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

​Muscarello v. United States, 524 U.S. 125 (decided June 8, 1998): “carrying a firearm” aggravation factor in drug trafficking charge includes firearm in vehicle used for drug transaction even though not picked up

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)

[defaultdotxbe]

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)

Perhaps, but perhaps not. In 1977 (on June 14th, so maybe one for next week lol) SCOTUS found the 1st amendment protected the National Socialist Part of America (Nazis) right to march in Skokie, IL. They had chosen Skokie because of the large number of Holocaust survivors living there.

[Dan Schiavetta]

Thanks

I’ll add that case for next week. I didn’t pick it last time because the Court didn’t decide the merits (it just remanded the case to state court).

[Rev. Arthur L. Kirkland]

The Supreme Court bounced Justice Brent Benjamin (first Republican elected to the Supreme Court of Appeals in West Virginia in nearly a century) from a benefactor's case over a paltry $3 million (in indirect support). With respect to Harlan Crow's (known) support of Clarence Thomas, $3 million would constitute a rounding error.

It seems remarkable -- a perverse joke, perhaps -- that former Justice Benjamin was chosen to lead the state's Access To Justice Committee . . . until one recalls that it's West Virginia.

[SRG]

Note, too, that Thomas joined the dissent in Caperton.

The murderer Blankenship up to his tricks again.

[Rev. Arthur L. Kirkland]

When Congress imposes ethical standards on the Supreme Court, the bill should be named the "No More Clarence and Ginni Thomases Act."

[SRG]

The event underlying Dalehite: https://en.wikipedia.org/wiki/Texas_City_disaster

I'd never heard of this - is it well-known by Americans? It's not the only disaster involving ammonium nitrate, though.

[Dan Schiavetta]

As often happens, I learned of it only when I read the case prior to writing a summary. As far as accidental explosions go it was in a class by itself.

[taqmcg]

It only makes it to seventh place in Wikipedia (based upon the explosive power), with the Halifax explosion leading the list. The recent (and rather similar) explosion in Beirut is also a little higher.

[taqmcg]

It's interesting what makes it to our cultural memory. We all know about the Great Chicago Fire of 1871. But there were two other more deadly fires at essentially the same time in Wisconsin and Michigan including the Peshtigo fire which killed more than 1200 people (compared to about 300 in Chicago) and is I think the deadliest fire in US history. If it doesn't happen in a big city it doesn't really happen I suppose. Certainly I only learned of the Peshtigo fire when it was mentioned in the Gilded Age a couple of years ago.

[Dan Schiavetta]

I sent in an audition photo for that movie when there was a casting call back in early 2020. Everything then got canceled by Covid. They wanted an older fellow playing double bass and I thought my photo was quite convincing.

[Syd Henderson]

I have a copy of “The Great International Disaster Book” so I’ve read of great disasters such as Texas City, Halifax and the Peshtigo Forest Fire. I don’t think there’s a forest there even today.

The World Trade Center would be the worst. The Sultana fire and boiler explosion may have killed more people than the Peshtigo forest fire; I’ve seen numbers over 1500, mostly released Union prisoners of war. The Peshtigo forest fire may have gotten that high. The town records were incinerated so there may have been a lot of undocumented deaths.

[Dr. Ed 2]

I've definitely heard about it -- as the Texas City Disaster -- and without any reference to the US Government or subsequent litigation, just that the idiots were standing there watching and got killed when the Ammonium Nitrate went up. https://www.youtube.com/watch?v=TworcINhDhQ

This, the WWI-era explosion in the harbor of Halifax, Nova Scota (Canada), and the WW-II era Port Chicago ordinance explosion are the big three lethal ones that come to immediate mind.

Texas City led to evacuation protocols because prior to this, the concern before was to get everyone off the ship and then get the burning ship (if it couldn't be saved) far enough away from everything else not to light anything else on fire. These were protocols which had existed since the shipping of unslaked lime (which caught fire if wet) and burnt-out lime boats are still being found on what were the outreaches of harbors -- one was found in the excavation for Boston's GE Building.

Mixed with fuel oil (ANFO), Ammonium Nitrite is a powerful explosive. But by itself, it's not supposed to be that dangerous.

[SRG]

But by itself, it’s not supposed to be that dangerous.

It's more difficult to detonate, but when ammonium nitrate is present in large amounts, an initial explosion can act as the detonator for the whole thing going up. I recall a case where after a flood had caused ammonium nitrate in sacks to dissolve and then resolidify in one giant mass, and workers tried to break up the apparently safe mass with pickaxes, and kablooey.

[bernard11]

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)

This description makes no sense to me. Was Zivotofsky born before 1948, or between 1948 and 1967? And why should it matter whether Jerusalem is recognized as the capital?

[Dan Schiavetta]

“And why should it matter whether Jerusalem is recognized as the capital?”

And thereby hangs a tale. — As You Like It, II, vii, 29.

The United States, like many other countries, had carefully avoided an official position as to what country Jerusalem belonged to. The child at issue was born in 2002 in Jerusalem to United States citizens and the issue came up when his mother went to the American Embassy in Tel Aviv to get him a passport. She wanted it to state place of birth as “Jerusalem, Israel”, but the clerk said it could only say “Jerusalem”.

[Syd Henderson]

It was absolutely huge and it's famous. It was the Texas City disaster in Galveston Bay and is considered the worst industrial disaster in American history.