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 suspend student’s First Amendment rights (students were told to remove black armbands protesting Vietnam War); that year I was the only student in my conservative public school displaying a peace symbol (I drew it in big markers on my loose-leaf) so this decision meant a lot to me

Hustler Magazine v. Falwell, 485 U.S. 46 (decided February 24, 1988): First Amendment prohibits Jerry Falwell as a “public figure” from bringing intentional infliction of emotional distress claim against Hustler for “parody” of his life, absent “actual malice” (knowledge of falsity, which you can never prove if it’s a parody) (this case was grossly misrepresented in the movie “People v. Larry Flynt”, and at the time provoked criticism even from noted feminists, who realized that they could be next; Hustler was a disgusting, vile magazine, and its “parody” of Falwell, besides not being funny, was disgusting, vile, and juvenile)

Unicolors, Inc. v. H & M Hennes & Mauritz, LP, 595 U.S. 178 (decided February 24, 2022): procedural mistake 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 who committed 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)

[Stupid Government Tricks]

Nice objective review of Hustler from a guy who thinks VC is the proper place for porn movie reviews.

[Dan Schiavetta]

My reviews (the summer of 2023) were mature and thoughtful, including the Sunday ones on porn (or near-porn) films. I don't think anyone here would disagree.

I have a list of movies lined up for reviews this summer. No porn, because I've already gone through all the ones I've seen (and remember).

[Stupid Government Tricks]

Ah, that's the point, isn't it? Who decides your reviews were fine and Hustler was not? Hustler had a lot more subscribers than you do.

[JoeFromtheBronx]

Hughes has a certain Jehovah vibe that gives a special flavor to his taking an oath. Shades of Jesus being baptized by John the Baptist.

The Supreme Court handed down its typical Monday Order List with various dissents and statements partially covered by separate entries. Alito didn't take part in one case, not saying why, while Kagan did not in another, explaining why.

Amy Howe's personal SCOTUS blog for whatever reason was down for around 10 days. It is back up. SCOTUSblog also has returned, for whatever reason, to posting on Twitter.

[CJColucci]

Winner of the Charles Evans Hughes look-alike contest.

[Dan Schiavetta]

Hey that's my line!

[A Japanese Student]

Wildlife Protection and Hunting Act Case (Second Petty Bench, decided February 24, 2000): Upheld conviction for hunting with firearms in residential areas; presence of 10 houses within 200-meter radius sufficient (New bill proposed by the Cabinet seeks to permit hunting in residential areas, as a response to increased sighting of bears)

FOIA Request Case (Third Petty Bench, decided February 24, 2004): Plaintiff's death moots FOIA lawsuits

Injury Case (First Petty Bench, decided February 24, 2009): Defendant (in pretrial detention) gets assaulted by another detainee. Defendant commits two assaults - the first one causing injury but justifiable as self-defense, the second one without injury but exceeding the limits of self-defense. Supreme Court rules that this constitutes one count of (assault causing) injury, even though no injury resulted from the assault that made the defendant guilty

Koshibyo Case (Grand Bench, decided February 24, 2021): Separation of church and state violated by granting total exemption of municipal park user fees to Confucius temple (case filed under taxpayer standing)