Today in Supreme Court History: July 3, 1941

7/3/1941: Chief Justice Harlan Fiske Stone takes oath.

Chief Justice Harlan Fiske Stone

Comments

[Dan Schiavetta]

FCC v. Pacifica Foundation, 438 U.S. 726 (decided July 3, 1978): George Carlin’s “seven dirty words” broadcast on WBAI in New York at 2 p.m.; Court upheld FCC’s reprimand despite First Amendment concerns; possibly would have been different result if broadcast at night (I listened to ’BAI in those years and they would talk about the incident regularly, though not mentioning the actual words) (“she was working for the friends of ’BAI” -- anyone remember that song?)

Webster v. Reproductive Health Services, 492 U.S. 490 (decided July 3, 1989): Missouri declared that a fetus was a person and forbade public funds being used for abortions or gov’t employed personnel from performing them; Court says this was not inconsistent with Roe

Hudson v. Palmer, 468 U.S. 517 (decided July 3, 1984): don’t need a warrant to search a prisoner’s belongings (no post-deprivation expectation of privacy) (what did they find? a ripped pillow -- aha! destroying government property!)

United States v. Karo, 468 U.S. 705 (decided July 3, 1984): evidence seized without warrant (can of ether used to make cocaine) did not invalidate arrest justified by lawfully obtained evidence (smell of ether and sighting of can outside)

Bell v. Ohio, 438 U.S. 637 (decided July 3, 1978): striking down Ohio’s death penalty statute because it did not allow for mitigating factors in sentencing (such as character, past record)

Regan v. Time, Inc., 468 U.S. 641 (decided July 3, 1984): statute prohibiting photographing of money struck down because the exception for “newsworthy purposes” was too vague (purpose of statute was obviously to prevent counterfeiting, the February cover of Sports Illustrated -- no, not the swimsuit issue! -- had a color photo of $100 bills pouring into a basketball hoop) (in college I knew someone who would put a dollar bill onto the library copy machine and then put the trimmed-down copies into the change machine next to it -- the ploy worked but they eventually caught him)

Block v. Rutherford, 468 U.S. 576 (decided July 3, 1984): no Fourth/Fourteenth Amendment problem with county jail denying visits and conducting unannounced shakedowns (these were men who had not yet been convicted of crime)

County of Allegheny v. ACLU, 492 U.S. 573 (decided July 3, 1989): Establishment Clause violated by creche on courthouse staircase but not by menorah outside county building next to Christmas tree and “a sign saluting liberty” (I wonder if this was the traditional “Liberty” statue with bare breasts -- ?)

Wasman v. United States, 468 U.S. 559 (decided July 3, 1984): after retrial and conviction after successful appeal the court can consider offenses committed after original conviction in determining sentencing

[F.D. Wolf]

I think it would be slightly clearer to say the issue in Wasman was an intervening conviction, not an intervening offense. While the defendant was on trial for mail fraud, he was an indicted for a separate, unrelated offense of making false statements on a passport application. He was convicted in the mail fraud case. The sentencing judge stated he was not taking the open passport case into consideration and sentenced him to two years with 18 months of that suspended.

The mail fraud conviction was reversed on appeal. At that point, the defendant pled no contest in the passport case, receiving two years of probation. He was retried on the mail fraud case and again convicted. This time, the judge, considering the conviction in the passport case, sentenced him to two years imprisonment (with no portion suspended). The Supreme Court said this was permissible.

[Dan Schiavetta]

Thanks! Yes, will rephrase.

[John F. Carr]

If Blackman had a sense of humor he would illustrate this with a picture of Judge Harold Stone.

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