.

Petitioner Type

Petitioner

Respondent

Bekins Van & Storage Company

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 1027 (1957)

Argued

February 26-27, 1957

Decided

Monday, March 11, 1957

Advocates

Bessie Margolin (argued the cause for the petitioner)

William French Smith (argued the cause for the respondent)

Facts of the Case

Not available

Question

Not available

Conclusion

Decision: 7 votes for Mitchell, 2 vote(s) against
Legal provision: Fair Labor Standards Act

Not available

Arkansas & Louisiana Missouri Railway v. Amarillo-Borger Express

mgruhn — Mon, 04 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

125

Appellant

Arkansas & Louisiana Missouri Railway Company, et al.

Petitioner Type

Appellant

Appellee

Amarillo-Borger Express, Inc., et al.

Respondent Type

Appellee

Consolidation

No. 224, United States v. Amarillo-Borger Express

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Opinion

352 U.S. 1028 (1957)

Argued

March 4-5, 1957

Decided

Monday, March 11, 1957

Facts of the Case

Not available

Question

Not available

Conclusion

Decision: 7 votes for dismissal, 2 vote(s) against
Legal provision: None

In a Per Curiam opinion, the Court vacated the judgment of the lower court and remanded the case with directions to dismiss it as moot.

Olin Mathieson Chemical Corp. v. National Labor Relations Board

mgruhn — Thu, 28 Feb 1957 13:00:00 +0000

Case Basics

Docket No.

153

Petitioner

Olin Mathieson Chemical Corp.

Petitioner Type

Petitioner

Respondent

National Labor Relations Board

Respondent Type

Respondent

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Argued

Thursday, February 28, 1957

Facts of the Case

Not available.

Question

Not available.

Conclusion

Not available.

Deen v. Gulf, Colorado & Santa Fe Railway Co.

mgruhn — Mon, 01 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

199

Petitioner

Earl R. Deen

Petitioner Type

Petitioner

Respondent

Gulf, Colorado & Santa Fe Railway Company

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 925 (1957)

Argued

Monday, April 1, 1957

Decided

Monday, April 8, 1957

Advocates

Robert Lee Guthrie (for the petitioner)

Luther Hudson (for the respondent)

Facts of the Case

Not Available.

Question

Not Available.

Conclusion

Decision: 5 votes for Deen, 4 vote(s) against
Legal provision: None given

Not Available.

United States v. American Freightways Co.

mgruhn — Wed, 23 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

265

Appellant

United States

Petitioner Type

Appellant

Appellee

American Freightways Co.

Respondent Type

Appellee

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1957)

Opinion

352 U.S. 1020 (1957)

Argued

Wednesday, January 23, 1957

Decided

Monday, March 4, 1957

Facts of the Case

Not available

Question

Not available

Conclusion

Decision: 4 votes for American Freightways, 4 vote(s) against
Legal provision: N/A

Not available

Holophane v. United States

mgruhn — Mon, 05 Nov 1956 13:00:00 +0000

Case Basics

Docket No.

Appellant

Holophane Co., Inc.

Petitioner Type

Appellant

Appellee

United States

Respondent Type

Appellee

Heard By

Warren Court (1956-1957)

Decided By

Warren Court (1956-1957)

Argued

Monday, November 5, 1956

Decided

Tuesday, November 13, 1956

Facts of the Case

Not available

Question

Not available

Conclusion

Decision: 9 votes for United States, 0 vote(s) against
Legal provision: None given

Not available

Thomson v. Texas & Pacific Railway Co.

mgruhn — Tue, 02 Apr 1957 13:00:00 +0000

Case Basics

Docket No.

321

Petitioner

Ruby Neil Thomson

Petitioner Type

Petitioner

Respondent

Taxas & Pacific Railway Company

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

353 U.S. 926 (1957)

Argued

Tuesday, April 2, 1957

Decided

Monday, April 8, 1957

Facts of the Case

Not available.

Question

Not available.

Conclusion

Decision: 6 votes for Thomson, 3 vote(s) against
Legal provision: None given

Not available.

Lasky v. Commissioner of Internal Revenue

mgruhn — Thu, 07 Mar 1957 13:00:00 +0000

Case Basics

Docket No.

371

Petitioner

Bessie Lasky and Jessie L. Lasky

Petitioner Type

Petitioner

Respondent

Commissioner of Internal Revenue

Respondent Type

Respondent

Heard By

Warren Court (1957)

Decided By

Warren Court (1957)

Opinion

352 U.S. 1027 (1957)

Argued

Thursday, March 7, 1957

Decided

Monday, March 11, 1957

Facts of the Case

Not available.

Question

Not available.

Conclusion

Decision: 7 votes for Commissioner of Internal Revenue, 1 vote(s) against
Legal provision: None given

Not available.

United States v. Schneer's Atlanta

mgruhn — Tue, 15 Jan 1957 13:00:00 +0000

Case Basics

Docket No.

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Schneer's Atlanta, Inc.

Respondent Type

Respondent

Heard By

Warren Court (1957-1958)

Decided By

Warren Court (1957-1958)

Opinion

352 U.S. 978 (1957)

Argued

January 15-16, 1957

Decided

Monday, January 21, 1957

Facts of the Case

Not available.

Question

Not available.

Conclusion

Decision: 0 votes for United States, 0 vote(s) against
Legal provision: Defense Production Act of 1950

Not available.