Today in Supreme Court History: June 8, 1925

6/8/1925: Gitlow v. People of the State of New York decided.

Comments

[Dan Schiavetta]

Gitlow v. New York, 268 U.S. 652 (decided June 8, 1925): New York's "criminal anarchy" statute (still on the books!) permissible despite First Amendment because it penalizes advocating violent overthrow of government (here, an early Communist tract) --

-- limited by Brandenburg v. Ohio, 395 U.S. 444 (also decided June 8, but in 1969): First Amendment protected pro-Klan rally at which people dressed in white robes and lit crosses because no "imminent lawless action" urged (perhaps a different result if speech was made in a black neighborhood)

Lomax v. Ortiz-Marquez, 590 U.S. --- (decided June 8, 2020): applying Prison Litigation Reform Act prohibition on in forma pauperis petitions if there have been three previous dismissals as frivolous or for failure to state a claim, even though two of them stated they were without prejudice

Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (decided June 8, 2009): appellate judge should have recused himself on review of large verdict against company whose CEO had bankrolled his election campaign (unsurprisingly, the judge had voted to throw out the verdict)

Zivotofsky v. Kerry, 576 U.S. 1 (decided June 8, 2015): striking Act of Congress allowing American citizen born in Jerusalem to list his place of birth as "Israel" despite Jerusalem not recognized as Israel's capital; President has exclusive power to recognize foreign nations and can disregard Congressional directives (this result is ironic, given Truman's immediate recognition of Israel in 1948)

Houston, E. & W.T.R. Co., 234 U.S. 342 (decided June 8, 1914): state violated Dormant Commerce Clause by authorizing different railroad rates for intrastate and out-of-state travel

Virginia v. West Virginia, 234 U.S. 117 (decided June 8, 1914): sur-reply by West Virginia allowed though not authorized by rules because states as litigants in this original jurisdiction case are entitled to procedural slack (this was a dispute, won by Virginia, as to reimbursment for public works projects when W.Va. was still part of that state) (Virginia was given a lot of slack too; it didn't file a complaint until 1906, 45 years later; there must be no statute of limitations on claims by state vs. state)

Burdick v. Takushi, 504 U.S. 428 (decided June 8, 1992): Hawaii prohibition on write-in voting did not violate First Amendment right to free association because Hawaii has liberal rules allowing candidates to get onto ballot

Dalehite v. United States, 346 U.S. 15 (decided June 8, 1953): 2300 tons of fertilizer made at the direction of the federal government and under its control exploded, causing a chain reaction of oil fires which killed 581 people. Personal injury suits dismissed because of Tort Claims Act exception for "discretionary" acts with no negligence shown. (Congress subsequently passed a law allowing the victims to sue)

[Syd Henderson]

Gitlow also recognized the incorporation of the First Amendment (but still affirmed the conviction so it didn't help Gitlow. What did help Gitlow was that Al Smith pardoned him a month after Gitlow returned to prison.

[Bob from Ohio]

Gitlow became a prominent anti-communist later.

[Dan Schiavetta]

Many did, when they saw what Stalin was doing.

[Bob from Ohio]

Of course, Communist mass murder only started with Stalin. Yup, the creator of the Cheka and the Red Terror had nothing to do with murder, starvation and repression.

[Sarcastr0]

And the things those Russians did to those Germans!

This is some hilariously overtuned redbaiting.

[Bob from Ohio]

"greatest moral failing of liberals in the 20th century was failing to recognize the evils of Soviet communism "

Apparently continuing in the 21st too.

[Sarcastr0]

Yeah, Bob, that was me saying Stalin was the bee's knees.

As I said, amazingly overtuned redbaiting.