Today in Supreme Court History: February 24, 1930

2/24/1930: Chief Justice Charles Evans Hughes takes oath.

Chief Justice Charles Evans Hughes

Comments

[Dan Schiavetta]

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (decided February 24, 1969): being in school does not restrict student’s First Amendment rights (students were told to remove black armbands as protest against Vietnam War) (as the Editor-in-Chief of my high school newspaper and a 1975 graduate, and who in 1969 in seventh grade was the only person in the school displaying a peace symbol, this case meant a lot to me)

Hustler Magazine v. Falwell, 485 U.S. 46 (decided February 23, 1988): First Amendment prohibits Jerry Falwell as a “public figure” from bringing defamation suit against Hustler for “parody” of his life (this case was grossly misrepresented in the move “People v. Larry Flynt”, and even at the time provoked criticism from noted feminists, who realized that they could be next; Hustler was a disgusting, vile magazine, and though I did get a few guilty giggles at the “Chester the Molester” cartoons, its “parody” of Falwell, besides not being funny, was disgusting, vile, and childish)

Unicolors, Inc. v. H & M Hennes & Mauritz, :LP, 595 U.S. — (decided February 24, 2022): inaccurate understanding of law does not invalidate copyright (plaintiff, designer of fabric, had submitted one application covering 31 designs when it should have submitted 31) and conduct fell within Copyright Act’s safe-harbor provision, 17 U.S.C. §411(b)(1)(A); restores verdict in copyright infringement suit

United States v. Hayes, 555 U.S. 415 (decided February 24, 2004): 1996 Gun Control Act prohibited possession by those convicted of misdemeanor domestic violence; applies here to man convicted of battery on his then-wife even though charge for which he pleaded guilty was generic battery

Doe v. Chao, 540 U.S. 614 (decided February 24, 2004): can’t get award in Privacy Act suit if no showing of actual damages (vacating award of $1,000 to plaintiff whose Social Security Number supplied when applying for Black Lung benefits was then printed by Department of Labor in group public hearing notice)

[wolfefan]

Thanks, as always, for these summaries. Either Tinker or Falwell would have been good choices for this day as well. I'm a 77 grad who grew up in one of the historic peace churches, so while I was a little younger and didn't know about Tinker at the time, I would have felt the same as you. I wonder how often there are three good choices for this recurring feature on the same day.

[Dan Schiavetta]

Thanks!

When I got out of my home town and finally met some non-conservatives, I got drawn into the nuclear freeze movement and the anti draft movement and learned that there were three “peace churches” — the Quakers, the Brethren, and the Mennonites. They seemed “straight-laced” but also I was impressed by their integrity and honesty, and of course as to their draft resisting men, their courage. One of them spent a year in jail. He only glancingly referred to it but I deduced he had been bullied and beaten — being known around the prison as someone who “refused to fight” made him an easy target.

[wolfefan]

I'm a pastor in the Church of the Brethren. The stories of what some peace folks went through in WWI are horrifying. Once a system of alternative service was developed it was better, for those able to participate in good conscience, but that system was rough too. Participants were used to test malaria treatments, were starved to learn some of the effects of malnutrition in a POW setting, and fought forest fires in the US (presumably not while hungry and malaria-ridden!)

[John F. Carr]

The misdemeanor domestic violence clause in the gun control law is still spawning case law decades later. U.S. v. Minor (1st Cir. 2022): A man plea bargained domestic assault down to generic assault. He was later convicted of having a gun. He won a retrial in a split decision in the First Circuit because the prosecution had not proved he knew his conviction was disqualifying. He had taken the plea in the mistaken belief that he could keep his guns.

[Dan Schiavetta]

Thanks, as always.

"Misdemeanors" are not always minor offenses. In some states, manslaughter is a misdemeanor.

[David Nieporent]

First Amendment prohibits Jerry Falwell as a “public figure” from bringing defamation suit against Hustler for “parody” of his life

No; it was an IIED case, not a defamation case,¹ and the holding was that the same NYT v. Sullivan standards that apply to defamation apply to other torts attacking speech. As a public figure, Falwell wasn't prohibited from bringing the suit; he just needed to show 'actual malice' to prevail.

¹To be specific, Falwell had brought a defamation claim, but the jury rejected that on the grounds that it was obvious parody; they found for Falwell on IIED, though. The only issue before SCOTUS was the standard for IIED.

[Dan Schiavetta]

Thanks. As you pointed out, procedurally I got confused. Not the first time!

I'll correct my summary for the next time Feb. 24 rolls around.

[John F. Carr]

While looking up a domestic violence gun case the search results included an ad for an app-based domestic violence training course. An ecosystem has sprung up around traffic court. If you pay extra for "traffic school" your ticket goes away. Do domestic violence cases also come with their own parasites waiting for the judge to throw some business their way?

[Dan Schiavetta]

Skills I’m pretty sure are not taught in a “domestic violence training” course:
1. boxing lessons
2. target practice
3. beer chugging
4. axe throwing
5. first aid
6. kung fu
7. medicine ball toss
8.

[defaultdotxbe]

From what I've heard its something of a targeted anger management course (although from what I've heard some defensive driving courses are too)

So yeah, probably the same sort of ecosystem.

[Frank Drackman]

When did his facial hair take it?

[Drbusybody]

Chief Justice Taft lived only 3 months after he retired in 1930

[Frank Drackman]

that's why it's called "Morbid Obesity"