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 upholds 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; at issue was the February cover of Sports Illustrated -- no, not the swimsuit issue! -- with 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 conviction (on another offense) that occurred after original conviction in determining sentencing

[Rev. Arthur L. Kirkland]

With that list of decisions to choose among, what kind of dumbasses would highlight an obscure justice's oath?

Georgetown-South Texas-Federalist Society dumbasses, of course.

[Mr. Bumble]

Funny that the "seven dirty words" have probably all been uttered by politicians recently.

[Dan Schiavetta]

My favorite part:

"'Tits'?? Tits shouldn't even be on the list! It sounds like a snack. 'Have some tits! They're irresistible! Bet you can't eat just one!'"

[Hugo S. Cunningham]

Spoken to your cat, it is an invitation to partake of small feathered treats.

[JoeFromtheBronx]

A guy involved with Moral Majority or some such organization complained his "young" son could listen to Carlin's route. The son was fifteen years old. One news story linked by the Wikipedia entry to that case says he was the only complaint FCC received.

IDK. Justice Stewart dissented. He knew censorship when he saw it.

The ruling was one of Stevens' missteps. Even Homer nodded and all that. His partial dissenting opinion in Webster was better.

He discussed how part of the law violated the Establishment Clause. The role of religious liberty in abortion rights is not a one-way ratchet. It is not just about the conscience of those against abortion.

Karo did state a beeper can unconstitutionally invade the sanctity of the home. But, for the purposes of the case, there was enough legally obtained evidence to uphold the charges.

[SMP0328]

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 — ?)

With the Lemon and Endorsement Tests repudiated by Kennedy, expect creches and other religious symbols to be on government property without secular holiday items (e.g., a Christmas tree) being next to them.

[apedad]

I have absolutely no problem with that - as long as the Satanists or Pastafarians or whatever else folks identify as their religion also can assemble their displays too.

[Rev. Arthur L. Kirkland]

You expect the superstitious hayseeds and Republican bigots to go for that?

[JoeFromtheBronx]

That case was not the same as the Capitol Square case involving a public forum open to everything, including some KKK cross.

It involved the government having its own display, one that particularly favored one religion in the portion that five justices agreed was unconstitutional.

I am willing to accept the public forum case. Ditto some government display that honestly tries to be diverse. I'm wary but okay, it's the best we can do. But, just having a standalone creche or Ten Commandments? Not so much.